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State Board of Registration v. Eberenz11/17/1998
FOR PUBLICATION
APPEAL FROM THE CLARK SUPERIOR COURT The Honorable Cecile A. Blau, Judge Cause No. 10D02-9706-CP-156
OPINION - FOR PUBLICATION
The State Board of Registration for Professional Engineers (the Board) and the Indiana Professional Licensing Agency (the Agency) appeal the trial court's grant of summary judgment in favor of David R. Eberenz. The issues presented for review are restated as follows:
I. Whether the trial court erred by finding that the Board's action was not in accordance with law.
II. Whether the trial court erred by rendering summary judgment.
III. Whether the trial court erred by ordering the Board to enter, in its official records, Eberenz's registration as an Indiana professional engineer.
We affirm.
FACTS AND PROCEDURAL HISTORY
The relevant facts in this case are not in dispute. Eberenz has been registered as a professional engineer in Kentucky since early 1995. In late August or early September of 1996, Eberenz filed with the Agency his application for comity registration as an Indiana professional engineer. On October 7, 1996, the Board denied Eberenz's application, noting Eberenz's " ack of 6 hours calculus which must include 3 hrs of advanced calculus and 3 hours calculus-based physics." R. at 46. Eberenz sought administrative review of the Board's decision to deny his application. On March 25, 1997, an administrative law Judge (A.L.J.) issued an order denying Eberenz's application. Eberenz then sought review of the A.L.J.'s decision before the full Board. On May 30, 1997, the full Board issued its final order in which it affirmed and adopted the A.L.J.'s order.
Eberenz petitioned the trial court for judicial review of the full Board's final order. He subsequently filed a motion for summary judgment. In his brief supporting that motion, Eberenz requested that the trial court reverse the Board's final order and also decree that he be registered, pursuant to the principle of comity, as an Indiana professional engineer. On February 12, 1998, the trial court granted Eberenz summary judgment in an order which was supported by enumerated findings and which held, among other things, that the Board's decision was not in accordance with law and was not supported by the evidence. The trial court then remanded the cause to the Board and the Agency (hereinafter referred to collectively as "the Board") "with instructions to take the appropriate action regarding [Eberenz's] comity application consistent with the findings of this order[.]" R. at 172.
After filing a praecipe for appeal, the Board, pursuant to Indiana Trial Rule 62, motioned the trial court for a stay of its summary judgment order pending appeal. On May 12, 1998, the trial court denied the Board's motion for a stay and ordered the Board "to enter in official records the registration by comity of [Eberenz] as an Indiana professional engineer, within ten (10) days after entry of this order." R. at 201. On June 24, 1998, the Board issued Eberenz an Indiana professional engineer license.
On June 25, 1998, the Board filed, in this court, a motion for a stay pending appeal. The motion specifically requested a stay of (1) the trial court's summary judgment order of February 12, 1998 and (2) the trial court's May 12, 1998 order denying the Board's motion for a stay pending appeal. After hearing oral argument, we denied the motion for a stay on July 21, 1998. STANDARD OF REVIEW
A court reviewing an administrative decision is limited to determining whether the agency had subject-matter jurisdiction and whether the agency's decision was made upon substantial
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