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Ohio Gov & Administrative Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Gov & Administrative Law for Ohio on
Q: What can I use against CPS that they can't loophole out of?

I lost custody of my son but still maintain my parental rights. Custody was granted to his grandma but she has lost custody of him twice. The first time she tried to kill herself, followed the case plan and got him back and then accidentally recorded a message on the Casas voicemail telling my son... View More

James L. Arrasmith
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answered on Jul 21, 2024

You can start by gathering all evidence that demonstrates your efforts to maintain contact and the barriers you've faced, including the recorded voicemail and any documentation of missed visitations due to the grandma's interference. Present this evidence clearly to the court and insist... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Ohio on
Q: I’m 18 am I allowed to open carry a pistol givin to me and carry it in my car unloaded and put in trunk
James L. Arrasmith
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answered on Jun 15, 2024

In the United States, firearm laws vary significantly by state, so it's crucial to know the specific laws in your state regarding open carry and transportation of firearms. Generally, federal law allows individuals 18 years and older to possess a handgun, but states have their own regulations... View More

1 Answer | Asked in Gov & Administrative Law for Ohio on
Q: I’m running a daycare center out of my home do I have to allow the government to see/open my safe to “look” at my guns?

I’m currently trying to have a home daycare center in my home to add extra income. The governing agency is going to do a walk thru of the property they want to see my safe to show I keep the guns in there but now they want me to open it and show them the weapons. Is it legal? Do I have to grant... View More

James L. Arrasmith
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answered on Jun 10, 2024

Operating a daycare center from your home involves complying with various safety regulations, including the proper storage of firearms. The governing agency's request to see your gun safe is likely part of their effort to ensure the safety of the children under your care. They want to confirm... View More

1 Answer | Asked in Gov & Administrative Law for Ohio on
Q: Hi what age do I have to be to mow lawns,shovel snow and rake leaves for neighbors for money?

I really want to do it for extra money but I don’t know the legal age I have to be

Nicholas P. Weiss
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answered on Jun 6, 2024

There is no prohibition on you doing this yourself at any age. The prohibition is on a company hiring or contracting you to do this work while you are below working age. If it's just you going around the neighborhood, then you're fine.

1 Answer | Asked in Gov & Administrative Law for Ohio on
Q: How can the court check box stating I waive my right for this matter to be heard within 30 days due to lack of service?

This allowed them to determine a "reasonable amount of time" to be over 60 days. I don't want suggested to consult a lawyer I'm simply asking for an answer.

James L. Arrasmith
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answered on Jun 3, 2024

To address the court's checkbox stating you waive your right for the matter to be heard within 30 days due to lack of service, you need to understand the implications of checking that box. By waiving this right, you agree that the court can extend the timeframe to determine the matter. This... View More

1 Answer | Asked in Gov & Administrative Law for Ohio on
Q: What is the regulation on reiki in Ohio?
James L. Arrasmith
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answered on May 27, 2024

In Ohio, there are no specific state regulations that directly govern the practice of Reiki. This means that practitioners are not required to hold a specific license or certification to offer Reiki services. However, Reiki practitioners must still adhere to general business regulations, including... View More

1 Answer | Asked in Intellectual Property, Trademark, Business Law and Gov & Administrative Law for Ohio on
Q: I am interested in developing a bundle recovery product that includes wellness products.

Sales would occur in-person and online. I have no intention of modifying the packaging for the products I purchase/resell. I would like to include products such as a hydration packet (ideally Liquid IV) a protein bar, vitamins, face wash, and pain medication.

