Miller v. Department of Industrial Relations

The issue presented is whether the department had a right to perfect an appeal under R.C. 119.12 to the court of appeals. Since the trial court’s ruling was based solely on the evidence and did not involve a question of law, we hold that the appellate court was correct in dismissing the appeal.

With respect to an appeal in this situation, R.C. 119.12 states:

“* * * Such appeal by the agency shall be taken on questions of law relating to the constitutionality, construction, or interpretation of statutes and rules of the agency, and in such appeal the court may also review and determine the…