TWISM Ents., L.L.C. v. State Bd. of Registration for Professional Engineers & Surveyors
Case Details
- Judge(s)
- DeWine, J.
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- Appeal from Court of Appeals; reversed and remanded
Related Laws
No specific laws identified for this ruling.
Outcome
Court reversed the Court of Appeals' decision that had applied mandatory deference to the administrative agency's interpretation of R.C. 4733.16(D), holding that judicial deference to administrative agencies in Ohio is permissive rather than mandatory and may only occur when a statutory term is ambiguous. The case was remanded regarding whether a start-up engineering firm's designation of an independent contractor as its full-time manager satisfies statutory requirements.
Excerpt
Statutory interpretation—Judicial deference to administrative agencies—Start-up firm seeking certificate of authorization to provide engineering services satisfied R.C. 4733.16(D) by designating independent contractor as its full-time manager—R.C. 4733.16(D) does not preclude an independent contractor from serving as a full-time manager of an engineering firm— In Ohio, judicial deference to administrative agencies is permissive rather than mandatory and may occur only when a statutory term is ambiguous—Court of appeals' judgment after applying mandatory deference to agency's interpretation of statute reversed and cause remanded.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
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