Twism Ents., L.L.C. v. State Bd. Registration for Professional Engineers & Surveyors

Citations

• 2021 Ohio 3665

Syllabus

APPELLATE REVIEW/ADMINISTRATIVE – STATUTORY INTERPRETATION – R.C. 4733.16 – Ohio Adm.Code 4733-3-02(B): The trial court erred in failing to defer to defendant administrative agency's decision construing R.C. 4733.16 and Ohio Adm.Code 4733-3-02(B) where the statute and the rule were ambiguous and the agency's construction was reasonable. The trial court erred in reversing defendant administrative agency's denial of plaintiff's application for a certificate of authorization to provide professional engineering services where the agency's denial was based upon its reasonable interpretation of the applicable ambiguous statute and administrative regulation: the agency's determination that a \full-time manager\ under R.C. 4733.16 must be directly employed by the firm versus an independent contractor was a reasonable interpretation of the statute.