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COTTERMAN v. OHIO DEPT. OF PUB. WELFARE

No. 86-385.

28 Ohio St. 3d 256 (1986)

COTTERMAN, APPELLANT, v. OHIO DEPARTMENT OF PUBLIC WELFARE, APPELLEE.

Supreme Court of Ohio.

Decided December 26, 1986.

Attorney(s) appearing for the Case

Wristen & Ucker Co., L.P.A., David A. Ucker and Ellen L. Wristen, for appellant.

Anthony J. Celebrezze, Jr., attorney general, Sheila P. Cooley and Johnnie DeWilde, for appellee.

LOCHER, J.

The issue presented for review is whether the presumption set forth by Ohio Adm. Code 5101:3-50-22(C) may be rebutted as to all sample cases based upon the successful rebuttal of a number of sample cases. For the reasons to follow, we reject appellant's arguments and hold that the presumption found in Ohio Adm. Code 5101:3-50-22(C) applies separately to each sample case contained in a valid report of examination.

Appellant contends that Ohio Adm...

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