An Ohio licensee's actions are the subject of both a criminal investigation and an administrative complaint to the Division. The criminal case results in an acquittal. Under Ohio law, what happens to the administrative complaint?
Correct Answer
D) The administrative proceeding may continue independently because administrative and criminal proceedings have different standards of proof
Administrative proceedings and criminal proceedings are independent processes with different standards of proof. Criminal cases require proof 'beyond a reasonable doubt,' while administrative proceedings use a 'preponderance of evidence' standard. A criminal acquittal does not preclude administrative discipline because the conduct may still violate licensing law even if it does not rise to criminal liability.
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