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Mankins v. Paxton3/20/2001
s work requirements, and to develop marketable skills.
(2) That many minor heads of household and adults participating in the program need to complete high school or receive training for an occupation in order to qualify for employment.
In addition, there are sufficient practical standards to which the administrative body must conform. For example, as to the specific issue presented, R.C. 5107.26 states:
(C) No assistance group member shall lose or be denied eligibility to participate in Ohio works first pursuant to division (B) of this section if * the county department of job and family services certifies that the member * terminated the employment with just cause.
Just cause includes the following:
(3) Employment that has become unsuitable due to any of the following:
*
(d) The member * is physically or mentally unfit to perform the employment, as documented by medical evidence or by reliable information from other sources.
Further, the legislature has established a procedure whereby the departments' discretion can be reviewed effectively by way of the administrative review process and through the court system pursuant to R.C. 5101.35.
Given all of the above, there has been no unconstitutional delegation of legislative authority to the department or county departments and, therefore, H.B. No. 408 has not violated the separation of powers doctrine.
Appellant also contends H.B. No. 408 violates the due course of law provision. The "due course of law" provision of the Ohio Constitution is the equivalent of the due process of law provision found in the Fourteenth Amendment to the United States Constitution. Sorrell v. Thevenir (1994), 69 Ohio St.3d 415, 422. As discussed previously, appellant has not stated a claim under the Due Process Clause of the Fourteenth Amendment.
Given all of the above, appellant has failed to state a claim under her seventh claim for relief, and the trial court properly dismissed such claim.
Appellant's ninth claim for relief was not asserted against the state defendants.
In summary, the complaint failed to state a claim against the state defendant(s) as to the first, second, third, seventh and eighth claims for relief, and such claims were properly dismissed on such grounds. The complaint did state a claim against the state defendant(s) as to the fourth and fifth claims for relief (claims under the ADA and the Rehabilitation Act of 1973, respectively), and the trial court erred in dismissing such claims. Accordingly, appellant's assignment of error is sustained in part and overruled in part. We note that because the trial court erred in concluding it was without subject-matter jurisdiction over all of the claims, each claim for relief still exists against the county defendants.
Appellant's assignment of error is sustained in part and overruled in part. The judgment of the Franklin County Court of Common Pleas is reversed in part and affirmed in part, and this cause is remanded to such court to conduct further appropriate proceedings.
Judgment affirmed in part and reversed in part; cause remanded.
DESHLER and LAZARUS, JJ., concur.
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