Judicial Thunder Out of Ohio: Wall Street Journal
Judges across the country are rethinking their deference to regulators who stretch the law, and the latest example is thunder out of the Ohio Supreme Court. The Dec. 29 decision deserves more notice as a powerful statement of judicial principles in dealing with an unrestrained bureaucracy.
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.
TWISM Enterprises v. State Board of Registration
Opinion: https://www.supremecourt.ohio.gov/ro...-Ohio-4677.pdf