The argument wasn't about a matter of fact, but a matter of law. He didn't argue against their matter of fact per the appeals court decision.
The ALJ heard arguments from both parties on their motions for summary
disposition. Marohn argued to the ALJ that the relevant statutes and regulations prevented
him from referring to himself as a professional engineer only while promoting or providing
engineering services. He also asserted that his conduct was protected by the First
Amendment. The complaint committee’s position was that Marohn had violated applicable
statutes and regulations by representing himself as a professional engineer during the time
his license was expired and by providing false information on his license applications. The
ALJ rejected Marohn’s statutory- and regulatory-interpretation arguments, declined to
consider Marohn’s constitutional arguments, and found that Marohn had violated Minn.
Stat. § 326.02, subds. 1, 3, by representing himself as a professional engineer while
unlicensed and Minn. R. 1805.0200, subps. 1(B), 2, 4(C), based on his statements in his
license applications. The ALJ therefore recommended summary disposition in favor of the
complaint committee.