Vince v. Ohio Board of Examiners of Architects

654 N.E.2d 191, 71 Ohio Misc. 2d 22, 1994 Ohio Misc. LEXIS 81
CourtPortage County Court of Common Pleas
DecidedDecember 6, 1994
DocketNo. 94 CV 0493
StatusPublished

This text of 654 N.E.2d 191 (Vince v. Ohio Board of Examiners of Architects) is published on Counsel Stack Legal Research, covering Portage County Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vince v. Ohio Board of Examiners of Architects, 654 N.E.2d 191, 71 Ohio Misc. 2d 22, 1994 Ohio Misc. LEXIS 81 (Ohio Super. Ct. 1994).

Opinion

GeoRGE E. MaRtin, Judge.

This matter is before the court upon an appeal by Timothy P. Vince, plaintiff-appellant, from the decision of the Ohio Board of Examiners of Architects, defendant-appellee (“Board”), denying appellant’s appeal from a determination of the Director, Ohio Board of Examiners of Architects (“Director”), refusing appellant the opportunity to take the architect registration examination for certification as an architect.

I. Record on Appeal and Issues Presented

The transcript of proceedings before the Board reveals that appellant made application to the Board in October 1993, to be approved to take the architect registration examination for certification as a professional architect. He was aware that the admission standards were going to change on January 1, 1994. The Director evaluated appellant’s application to sit for the examination and determined that it lacked documentation of the necessary educational requirements. Appellant’s application was denied. Appellant then filed an appeal with the Board asking it to reevaluate his work experience and education, for which he believed he did not receive sufficient credit.

At the hearing on appellant’s appeal the Director testified that he had reviewed appellant’s application and scored it for the purpose of ascertaining if it was sufficient to meet the educational credit of five points and the experience credit of three points. He testified that his review was guided by Ohio Adm.Code 4703-1-08 and 4703-1-09.

Each application to sit for the examination is reviewed based upon a complicated formula involving education and experience. The applicant must achieve at least five total educational credits to be eligible to sit for the examination. However, related work experience can be credited as educational credit.

In reviewing appellant’s application, the Director completed an “Evaluation of Record” form detailing the credits approved for appellant. In applying the standards in affect prior to January 1, 1994, appellant was credited with 2.76 points out of the five which were necessary to be eligible to take the examination. The Director concluded that appellant did not qualify to take the examination. [25]*25When the Director applied the new standards which were effective January 1, 1994, which would require a professional degree and internship, appellant similarly did not meet the minimum qualifications. The Director then notified appellant in -writing of the decision and his right to appeal.

Appellant requested a hearing before the Board. At hearing appellant questioned the Director as to why he had not been granted credit for his work with Isaac A. Lewin, a professional engineer, Roger M. Nall of Nall & Associates, a civil engineering firm, L. Judd Douglas, a registered architect, and Geis Construction Company, where appellant worked under the direct supervision of James F. Murfin, a registered architect, though not directly employed by him. The Director responded that in order for educational credit to given for work experience, work must be performed for a registered architect while employed by an architectural firm. As to appellant’s work with Douglas, the Director commented that the application amounted only to an employment reference and contained insufficient documentation substantiating the duration and type of employment as required by the rules.

The Board questioned whether appellant was allowed the appropriate credits for his education, which apparently did not include three college credit hours for a course taken at Cleveland State University. With these credits, appellant’s educational credit should have totaled one hundred nine rather than one hundred six for which he was credited by the Director. Upon questioning by the Board, the Director responded that he apparently overlooked the documentation in the file verifying the additional three credit hours.

Based upon the evidence presented, the Board determined that appellant did not possess the educational qualifications required to sit for the architect examination, affirming the decision of the Director. Appellant then filed the present appeal.

In his appeal to this court, appellant argues that his application should not be judged by the standard in effect after he applied to sit for the examination, but by the standard in effect at the time of he filed his application. Secondly, he asserts that he was denied certain “points” in the evaluation of his application in the areas of school course credits and work history.

II. Standard of Review

In an administrative appeal, the court sits as a court of appeals. In deciding the matter, the court is limited to the record represented by the transcript of proceedings before the administrative agency. The court’s discretion is guided by R.C. 119.12, which provides:

“The court may affirm the order of the agency complained of in the appeal if it finds, upon consideration of the entire record and such additional evidence as the [26]*26court has admitted, that the order is supported by reliable, probative, and substantial evidence and is in accordance with law. In the absence of such a finding, it may reverse, vacate, or modify the order or make such other ruling as is supported by reliable, probative, and substantial evidence and is in accordance with law.”

The court’s review is limited to determining whether, upon consideration of the record, the Board’s decision is supported by reliable, probative, and substantial evidence and is in accordance with law. Hall v. Ohio Bd. of Landscape Architect Examiners (1993), 91 Ohio App.3d 401, 632 N.E.2d 954; Midwest Fireworks Mfg. Co., Inc. v. Hennosy (1991), 71 Ohio App.3d 490, 494, 594 N.E.2d 725, 727-728. In its review, the court must give due deference to the administrative resolution of evidentiary conflicts and not substitute its judgment for that of the administrative agency. Hall, supra, at 403, 632 N.E.2d at 955. If the Board’s decision is lawful and supported by reliable, probative, and substantial evidence, its decision must be upheld. Our Place, Inc. v. Ohio Liquor Control Comm. (1992), 63 Ohio St.3d 570, 572, 589 N.E.2d 1303, 1305-1306.

III. Discussion of Law and the Record

The issues presented are whether appellant’s application should have been judged under the criteria in effect prior to January 1, 1994, and if so, whether his education and work experience were properly credited to him.

A. Standard to be Applied to Application

Appellant argues that the Director applied an inappropriate standard to his application and maintains that his application should have been judged by the criteria in effect at the time he applied. This court agrees.

Appellant, knowing that the standards for admission to the architect examination were to change January 1, 1994, filed his application to take the examination in October 1993. Although the Director’s testimony before the Board tended to indicate that appellant’s application was judged on both criteria, the appropriate standard was that standard existing at the time the application was filed.

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Related

Livisay v. Ohio Board of Dietetics
596 N.E.2d 1129 (Ohio Court of Appeals, 1991)
Midwest Fireworks Manufacturing Co. v. Hennosy
594 N.E.2d 725 (Ohio Court of Appeals, 1991)
Hall v. Ohio Board of Landscape Architect Examiners
632 N.E.2d 954 (Ohio Court of Appeals, 1993)
Brooks v. Ohio Board of Embalmers & Funeral Directors
591 N.E.2d 301 (Ohio Court of Appeals, 1990)
Garono v. State Board of Landscape Architect Examiners
298 N.E.2d 565 (Ohio Supreme Court, 1973)
Our Place, Inc. v. Ohio Liquor Control Commission
589 N.E.2d 1303 (Ohio Supreme Court, 1992)

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Bluebook (online)
654 N.E.2d 191, 71 Ohio Misc. 2d 22, 1994 Ohio Misc. LEXIS 81, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vince-v-ohio-board-of-examiners-of-architects-ohctcomplportag-1994.