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The appellate court reversed the trial court's judgment in favor of Twism, reinstating the Board's denial of Twism's Certificate of Authorization application on the grounds that the statute unambiguously requires the responsible engineer to be a full-time employee, not an independent contractor.
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.
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