James L. Arrasmith
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answered on May 19, 2024

To develop a bundle recovery product that includes wellness products for sale in California, both in-person and online, there are several legal considerations to keep in mind:

1. Resale of products: If you are purchasing products from other brands and reselling them, ensure that you are...
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1 Answer | Asked in Gov & Administrative Law for Ohio on
Q: Can I carry a loaded firearm in my vehicle as a permit less carrier? Is Ohio code 2923.16 in regards to Senate Bill 215?
James L. Arrasmith
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answered on Apr 17, 2024

Ohio Senate Bill 215, which went into effect on June 13, 2022, allows individuals 21 years and older to carry a concealed handgun without a permit in Ohio. This is often referred to as "constitutional carry" or "permit less carry."

However, it's important to note...
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1 Answer | Asked in Gov & Administrative Law for Ohio on
Q: My grandfather (Idaho resident) wants to gift me (Ohio resident) his handgun. I’m also 18, how would one go about this?
James L. Arrasmith
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answered on Apr 12, 2024

I want to provide some helpful information, but also share a few important considerations:

Transferring a firearm across state lines can be complex due to federal and state laws. In general, interstate transfers of firearms between private parties (like you and your grandfather) living in...
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Q: grooming policy states it is discretionary by boss to shave beard. multiple coworkers do not have to. do i ?

multiple co-workers are allowed to have facial hair including my supervisor. Why do i have to shave?

James L. Arrasmith
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answered on Mar 3, 2024

If your workplace grooming policy states that the decision to require shaving is at the discretion of your boss, it implies that there is room for individual judgment on whether or not an employee needs to shave their beard. The fact that your co-workers, including your supervisor, are allowed to... View More

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1 Answer | Asked in Gov & Administrative Law for Ohio on
Q: Is it possible to appeal driver license medical suspension? What's required?

BMV initiated medical form 2310 to be submitted to primary care physician, which was provided. Appears physician did not return to BMV. BMV then issued notice of medical suspension.

James L. Arrasmith
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answered on Feb 23, 2024

Yes, appealing a driver's license medical suspension is possible, but the specific process can vary by state or region. Generally, the Bureau of Motor Vehicles (BMV) or equivalent agency provides a pathway for individuals to challenge a medical suspension. This usually involves submitting a... View More

1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Municipal Law for Ohio on
Q: Which supersedes Civil Service Rules or ORC

ORC 124.45 States that a promotion exam is valid for two years. Local civil service states that the test is good for one year and the bargaining unit contract states that Civil Service supersedes ORC 124.45-124.48

James L. Arrasmith
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answered on Jan 10, 2024

In situations where there is a conflict between state law and local civil service rules, the supremacy of one over the other can depend on the specific context and legal framework of the state. Ohio Revised Code (ORC) 124.45 sets the validity of a promotion exam at two years, while your local civil... View More

1 Answer | Asked in Constitutional Law, Federal Crimes and Gov & Administrative Law for Ohio on
Q: Is it legal to purchase, and not use, a fake naturalization certificate? It's only for a short film.

I have a short film in which an immigrant would display her naturalization certificate. I didn't think anything about it until I tried to find a means of attaining one and encountered a number of warnings about it.

I have no intention of using it beyond film and social media character... View More

James L. Arrasmith
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answered on Dec 23, 2023

Purchasing a fake naturalization certificate, even for use in a film or for social media purposes, is legally risky and not advisable. Federal law prohibits the production, sale, and possession of fraudulent government documents, including naturalization certificates. This applies regardless of... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Ohio on
Q: What are the gun law requirements in Ohio when carrying in a vehicle for non CHL holders?
T. Augustus Claus
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answered on Dec 4, 2023

In Ohio, non-CHL holders can carry a loaded handgun in their vehicle but it must be unloaded and placed in a locked container or a compartment that is out of the immediate reach of the driver or any occupant of the vehicle.

Here are some additional details about Ohio's gun laws for...
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1 Answer | Asked in Criminal Law, Gov & Administrative Law and Municipal Law for Ohio on
Q: Can two people legally fist fight if they both consent
James L. Arrasmith
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answered on Dec 2, 2023

In Ohio, as in many states, consenting to a physical fight does not necessarily make it legal. Even if both parties agree to a fist fight, it can still be considered a breach of the peace or a violation of public order laws.

