from the Franklin County Court of Common Pleas C.P.C. No.
W. Epstein, for appellant.
Michael DeWine, Attorney General, Allan K. Showalter, and Amy
R. Goldstein, for appellee.
1} Busy Bee Nursery and Preschool, Inc.,
plaintiff-appellant, appeals from a judgment of the Franklin
County Court of Common Pleas in which the trial court granted
the motion to dismiss filed by the Ohio Department of Job and
Family Services ("ODJFS"), defendant-appellee.
2} Appellant is a licensed child day care provider
that contracted with ODJFS to provide publicly funded child
care pursuant to R.C. 5104.32. On March 9, 2015, ODJFS issued
a notice of overpayment to appellant informing it that ODJFS
had overpaid appellant $36, 742.90 from September 2013 to
September 2014. The letter indicated appellant had 15 days to
request reconsideration, but appellant's counsel
requested and received an extension until April 24, 2015. On
April 24, 2015, appellant requested reconsideration and
provided documentation to support its contention that
ODJFS's calculations were inaccurate.
3} On June 10, 2015, ODJFS denied appellant's
reconsideration. ODJFS began collection of the overpayment on
June 22, 2015, by withholding appellant's weekly
earnings. ODJFS subsequently agreed to cease collection of
the overpayment pending the outcome of this litigation.
4} On July 10, 2015, appellant filed a complaint,
seeking a temporary restraining order, preliminary and
permanent injunctive relief, declaratory relief, and damages.
Appellant contended ODJFS did not afford it fair and equal
treatment when it failed to properly review its ...