In the case of State ex rel. Fair Hous. Opportunities of Northwest Ohio v. Ohio Fair Plan, 2022-Ohio-385, the Ohio Tenth District Court of Appeals granted a petition for a writ of mandamus to compel the Ohio Fair Plan Underwriting Association (“OFP”) to respond to a public records request.
Here, the OFP argued that it was not a public office for purposes of the Public Records Act.
The Court disagreed and reasoned that the OFP was a public office because the OFP and its board of governors, as well as its purpose and operation, were specifically established by the Ohio General Assembly through the enactment of R.C. 3929.41 through 3929.49. In addition, R.C. 3929.47 specifically provides for an administrative appeals process for any decision made by the OFP. Finally, the Court noted that R.C. 3929.48 specifically excludes certain records of the OFP from being public documents, thereby, establishing that all other documents are public.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.