Redman v. Ohio Department of Industrial Relations

662 N.E.2d 352, 75 Ohio St. 3d 399
CourtOhio Supreme Court
DecidedApril 10, 1996
DocketNo. 94-2284
StatusPublished
Cited by20 cases

This text of 662 N.E.2d 352 (Redman v. Ohio Department of Industrial Relations) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Redman v. Ohio Department of Industrial Relations, 662 N.E.2d 352, 75 Ohio St. 3d 399 (Ohio 1996).

Opinion

Alice Robie Resnick, J.

The primary issue in this case is whether R.C. 1509.08 unlawfully delegates legislative authority to the Chief of ODM.

Section 36, Article II of the Ohio Constitution provides that laws may be passed “to provide for the regulation of methods of mining, weighing, measuring and marketing coal, oil, gas and all other minerals.” Pursuant to this authority, and pursuant to the police power of the state to control and conserve the natural resources of Ohio, see, e.g., State v. Martin (1958), 168 Ohio St. 37, 40-41, 5 O.O.2d 293, 295, 151 N.E.2d 7, 10-11, the General Assembly has enacted a number of statutes regulating the production of coal, oil and gas, including R.C. Chapter 1509.

R.C. 1509.05 provides in part that “[n]o person shall drill a new well * * * without having a permit to do so issued by the Chief of the division of oil and gas.” However, under R.C. 1509.08, when a proposed well is determined by the Chief of ODOG to be located in a coal-bearing township, the decision whether to grant the permit is essentially transferred to the Chief of ODM.

Pursuant to R.C. 1509.08, the Chief of ODOG, upon determining that the proposed well is to be located in a coal-bearing township, must transmit copies of the permit application to the Chief of ODM. The Chief of ODM must then notify the owner or lessee of any “affected mine” that the application has been filed. If the owner or lessee timely objects, and “if in the opinion of the chief [of ODM] the objection is well founded, he shall disapprove the application.” The applicant may then “appeal the disapproval of the application by the chief of the division of mines to the mine examining board created under section 4151.14 of the Revised Code.”3

Redman contends that R.C. 1509.08 is unconstitutional on its face because it “fails to provide any definition of the term ‘affected mine’ and further fails to provide any guidelines as to what constitutes a ‘well founded’ objection.”4

For over a century, the court has adhered to the principle that the General Assembly cannot delegate its essential legislative power to administrative bodies or officers. Blue Cross of Northeast Ohio v. Ratchford (1980), 64 Ohio St.2d 256, [404]*404259, 18 O.O.3d 450, 452, 416 N.E.2d 614, 617; Belden v. Union Cent. Life Ins. Co. (1944), 143 Ohio St. 329, 28 O.O. 295, 55 N.E.2d 629, paragraph one of the syllabus; Matz v. J.L. Curtis Cartage Co. (1937), 132 Ohio St. 271, 8 O.O. 41, 7 N.E.2d 220, paragraph six of the syllabus; Cincinnati, Wilmington & Zanesville RR. Co. v. Commrs. of Clinton Cty. (1852), 1 Ohio St. 77, 88.

The basic purpose of the nondelegation doctrine is to control unbridled agency discretion. See Matz, supra, 132 Ohio St. at 280-281, 8 O.O. at 45, 7 N.E.2d at 225. However, over the years the court has become increasingly concerned that a rigid application of the nondelegation doctrine would unduly hamstring the administration of the laws. We have, therefore, developed a number of distinctions and exceptions in an effort to balance the need for protection from uncontrolled agency discretion and the administrative flexibility necessary to allow the government to operate efficiently and effectively.

