Document Type
Court Filing
Publication Date
2022
Abstract
Issues Presented for Review: 1. When a court grants a Certificate of Qualification for Employment (CQE) under R.C. 2953.25, it creates a rebuttable presumption that the recipient’s past convictions are insufficient evidence that the recipient is unfit for a professional license. This Court granted License Applicant a CQE. Did the Ohio Board of Registration for Professional Engineers and Professional Surveyors Board (Board) ignore this presumption when it denied License Applicant’s application to take the NCEES Principles and Practice of Engineering Examination (PE) based solely on his past convictions? 2. R.C. 4733.11(E) requires the Board to determine if each professional engineering applicant is currently of “good character and reputation.” The unrebutted evidence demonstrates that License Applicant is of good character and reputation. Did the Board’s use of the “good character and reputation standard” to reject License Applicant’s application to take the PE examination deny him due process under the Ohio and United States constitutions? Further, did the Board’s notice and procedure to hear License Applicant's appeal of the Board’s denial of his application violate due process of law under the Ohio and United States Constitutions.
Recommended Citation
Sahl, Joann M. and Oldfield, Charles W., "Appellant's Reply Brief, License Applicant v. State Board of Registration for Professional Engineers and Surveyors, Summit C.P. No. CV 2020-08-2223 (March 1, 2022)(Administrative Appeal)" (2022). Akron Law Faculty Publications. 263.
https://ideaexchange.uakron.edu/ua_law_publications/263