State ex rel. Gerardo Luis Figueroa, Relator,
Ohio Department of Commerce, Division of Real Estate & Professional Licensing, Respondent.
Madison & Rosan, LLP, and Walter J. McNamara, IV, for
brief: Dave Yost, Attorney General, and Lydia Arko Zigler,
1} Relator, Gerardo Luis Figueroa, has filed this
original action requesting this court issue a writ of
mandamus ordering respondent Ohio Department of Commerce,
Division of Real Estate & Professional Licensing
("division") to convene an informal mediation
pursuant to R.C. 4735.051(B) in connection with a complaint
against Figueroa filed with the division.
2} Pursuant to Civ.R. 53 and Loc.R. 13(M) of the
Tenth District Court of Appeals, this matter was referred to
a magistrate who considered the action on its merits and
issued a decision, including findings of fact and conclusions
of law, which is appended hereto. The magistrate concluded
Figueroa did not demonstrate that the division has a clear
legal duty to provide an opportunity for informal mediation
pursuant to R.C. 4735.051 in this case, and Figueroa has no
clear legal right to such mediation. Accordingly, the
magistrate recommended this court deny Figueroa's request
for a writ of mandamus.
3} No objections have been filed to the
4} We have found no error in the magistrate's
finding of fact or conclusions of law. However, we modify the
magistrate's decision in one respect. In the
magistrate's "Finding of Fact" No. 8, the
magistrate misstates that "[p]ursuant to R.C.
4735.051(B), requests for informal mediation by both the
complainant and licensee were due ten business days
thereafter * * *." The correct section of the statute to
which the magistrate refers is R.C. 4735.051(A), and we
therefore modify that portion of the sentence of paragraph 8
under "Finding of Fact" No. 8 to state "R.C.
5} Therefore, we adopt the magistrate's decision
as our own, including the findings of fact as modified herein
and the conclusions of law therein, and conclude that
Figueroa failed to demonstrate he had a clear legal right to
an informal mediation pursuant to R.C. 4735.051. In
accordance with the magistrate's decision, the requested
writ of mandamus is denied.
BRUNNER and NELSON, JJ., concur.