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Ohio Gov & Administrative Law Questions & Answers
1 Answer | Asked in Civil Litigation, Real Estate Law and Gov & Administrative Law for Ohio on
Q: Can I sue my town for damage caused by new water meter installation?

I live in a town that recently installed new water meters without resident input. After the installation, my underground water line cracked, resulting in a continuous leak of 2-3 gallons of water every hour, and the estimated repair cost is $4,000. A plumber suggested the crack was due to excessive... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Mar 13, 2025

The issue is one of sovereign immunity. Ohio Revised Code 2744.02 says that political subdivisions are liable for negligence of their employees in caring out governmental proprietary functions. The political subdivision is immune from liability in caring out its governmental functions. I would... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Gov & Administrative Law for Ohio on
Q: Can unofficial agent demand rent and threaten eviction?

I have lived in my home in Ohio for 2.5 years without a formal lease. Recently, a woman claiming to have power of attorney for my landlord, and identifying herself as his niece, demanded rent payment and threatened eviction if I don't provide proof of payment to her. She has not shown any... View More

Joseph Jaap
Joseph Jaap
answered on Mar 3, 2025

Without a written lease, a tenant is a month-to-month tenant whose tenancy can be terminated by giving a 30 day written notice. If the tenant does not leave, then the landlord can file an eviction action. A person can execute a power of attorney (POA) to appoint an agent who can take legal... View More

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 Civil Rights, Employment Law, Gov & Administrative Law and Internet Law for Ohio on
Q: Harassment via unauthorized RFID, phone hacking, tampering of vehicle and home systems, law enforcement refusal.

I've been experiencing severe harassment, including unauthorized RFID implantation, constant stalking, threats, and several invasions of privacy. Law enforcement has refused to take my reports, and my vehicle has been tampered with to affect its operability. My phone has been hacked to... View More

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answered on Mar 24, 2025

I understand how distressing and isolating these experiences must be for you. When facing situations where you feel your safety and privacy are compromised, documenting everything is crucial. Keep detailed records of all incidents with dates, times, and descriptions, and if possible, gather any... View More

1 Answer | Asked in Constitutional Law, Criminal Law and Gov & Administrative Law for Ohio on
Q: Can police order me out of my home in Ohio without a warrant?

My husband called the police stating that I was breaking our property. Under Ohio law, are the police allowed to order me to exit my residence to arrest me without a warrant in this situation? They accused me of causing damage but did not present a warrant when they ordered me out of the house.

James L. Arrasmith
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answered on Mar 24, 2025

In your difficult situation with police ordering you out of your home after your husband reported property damage, you should know that Ohio law gives police significant authority in domestic situations. Police do not need a warrant to make arrests in domestic violence disputes in Ohio. This... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Ohio on
Q: Can citizens sue to remove a president under Article 14, Section 3?

I am concerned about the legitimacy of a president who was impeached by Congress in 2021 for 'incitement of an insurrection,' as well as the decision by the Colorado Supreme Court, based on Article 14, Section 3 of the U.S. Constitution. Given that Article 14, Section 3 disqualifies... View More

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answered on Mar 23, 2025

You face a complex constitutional question about citizen lawsuits to remove a president under the 14th Amendment. While citizens don't have a direct mechanism to remove a sitting president through Article 14, Section 3 litigation, there are several important legal pathways to consider.... View More

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