It must be accompanied by a statement from the chief legal officer that they have reviewed the resolution, and in their opinion it is based on substantial legal grounds. They should express objections to their legislative authority since governments have an obligation to consider the concerns of their constituents. Hearings are held in Columbus unless the objecting party requests that the hearing be held in the county seat of the proposed permit business location. A Division attorney serves as the hearing officer and conducts the hearing and forwards a report with recommendation to the Superintendent of the Division. The Superintendent makes the final decision to sustain or overrule the objection based on points of law.
Public institutions have no right to appeal the decision.
Evidence must be pertinent to the advisability of granting or renewing the permit. Speculative testimony not supported by sufficient evidence is of little use because Ohio courts have ruled such testimony is insufficient reason not to allow a business to operate. Although the safety and welfare of Ohio citizens are first priority, the Division is guided by statutes, rules and legal cases in determining whether to overrule or sustain an objection. However, the same number of establishments resulting in saturation in a residential area may not result in saturation in a commercial area. Because each case is unique, presentation of such evidence may result in the denial of a permit, but does not guarantee it.