Ramsdell v. Ohio Civil Rights Commission

563 N.E.2d 285, 56 Ohio St. 3d 24, 1990 Ohio LEXIS 1511
CourtOhio Supreme Court
DecidedDecember 5, 1990
DocketNo. 89-1438
StatusPublished
Cited by41 cases

This text of 563 N.E.2d 285 (Ramsdell v. Ohio Civil Rights Commission) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ramsdell v. Ohio Civil Rights Commission, 563 N.E.2d 285, 56 Ohio St. 3d 24, 1990 Ohio LEXIS 1511 (Ohio 1990).

Opinion

Alice Robie Resnick, J.

The interpretation of the Ohio Civil Rights Commission’s governing statute and accompanying Administrative Code provisions is at issue in this case. Reading R.C. 4112.06(H) in conjunction with the correlative Administrative Code provisions, the court of appeals found that a petition for judicial review of a commission order must be filed within thirty days of the mailing of the order and that the thirty-day filing period may not be extended by application of the Ohio Rules of Civil Procedure. For the reasons which follow, we affirm the findings of the court of appeals.

Appellant claims that the thirty-day period for filing a petition for judicial review of a commission order is not mandatory. We disagree. R.C. 4112.06(H) provides in relevant part: “If no proceeding to obtain judicial review is instituted by a complainant, [25]*25or respondent within thirty days from the service of order of the commission pursuant to this section, the commission may obtain a decree of the court for the enforcement of such order * * It is conceded that R.C. 4112.06(H) does not literally state that an action must be filed within thirty days of service of a commission order. However, such an interpretation necessarily follows from the practical operation of the statute.

During the thirty days following service of an order, either party is free to file a petition for review and the commission may neither block the action nor take affirmative action of its own. However, once the thirty-day period has passed, the commission is free to obtain judicial enforcement of its order. Consequently, if either party filed a petition for review more than thirty days after service of the order, the commission could simply nullify it by requesting a decree enforcing its order. By the terms of R.C. 4112.06 (H), the commission’s request would be granted and the parties would have no choice but to abide by the order.

Public policy considerations suggest that this interpretation of R.C. 4112.06(H) is correct. As the court of appeals recognized in Gray v. Ohio Civil Rights Comm. (1987), 37 Ohio App. 3d 16, 17, 523 N.E. 2d 338, 339, open-ended statutes of limitation are contrary to public policy. However, if R.C. 4112.06(H) does not impose a mandatory thirty-day time limit on commission appeals, a party seeking to appeal a commission order would be free to file a petition for review at any time. Under such a regime, it is conceivable that the courts would be asked to review commission orders months or even years after their issuance, when the evidence had become stale and the parties had died or disappeared. It is highly improbable that the legislature intended such a result when it enacted the governing legislation for the Civil Rights Commission. Consequently, this court rejects the appellant’s argument that R.C. 4112.06 (H) does not impose a mandatory thirty-day time limit for filing appeals from commission orders.

Having determined that the thirty-day filing period set forth in R.C. 4112.06(H) is mandatory, we must next decide when that thirty-day period begins to run. R.C. 4112.06(H) gives a party “thirty days from the service of order” to file a petition for review. Unfortunately, R.C. 4112.06 (H) does not define the term “service.” Thus, we are required to look outside the provision to determine its meaning.

R.C. 4112.04, which addresses the powers and duties of the Ohio Civil Rights Commission, provides in subsection (A)(4) that the commission shall “[a]dopt, promulgate, amend, and rescind rules to effectuate the provisions of sections 4112.01 to 4112.08 of the Revised Code, and the policies and practices of the commission in connection therewith[.]” Pursuant to this statutory authority, the commission adopted Ohio Adm. Code 4112-1-01 (M), which stated unequivocally that “[s]ervice by mail is complete upon mailing.” (See current Ohio Adm. Code 4112-1-09 for this provision.) Applying this definition of service to R.C. 4112.06(H), a party has thirty days after the mailing of a final order of the commission to file a petition for review with the court of common pleas. In the case at bar, the final order of the commission was mailed on May 31, 1988 and appellant did not file her petition for review until July 1, 1988, more than thirty days after the mailing of the order. Consequently, if the definition of “service” in Ohio Adm. Code 4112-1-01(M) is applied, appellant’s claim is time-barred and was properly dismissed by the trial court.

[26]*26Appellant rejects this analysis, claiming that the definition of “service” in Ohio Adm. Code 4112-1-01(M) is inapplicable to appeals from commission orders. In support of her contention, appellant cites Roadway Express, Inc. v. Ohio Civil Rights Comm. (Aug. 3, 1988), Summit App. No. 13403, unreported. In that case, the court stated that the definition of “service” in Ohio Adm. Code 4112-1-01(M) applies solely to rules promulgated by the commission and cannot be used to explain the use of the term in R.C. Chapter 4112. Instead, the court held, it is necessary to refer to Civ. R. 4.1 to define the term “service.”

We perceive several serious problems with the holding in Roadway Express, supra. First, it ignores the fact that R.C. 4112.04(A)(4) empowers the commission to adopt rules to effectuate R.C. 4112.01 through 4112.08. Pursuant to R.C. 4112.04, the commission has adopted a series of regulations. However, these regulations cannot be read in isolation. By the terms of R.C. 4112.04, the regulations are designed to give meaning both to the policies and to the practices relative to R.C. 4112.01 through 4112.08. Since the term “service” is used but not defined in those provisions, a definition must be supplied in order to “effectuate” them. The commission supplied that definition when it adopted Ohio Adm. Code 4112-1-01(M). Beyond offering a narrow and wooden reading of Ohio Adm. Code 4112-1-01, the Roadway Express court provided no persuasive rationale for not applying the definition of “service” in Ohio Adm. Code 4112-1-01(M) to claims brought pursuant to R.C. 4112.06(H).

The second problem with the holding of the court of appeals in Roadway Express is that the court engaged in judicial legislation by applying Civ. R. 4.1 to appellant’s claim. Civ. R. 4.1(1) states that “[evidenced by return receipt signed by any person, service of any process shall be by certified mail unless otherwise permitted by these rules.” The other two modes of service delineated in Civ. R. 4.1 are personal “service” and residence service. If the commission is required, as appellant contends and as the Roadway Express court held, to abide by the definition of “service” in Civ. R. 4.1, then in every case the commission would be required to send its final order by certified mail. Additionally, the commission could be called upon to deliver notice of the claim in person or at the claimant’s residence if the claimant so requests. This court would have no difficulty placing such a duty on the commission if the commission had not provided its own definition of “service.” Since the commission specifically determined that service by mail would be complete upon mailing, this court will not impose additional regulations upon the commission for the effectuation of service.

We recognize that a requirement that service be delivered by certified mail and declared effective upon receipt would be far more equitable to the parties involved.

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Bluebook (online)
563 N.E.2d 285, 56 Ohio St. 3d 24, 1990 Ohio LEXIS 1511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramsdell-v-ohio-civil-rights-commission-ohio-1990.