Opinion

Ohio Ass'n of Public School Employees v. Stark County Board of Education

  • 6 Ohio App. Unrep. 135
Court
Ohio Court of Appeals
Filed
Aug 15, 1990
Status
Published
Author
Gwin
On the bench
Gwin, Hoffman, Milligan
Cited by
0 cases

The opinion

GWIN, J.,

dissents

I must respectfully dissent.

Contrary to the majority's holding that R.C. §3327.10(A) vests appellee with the authority to promulgate the regulations in question, I read that statute as giving no such authority. In fact, R.C. §3327.10(A) provides for the issuance of a bus driver certificate by appellee under the certain requirements listed in that section and for the revocation of that certificate by appellee for the reasons specified in that section.

Nowhere in R.C. §3327.10 (A) does the state legislature grant appellee the authority to adopt regulations concerning the revocation of bus driver certification. It is the State Department of Education, not appellee, that is granted the authority to adopt and enforce regulations relating to the operation of school buses under R.C. §4511.76(A).

For these reasons, the State Legislature has clearly granted the authority to the State Depart *138 ment of Education and not the County Boards of Education to adopt regulations concerning bus driver's certification.

Accordingly, I would reverse the judgment of the Stark County Court of Common Pleas.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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