Ohio Code 2131.036 – Court requirements upon receiving a challenge to a determination
A court shall do one of the following regarding an action or motion under section 2131.035 of the Revised Code:
Terms Used In Ohio Code 2131.036
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
(A) Affirm the modifications or supportive services required under section 2131.033 of the Revised Code or limitation or denial under section 2131.034 of the Revised Code and make specific written findings of fact and conclusions of law providing the basis for its decision as to why reasonable modifications or supportive services are necessary in order to conduct the activity or exercise the authority in question or insufficient to alleviate any concerns. With regard to a motion to challenge a court determination, the court shall consider, and address in its decision, any new arguments or evidence provided with the motion.
(B) Rescind the modifications or supportive services or limitation or denial and grant the person the right to conduct activities or exercise authority described in section 2131.031 of the Revised Code, with or without reasonable modifications or support services.
Last updated March 3, 2023 at 4:32 PM