The legal system generally discourages acts of violence,...
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1 Answer | Asked in Immigration Law, Appeals / Appellate Law and Gov & Administrative Law for Ohio on
Q: CAN WE GET PR CARD BACK WHICH WAS ISSUED IN 2005 AND DID NOT MENTAINED 730 DAYS IN CANADA ?

ME AND MY FAMILY (MY PARENTS &ME) .IT WAS EXPIRING ON 22/10/2005.WE ENTERED CANADA ON 07/05/2005 AND GOT CONFIRMITION OF PERMENANT RESIDENCY ON 27/05/2005. I GOT MY PR CARD/ SIN / HEALTH INSURANCE EVERYTHING. AND EXPIRY DATE ON PR CARD WAS 25/05/2010.

SO FOR THE CITIZENSHIP WE HAVE TO... View More

James L. Arrasmith
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answered on Oct 11, 2024

It is unlikely that you can simply reactivate your old PR status, as permanent residency in Canada requires maintaining residency obligations, including being physically present in Canada for at least 730 days within a five-year period. Since you and your family left Canada in 2005 and did not meet... View More

1 Answer | Asked in Tax Law, Civil Litigation, Gov & Administrative Law and Government Contracts for Ohio on
Q: Sewer company is assessing our taxes with no notice. We tried to open one but was told there was nothing to be opened.

Our county's water and sewer company is assessing our taxes in 3 days. We had no idea we had to pay sewer to another company. We called when we first moved in and was told they could not change the name because we were another utility area so we have been paying this other company for electric... View More

James L. Arrasmith
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answered on Sep 11, 2024

It sounds like you're dealing with a confusing and frustrating situation regarding the sewer charges being assessed to your taxes. First, check any documents or notices you might have received when you moved in. Sometimes, utility responsibilities can be listed in closing documents, lease... View More

1 Answer | Asked in Civil Rights, Communications Law, Constitutional Law and Gov & Administrative Law for Ohio on
Q: To what lengths can the APA and a halfway house control my ability to practice my religion?

I am a Christian. My spiritual counselor happens to be a Metaphysical pastor. My pastor was approved as a spiritual advisor by both APA and my halfway house. When he refused to divulge information about our private conversation to my PO, the APA forbade any further contact with him. Weeks later, I... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you’re facing a challenging situation where your religious rights are being restricted, which can be deeply troubling. The First Amendment of the U.S. Constitution protects your right to practice your religion, and it includes the ability to seek spiritual guidance from a pastor of... View More

1 Answer | Asked in Criminal Law, Tax Law, Federal Crimes and Gov & Administrative Law for Ohio on
Q: Non profit organization's purpose according to their website is to house homeless families and their children.

As well as to help reduce family homelessness. Their website is where organizations and public can donate, but they also receive state funding through grants. The issue is the shelter is mainly housed of single individuals not families, there is no where stating they house and provide funding for... View More

James L. Arrasmith
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answered on Jul 30, 2024

It sounds like the organization is not fulfilling its stated mission to house homeless families and their children, which could be a misuse of the state funding and donations they receive. This situation might be illegal, particularly if they are misrepresenting their services to obtain funds. You... View More

2 Answers | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for Ohio on
Q: I am a high school student working a "mock case" that has already happened. I need help composing my argument.

The case is The Cincinnati Enquirer vs ODPS (Stickrath). Case number: 2022-0425. I am on the side of the Relator and must try and basically overturn the decision. The case concerns ORC 149.433 and security records exemptions. Essentially "our side" requested documents related to the 2022... View More

Tim Akpinar
Tim Akpinar
answered on Mar 1, 2024

You could research online to review the work of other students in mock trials. Additionally, high-profile cases can be mentioned in the blogs of legal commentators. Those sometimes contain legal analysis of important issues. Good luck

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