Administrative Agency Law Board Certification in Ohio

The Ohio State Bar's board certification in Administrative Agency Law is designed to recognize attorneys who demonstrate a high level of expertise and commitment in this specialized field. Achieving certification requires fulfilling several rigorous requirements that ensure only the most dedicated and knowledgeable professionals are recognized.

Substantial Involvement: Applicants must have practiced law for at least five years, dedicating a minimum of 624 hours annually (30% of a full-time practice) to Administrative Agency Law for the three years preceding the application. Involvement includes responsibilities such as:

• Conducting contested case hearings or judicial reviews.
• Participating in rulemaking proceedings.
• Client counseling on significant legal matters.
• Filing and reviewing agency requests.
• Conducting agency investigations.
• Providing legislative advocacy.
• Serving as an administrative law professor or judge.
• Demonstrating exceptional experience in Administrative Agency Law.

Specialists Who Become Judges: Full-time judges or magistrates cannot claim certification. Certification may resume after their tenure, provided they meet continuing education requirements.

Peer Review/Recommendations: Applicants must submit seven references from individuals familiar with their competence in Administrative Agency Law. At least five references must return completed forms.

Written Examination: Applicants must pass a written exam testing knowledge and skills in Administrative Agency Law, including ethics and professional responsibility. The exam covers federal and state topics and is prepared by an independent testing service.

Certificates of Good Standing & Liability Coverage: Applicants must be in good standing with the Ohio Supreme Court and have professional liability insurance of at least $500,000 per loss or equivalent coverage.

Disciplinary Action: Applicants must disclose any disciplinary actions, malpractice complaints, or felony convictions. Failure to disclose can result in rejection or decertification.

Continuing Legal Education: Applicants must complete 36 hours of CLE in Administrative Agency Law within three years preceding the application and 12 hours every two years thereafter.

These standards were approved by the OSBA Board of Governors and the Supreme Court Commission. Amendments can be made by the Specialty Board with approval from the OSBA and the Commission.

For eligible attorneys, the application process involves completing necessary forms and undergoing evaluations to demonstrate expertise and competence. The application process proceeds as follows:

1. Application Form:

   • Complete the OSBA-approved application form, providing detailed information about professional background and experience in Administrative Agency Law.

2. Peer Review and Recommendations:

   • Submit names of seven references familiar with the applicant's competence in Administrative Agency Law.
   • At least five completed reference forms must be returned to the OSBA. References should come from certified attorneys, judges, magistrates, or attorneys who meet the substantial involvement requirement.

3. Written Examination:

   • Applicants must pass a written exam testing knowledge and skills in Administrative Agency Law, including federal and state topics, professional responsibility, and ethics.

4. Certificates of Good Standing and Liability Coverage:

   • Provide evidence of good standing with the Ohio Supreme Court and proof of professional liability insurance.

5. Disclosure of Disciplinary Actions:

   • Disclose any disciplinary actions, malpractice complaints, or felony convictions. Failure to disclose such information can result in rejection or decertification.

Fees

1. Application Fee:

   • OSBA members: $250
   • Non-members: $300

2. Exam Fee:

   • OSBA members: $225
   • Non-members: $275

3. Annual Reporting Fee:

   • OSBA members: $125
   • Non-members: $175

4. Re-certification Fee:

   • OSBA members: $200
   • Non-members: $250

Appeals Procedure

1. Notice of Action:

   • Applicants denied certification will be notified by registered or certified mail, outlining the reasons for the decision.

2. Reconsideration:

   • Submit a request for reconsideration with additional information within 30 days of receiving the notice.

3. Independent Review Panel:

   • If reconsideration is denied, appeal to an Independent Review Panel appointed by the OSBA Specialization Committee. The panel's decision is final.

Certified attorneys have a duty to submit an annual report and an annual fee. Non-compliance may result in decertification. Certified attorneys must:

• Annually report any material changes in their certification information and complete 12 hours of CLE every two years.
• Submit an affidavit or form confirming these details between October 1 and December 1 each year.

Otherwise, certification lasts six years and attorneys must apply for recertification in the year preceding expiration, meeting the same criteria as initial certification, except for the written exam. Exemptions may be granted for severe, prolonged illness or disability.