Orth v. Ohio Dept. of Edn.
2014 Ohio 5353
Ohio Ct. App.2014Background
- Orth v. Ohio Dept. of Edn., 2014-Ohio-5353; Board suspended Orth’s license.
- Remand after Orth I reversed Board’s prior permanent revocation.
- On remand, Board approved new findings and a report recommending discipline or revocation with limits.
- Hearing officer recommended either permanent revocation or revocation with reapplication ban on special education.
- Board suspended Orth’s license from November 6, 2009 through March 12, 2013; trial court affirmed.
- This appeal challenges whether the Board’s remand resolution complied with Orth I and was supported by substantial evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board’s resolution complied with Orth I guidance | Orth contends the Board failed to apply Orth I’s framework | ODE argues Board used reasonable, deference-worthy standards under Licensure Code and Admin Code | Yes; Board’s interpretation was reasonable and deferable |
| Whether Board’s findings and evidence supported the resolution | Orth claims some findings contravene Orth I | Board’s findings, though expansive, are harmless and consistent with remand | Yes; findings supported by reliable, probative, substantial evidence and in accordance with law |
Key Cases Cited
- Bernard v. Unemp. Comp. Rev. Comm., 136 Ohio St.3d 264 (2013-Ohio-3121) (deference to agency interpretation when reasonable)
- Minges v. Ohio Dept. of Agriculture, 10th Dist. No. 12AP-738 (2013-Ohio-1808) (agency expertise; deference favored if reasonable)
- Frisch's Restaurants, Inc. v. Conrad, 170 Ohio App.3d 578 (2007-Ohio-545) (administrative deferential review; reasonableness of interpretation)
- State ex rel. Gill v. School Emps. Retirement Sys. of Ohio, 121 Ohio St.3d 567 (2009-Ohio-1358) (deference to agency statutory interpretation; limits)