In re Timken Mercy Medical Center

This case involves the interpretation of former R.C. 3702.58, which governed appeals to the Certificate of Need Review Board *83from decisions of the ODH.1 The appellant argues that under R.C. 3702.58, the Board may not reverse an ODH ruling on an application for a certificate of need unless it finds that the Director of Health abused his discretion in reaching a decision. According to the appellant, the Board may not reweigh the evidence or reévaluate the facts. Instead, the Board may reverse an ODH decision only if that decision is “clearly unreasonable or unlawful.”

On the other hand, the…