Following revocation of his permit, appellant appealed to the Franklin County Court of Common Pleas pursuant to R.C. 119.12. The trial court found reliable, probative and substantial evidence to support the revocation of the permit, and that the decision was in accordance with law. In an administrative appeal, pursuant to R.C. 119.12, the trial court reviews the agency's order to determine whether it is supported by reliable, probative and substantial evidence and is in accordance with the law. Evidence which is reliable, is evidence which is dependable. In order to be reliable, there must be a reasonable probability that the evidence is true.
Probative evidence is evidence which tends to prove the issue in question.
Substantial evidence is evidence with some weight. Our Place, Inc. v. Ohio Liquor Control Comm. In performing this review, the common pleas court may consider the credibility of competing witnesses, as well as the weight and probative character of the evidence. To a limited extent, this standard of review permits the common pleas court to substitute its judgment for that of the administrative agency. Nevertheless, the court of common pleas must give due deference to the administrative resolution of evidentiary conflicts.