Powers & Duties of SPBR

6. Reconsideration of Decision

Bispeck v. Trumbull County (1988), 37 Ohio St.3d 26. Given the state personnel board of review's broad powers of review and its rules that allow it to act independently of its ALJs, the Board may legally act to reconsider or reopen one of its decisions so long as such action is taken within a reasonable time.

Hal Artz Lincoln-Mercury, Inc. v. Ford Motor Company (1986), 28 Ohio St.3d 20. Generally, administrative agencies have inherent authority to reconsider their own decisions since the power to decide in the first instance carries with it the power to reconsider; the agencies retain jurisdiction to set aside or otherwise reconsider their decisions until the actual institution of a court appeal or expiration of the time for appeal.

Hal Artz Lincoln-Mercury, Inc. v. Ford Motor Company (1986), 28 Ohio St.3d 20. Application for rehearing or reconsideration of an administrative ruling is not itself a new proceeding but it merely another step in the proceeding in which the initial determination was made.

Hal Artz Lincoln-Mercury, Inc. v. Ford Motor Company (1986), 28 Ohio St.3d 20. Absent contrary legislative intent, reconsidered administrative decisions are timely so long as the administrative action is conducted within a short and reasonable time period.

State, ex rel. Borsuk v. Cleveland (1972), 28 Ohio St.2d 224. An administrative board or agency, including a municipal civil service commission, has jurisdiction to reconsider its decisions until the actual institution of a court appeal therefrom or until expiration of the time for appeal, in the absence of specific statutory limitation to the contrary.

Diltz v. Crouch (1962), 173 Ohio St. 367. Absent specific statutory limitation, boards or administrative agencies have jurisdiction to reconsider their decisions until the actual institution of a court appeal or the expiration of the time for appeal.

Pekou Corporation v. Liquor Control Commission (Aug. 7, 1990), Franklin App. No. 90AP-147, unreported, 1990 WL 113562. If an administrative agency has jurisdiction to issue a reconsidered order, the time for either party to appeal starts running from the date of the order denying or affirming reconsideration. View Court of Appeals Decision