The Supreme Court of Ohio today rejected the view that state courts must defer to an administrative agency’s interpretation of the law.
In a decision written by Justice R. Patrick DeWine, the Supreme Court made clear that the so-called “Chevron deference,” which is a doctrine used in the federal courts, has no place in Ohio law. The judiciary must always apply its own independent judgment when interpreting the law. Chevron deference stems from the U.S. Supreme Court’s 1984 decision in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc.
In a case dealing with the licensing of engineering firms, the Supreme Court of Ohio clarified its position on whether courts should defer to interpretations of law made by executive branch agencies, which has been debated recently in the U.S. Supreme Court and several state supreme courts.
Today’s decision reversed a First District Court of Appeals ruling that denied TWISM Enterprises a certificate of authorization to provide engineering services because the company sought to name an independent contractor as its full-time manager. The First District held it must defer to the Ohio Board of Registration for Professional Engineers and Surveyors, which found the state law on certification required the manager to be a full-time employee of a firm.
“We reaffirm today that it is the role of the judiciary, not administrative agencies, to make the ultimate determination about what the law means,” the Court announced. “Thus, the...
South Africa’s Ambassador to the United States, Roelf Meyer, has rejected claims of a so-called “white genocide”, describing the narrative as false and driven by a small group seeking to influence...