In Re Senders

Porter, Judge.

Appellant Myer Senders appeals from the trial court’s order affirming the order of appellee, the Petroleum Underground Storage Tank Release Compensation Board (“the board”), denying the appellant’s eligibility to participate in the Financial Assurance Fund administered by the board and obtain compensation for cleaning up a release from appellant’s underground storage tank (“UST”). R.C. 3737.88 through 3737.92. The board’s denial of reimbursement was based on an administrative rule which provides that recovery from the Fund is contingent upon a finding that the underground…