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

Ohio Ct. App.October 13, 2021No. C-200411, C-210125Cited 3 times
Defendant WinState Board of Registration for Professional Engineers and Surveyors
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Case Details

Judge(s)
Bock
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

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.

Excerpt

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.

What This Ruling Means

# Twism Enterprises v. Ohio Professional Engineers Board ## What Happened Twism Enterprises applied for a Certificate of Authorization to provide professional engineering services in Ohio. The state licensing board denied the application because Twism wanted to use an independent contractor as its responsible engineer, rather than hiring a full-time employee. Twism took the board to court, arguing the denial was wrong. ## What the Court Decided The appellate court sided with the licensing board. The court determined that Ohio law requires the responsible engineer to be a full-time employee—not an independent contractor. The court also ruled that the trial judge should have given more weight to the board's interpretation of the law. ## Why This Matters for Workers This ruling protects full-time employment in licensed professional fields. It prevents companies from hiring independent contractors for critical oversight roles when state regulations require dedicated employees. This decision ensures that professional engineering services maintain consistent, accountable supervision and supports stable employment relationships in regulated industries.

This summary was generated to explain the ruling in plain English and is not legal advice.

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