Lawriter - OAC - 4765-20-09 Reinstatement of a revoked firefighter, fire safety inspector, or hazard recognition officer certificate.

4765-20-09 Reinstatement of a revoked firefighter, fire safety inspector, or hazard recognition officer certificate.

[Comment: For dates and availability of material incorporated by reference in this rule see rule 4765-25-02 of the Administrative Code.]

(A) The executive director may reinstate a firefighter certificate that has been previously revoked, in accordance with the parameters set forth in this rule. In order to be considered for reinstatement, the applicant shall meet the following requirements:

(1) The applicant shall pass the knowledge examination at the level of firefighter certification previously held, within three attempts. If the applicant is unable to pass the examination within three attempts, the applicant shall complete a new course of instruction and apply for a new certificate of firefighter training as set forth in rule 4765-20-02 of the Administrative Code;

(2) The applicant shall submit an application fee of seventy-five dollars;

(3) The applicant shall provide documentation of completion of continuing education related to fire service training :

(a) Eighteen hours per year of continuing education required for each year the certification was revoked, prorated as set forth in rule 4765-20-16 of the Administrative Code;

(b) Continuing education shall be approved by the applicant's fire chief or a program director;

(4) The applicant shall meet all qualifications for a firefighter certificate as set forth in paragraph (F) of rule 4765-20-02 of the Administrative Code;

(5) The applicant shall have previously held a firefighter certificate issued under section 4765.55 of the Revised Code and rule 4765-20-02 of the Administrative Code, for the level of certification sought;

(6) The applicant shall have completed a course of training that is significantly similar to the current curriculum requirements as set forth in Chapter 4765-24 of the Administrative Code for the level of certification sought. If the training is not significantly similar to the current curriculum, the applicant shall complete additional coursework in the areas of deficiency through a chartered program;

(7) The applicant shall submit a completed "Firefighter, Fire Safety Inspector, and/ or Hazard Recognition Officer Reinstatement Application."

(B) The executive director may reinstate a fire safety inspector certificate that has been previously revoked, in accordance with the parameters set forth in this rule. In order to be considered for reinstatement, the applicant shall meet the following requirements:

(1) The applicant shall pass the knowledge examination for fire safety inspector, within three attempts. If the applicant is unable to pass the examination within three attempts, the applicant shall complete a new course of instruction and apply for a new certificate of fire safety inspector training as set forth in rule 4765-20-03 of the Administrative Code;

(2) The applicant shall submit an application fee of seventy-five dollars;

(3) The applicant shall provide documentation of completion of continuing education related to fire safety inspector training :

(a) Eight hours per year of continuing education required for each year the certification was revoked, prorated in accordance with rule 4765-20-16 of the Administrative Code;

(b) Continuing education shall be approved by the applicant's fire chief or a program director;

(4) The applicant shall meet all qualifications for a fire safety inspector certificate as set forth in paragraph (D) of rule 4765-20-03 of the Administrative Code;

(5) The applicant shall have previously held a fire safety inspector certificate issued under section 4765.55 of the Revised Code and rule 4765-20-03 of the Administrative Code;

(6) The applicant shall have completed a course of training that is significantly similar to the current curriculum requirements as set forth in Chapter 4765-24 of the Administrative Code. If the training is not significantly similar to the current curriculum, the applicant shall complete additional coursework in the areas of deficiency through a chartered program;

(7) The applicant shall submit a completed "Firefighter, Fire Safety Inspector, and/ or Hazard Recognition Officer Reinstatement Application."

(C) The executive director may reinstate a hazard recognition officer certificate that has been previously revoked, in accordance with the parameters set forth in this rule. In order to be considered for reinstatement, the applicant shall meet the following requirements:

(1) The applicant shall pass the knowledge examination for hazard recognition officer, within three attempts. If the applicant is unable to pass the examination within three attempts, the applicant shall complete a new course of instruction and apply for a new certificate of hazard recognition officer training under as set forth in rule 4765-20-03 of the Administrative Code;

(2) The applicant shall submit an application fee of seventy-five dollars;

(3) The applicant shall provide documentation of completion of continuing education related to hazard recognition officer training:

(a) Two hours per year of continuing education required for each year the certification was revoked, prorated in accordance with rule 4765-20-16 of the Administrative Code;

(b) Continuing education shall be approved by the applicant's fire chief or a program director;

(4) The applicant shall meet all qualifications for a hazard recognition officer certificate as set forth in paragraph (E) of rule 4765-20-03 of the Administrative Code;

(5) The applicant shall have previously held a fire safety inspector or hazard recognition officer certificate issued under section 4765.55 of the Revised Code and rule 4765-20-03 of the Administrative Code;

(6) The applicant shall have completed a course of training that is significantly similar to the current curriculum requirements as set forth in Chapter 4765-24 of the Administrative Code. If the training is not significantly similar to the current curriculum, the applicant shall complete additional coursework in the areas of deficiency through a chartered program

(7) The applicant shall submit a completed "Firefighter, Fire Safety Inspector, and/ or Hazard Recognition Officer Reinstatement Application."

(D) A fire safety inspector applicant who qualifies for reinstatement is eligible to be reinstated at the fire safety inspector or hazard recognition officer level.

(E) In order to be eligible for reinstatement of a revoked firefighter, fire safety inspector, or hazard recognition officer certificate, the applicant's certificate shall have been revoked by the executive director for at least one year from the date on which the executive director's order revoking the certificate was journalized, but no more than thirty-six months. If the applicant's certificate has been revoked for more than thirty-six months, such applicant shall complete a new training course and apply for a new firefighter or fire safety inspector certificate in accordance with rule 4765-20-02 or 4765-20-03 of the Administrative Code.

(F) The executive director shall not reinstate a firefighter, fire safety inspector, or hazard recognition officer certificate if the applicant's certificate was permanently revoked.

(G) In addition to meeting the requirements set forth in this rule, the executive director may take into consideration other relevant factors when determining whether to grant a request for reinstatement. These factors include, but are not limited to the following:

(1) The nature and severity of the acts that resulted in the revocation of the applicant's certificate;

(2) The time that has elapsed since the revocation;

(3) Additional convictions or violations of the Revised Code occurring after the revocation of the certificate;

(4) Any evidence of rehabilitation, including but not limited to, appropriate treatment or counseling, which the applicant shall submit documentation to the executive director;

(5) Evidence of additional education or training, which the applicant shall submit to the executive director;

(6) Compliance with previous executive director orders or consent agreements;

(7) Compliance with court ordered sentencing;

(8) Employment history, including compliance with any departmental discipline, which the applicant may submit to the executive director.

(H) A firefighter or fire safety inspector certificate issued pursuant to this rule shall be issued in accordance with the certification cycles and pro-rated renewal requirements set forth in rule 4765-20-16 of the Administrative Code.

Effective: 1/1/2018
Five Year Review (FYR) Dates: 9/21/2017 and 10/01/2022
Promulgated Under: 119.03
Statutory Authority: 4765.55
Rule Amplifies: 4765.55
Prior Effective Dates: 01/24/2008, 04/07/2014