Doyle v. Ohio Bur. of Motor Vehicles5/9/1990
ALICE ROBIE RESNICK, J.
The issue before this court is whether Ohio Adm. Code 4501:1-1-16(3)(1) violates the due course of law provision of Section 16, Article I of the Ohio Constitution. Our determination of this issue also requires an examination of R.C. 4507.08(A). We are cognizant that " n enactment of the General Assembly is presumed to be constitutional, and before a court may declare it unconstitutional it must appear beyond a reasonable doubt that the legislation and constitutional provisions are clearly incompatible." State, ex rel. Dickman, v. Defenbacher (1955), 164 Ohio St. 142, 57 O.O. 134, 128 N.E. 2d 59, paragraph one of the syllabus. See, also, Rocky River v. State Emp. Relations Bd. (1989), 43 Ohio St.3d 1, 10, 539 N.E. 2d 103, 111 (long-established principle requiring courts to presume the constitutionality of legislative enactments); State v. Young (1988), 37 Ohio St.3d 249, 251, 525 N.E. 2d 1363, 1367 (all legislative enactments enjoy a strong presumption of constitutionality); State v. Stambaugh (1987), 34 Ohio St.3d 34, 35, 517 N.E. 2d 526, 527 (doubts regarding the validity of a statute are to be resolved in favor of the statute); State, ex rel. Swetland, v. Kinney (1982), 69 Ohio St.2d 567, 23 O.O. 3d 479, 433 N.E. 2d 217.
It should be noted that neither the trial court nor the court of appeals held that R.C. 4507.08 is unconstitutional. Furthermore, appellee does not contend that this statutory provision is constitutionally infirm. R.C. 4507.08 provides in pertinent part:
"No temporary instruction permit or driver's license shall be issued to, or retained by:
"(A) Any person who is an alcoholic, or is addicted to the use of controlled substances to the extent that the use constitutes an impairment to the person's ability to operate a motor vehicle with the required degree of safety[.]" (Emphasis added.)
The General Assembly did not define the term "alcoholic" in R.C. 4507.08. However, Ohio Adm. Code 4501:1-1-16(B) defines the term "alcoholic" as follows: "`Alcoholic' shall be defined as any person who: (1) Is convicted three or more times within the immediately preceding three-year period of driving under the influence of intoxicating liquor * * *[.]"
We begin our analysis of Ohio Adm: Code 4501:1-1-16(B)(1) by examining the authority of the appellant Ohio Bureau of Motor Vehicles to adopt rules and regulations. "The purpose of administrative rulemaking is to facilitate the administrative agency's placing into effect the policy declared by the General Assembly in the statutes to be administered by the agency. In other words, administrative agency rules are an administrative means for the accomplishment of a legislative end." Carroll v. Dept. of Admin. Services (1983), 10 Ohio App.3d 108, 110, 10 OBR 132, 133, 460 N.E. 2d 704, 706. Moreover, "* * * ules issued by administrative agencies pursuant to statutory authority have the force and effect of law." Parfitt v. Columbus Correctional Facility (1980), 62 Ohio St.2d 434, 436, 16 O.O. 3d 455, 456, 406 N.E. 2d 528, 530. See, also, State, ex rel. Kidlow, v. Indus. Comm. (1934), 128 Ohio St. 573, 580, 1 O.O. 235, 238, 192 N.E. 873, 876; Hiram House v. Indus. Comm. (1987), 42 Ohio App.3d 29, 32, 536 N.E. 2d 36, 39.
R.C. 4501.02 is the statute which establishes the Ohio Bureau of Motor Vehicles, and provides in pertinent part: "There is hereby created in the department of highway safety a bureau of motor vehicles, which shall be administered by a registrar of motor vehicles. The registrar shall bsappointed by the director of highway safety and shall serve at his pleasure.
"The registrar shall
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