Initially, the court distinguished between the delegation of legislative power, i.e., the power to make the law, and the delegation of administrative power, i.e., the power to execute the law. Cincinnati, Wilmington & Zanesville RR. Co., supra, 1 Ohio St. at 88.5

In Belden, supra, 143 Ohio St. at 343, 28 O.O. at 301, 55 N.E.2d at 636, the court explained as follows:

“It must be conceded that the legislative body cannot deal with each specific case and therefore legislative action in the main must be general in character, which is the basis for the rule that it is no violation of the constitutional inhibition against the delegation of legislative power for the General Assembly to establish a policy and fix the standards for guidance of administrative agencies, while leaving to them the making of subordinate rules within those fixed standards, and the determination of facts to which the legislative policy applies.”

We recognized, however, that there are times when the delineation of specific standards would not be necessary to sustain the legislation under attack. In Yee Bow v. Cleveland (1919), 99 Ohio St. 269, 124 N.E. 132, paragraph three of the syllabus, the court held that:

“An ordinance imposing on an administrative officer, as a prerequisite to the issuance of a license, the duties of ascertaining whether sanitary and drainage arrangements are sufficient to protect the public health and whether ‘adequate ventilation’ and ‘adequate plumbing and drainage facilities’ are provided on the [405]*405premises, does not confer arbitrary legislative or judicial powers upon such officer in a constitutional sense. If his conduct should prove to be arbitrary or palpably unwarranted, resort may be had to the courts.”

In so holding, the court explained that:

“It is exceedingly doubtful whether a fixed standard could be adopted by the city in its regulation of those features. What would prove to be sufficient and adequate in one public laundry might be entirely insufficient and inadequate in another. And any attempt to provide by law for the multitudinous details defining what would be sufficient and adequate measures of regulation, applicable to each and every laundry falling within the class mentioned, would seriously tax legislative ingenuity.” Id., 99 Ohio St. at 274, 124 N.E. at 133.

Similarly, in State ex rel. Moock v. Cincinnati (1929), 120 Ohio St. 500, 505-506, 166 N.E. 583, 585, the court found that “[i]t is obvious that the city cannot, by ordinance, prescribe all the terms and conditions under which a permit shall be granted for the collection and removal of garbage. The fact that the ordinance did not prescribe the conditions and terms under which a permit should be granted, but left their determination to the city manager, did not confer legislative power upon him in a constitutional sense.”

This reasoning formed the basis for the impracticability exception set forth as follows in Matz, supra, at paragraph seven of the syllabus:

“As a general rule a law which confers discretion on an executive officer or board without establishing any standards for guidance is a delegation of legislative power and unconstitutional; but when the discretion to be exercised relates to a police regulation for the protection of the public morals, health, safety or general welfare, and it is impossible or impracticable to provide such standards, and to do so would defeat the legislative object sought to be accomplished, legislation conferring such discretion may be valid and constitutional without such restrictions and limitations.”

This holding in Matz has served as the basis upon which a wide variety of legislative enactments have been upheld as valid delegations of authority. Blue Cross of Northwest Ohio v. Jump

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mack v. Toledo
2019 Ohio 5427 (Ohio Court of Appeals, 2019)
Paczewski v. Antero Resources Corp.
2019 Ohio 2641 (Ohio Court of Appeals, 2019)
M & T Bank v. McCrae
2019 Ohio 938 (Ohio Court of Appeals, 2019)
Murray Energy Corp. v. Div. of Mineral Resources Mgt.
2013 Ohio 4162 (Ohio Court of Appeals, 2013)
Klein v. Howard, Wershbale Co., Unpublished Decision (4-22-2004)
2004 Ohio 2010 (Ohio Court of Appeals, 2004)
Bailey v. Carter
15 F. App'x 245 (Sixth Circuit, 2001)
Chambers v. St. Mary's School
1998 Ohio 184 (Ohio Supreme Court, 1998)
Whitaker v. Kear
681 N.E.2d 973 (Ohio Court of Appeals, 1996)
Redman v. Ohio Dept. of Indus. Relations
1996 Ohio 196 (Ohio Supreme Court, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
662 N.E.2d 352, 75 Ohio St. 3d 399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/redman-v-ohio-department-of-industrial-relations-ohio-1996.