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Busy Bee Nursery And Preschool, Inc. v. Ohio Department of Job And Family Services

Court of Appeals of Ohio, Tenth District

March 29, 2018

Busy Bee Nursery and Preschool, Inc., Plaintiff-Appellant,
v.
Ohio Department of Job and Family Services, Defendant-Appellee.

          APPEAL from the Franklin County Court of Common Pleas C.P.C. No. 15CV-5880

         On brief:

          Barry W. Epstein, for appellant.

         Argued:

          Barry W. Epstein.

         On brief:

          Michael DeWine, Attorney General, Allan K. Showalter, and Amy R. Goldstein, for appellee.

         Argued:

          Amy R. Goldstein.

          DECISION

          BROWN, P.J.

         {¶ 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 ...


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