Lipscomb v. London Correctional Institute (1994), 96 Ohio App.3d 245, cert denied 71 Ohio St.3d 1436. Generally, where an appeal is taken pursuant to R.C. 119.12, the responsibility for preparing and filing the record, including a transcript of evidence, falls upon the agency, and the sanction for failure of the agency to comply and file the record with the common pleas court is essentially an automatic reversal of the agency's order.

Arlow v. Rehabiliation Services Commission (1986), 24 Ohio St.3d 153. Under R.C. 119.12 where a record has been timely submitted to a court of common pleas, albeit with an unintentionally erroneous or omitted case number, in the absence of prejudice to the party appealing the administrative action, such submission shall not constitute a failure of certification.

Jenneman v. Ohio State Board of Chiropractic Examiners (1985), 21 Ohio App.3d 225. Under R.C. 119.12, if an administrative agency, in an appeal to common pleas court, fails to file any record whatsoever within the thirty-day period, the common pleas court must, upon motion, enter a finding in favor of the party adversely affected; if the administrative record is timely filed but is not complete because parts of it are missing, then the appellant must show that he or she was prejudiced by the omission.

Jenneman v. Ohio State Board of Chiropractic Examiners (1985), 21 Ohio App.3d 225. In an appeal to a common pleas court under R.C. 119.12, a "finding in favor of the party adversely affected" for failure of the agency to certify a complete record within the time allowed constitutes a finding on procedural grounds and is not a disposition of the merits of the appeal.

Luther v. Bureau of Employment Services (1984), 14 Ohio App.3d 267. Where an appeal from an order of an administrative agency has been duly made to a court of common pleas pursuant to R.C. 119.12 and the agency has not certified a complete record of the proceedings to the court, the court must, upon motion of the appellant, enter a finding in favor of the appellant and render a judgment for the appellant.

Luther v. Bureau of Employment Services (1984), 14 Ohio App.3d 267. A trial court errs when it grants an administrative agency's motion for relief from judgment when the agency failed to comply with the mandatory requirements of preparing and certifying to a court of common pleas a complete record of the proceedings from an order of an administrative agency.

Hayes v. Montgomery County Clerk of Courts (June 26, 1991), Montgomery App. No. 12479, unreported, 1991 WL 116656. Where the record filed by an administrative agency is incomplete, with critical documents missing, a finding by the reviewing court that the order is supported by reliable, probative and substantial evidence, is against the manifest weight of the evidence; a common pleas court has the authority to remand a case to an administrative agency for the purpose of taking corrective action to complete the record. View Court of Appeals Decision | View Common Pleas Decision

Fowler v. Fairfield County District Board of Health (Jan. 25, 1996), Franklin Co., No. 95CVF11-911, unreported. Although the state personnel board of review can set deposit schedules for transcripts, the court of common pleas may examine particular cases for their just application and, when appropriate, limit the amount of the deposit. View Common Pleas Decision

Hill v. Correctional Reception Center (Aug. 12, 1993), Franklin Co., No. 93CVF-01-574, unreported. A deposit from appellant for a transcript from the hearing before the state personnel board of review is a prerequisite to the board's responsibility to prepare the transcript; where no deposit has been made, the board has no duty to prepare and forward the transcript, nor can the court rule against the board for failure to prepare the record. View Common Pleas Decision