Chapter 4765-23 Disciplinary Actions

(A) All complaints filed with the division shall be in writing. The division will not investigate anonymous complaints.

(B) Based on the findings of a completed investigation, the executive director, with advice and counsel of the committee, may initiate disciplinary proceedings in accordance with Chapter 119 of the Revised Code.

(C) If the executive director, with advice and counsel of the committee, determines that no further action on a complaint is warranted, then the case will be closed accordingly. Affected parties will be notified in accordance with law.

(D) No member of the committee who participates in an investigation shall participate in further adjudication of the case.

(E) The division shall conduct investigations in such a manner as to protect patient confidentiality.

Effective: 01/24/2008

R.C. 119.032 review dates: 01/23/2013

Promulgated Under: 119.03

Statutory Authority: 4765.55

Rule Amplifies: 4765.55

(A) The executive director, with advice and counsel of the firefighter and fire safety inspector training committee and pursuant to an adjudicatory hearing under Chapter 119. of the Revised Code, may suspend, revoke, restrict, refuse to issue, or refuse to renew a fire service training certificate or certificate to teach fire service training issued by the executive director, or impose a fine not to exceed one thousand dollars, if the executive director finds the certificate holder has done any of the following:

(1) Conviction of:

(a) Any felony offense;

(b) A misdemeanor committed in the course of practice;

(c) A misdemeanor involving moral turpitude;

(2) Failed to satisfy continuing education, training, or certification requirements of Chapter 4765-20 of the Administrative Code;

(3) Violated any condition of a consent agreement or an order issued by the executive director.

(B) The executive director, with advice and counsel of the firefighter and fire safety inspector training committee and pursuant to an adjudicatory hearing under Chapter 119. of the Revised Code, may suspend, revoke, restrict, refuse to issue, or refuse to renew a fire charter issued by the executive director, or impose a fine not to exceed one thousand dollars, if the executive director finds the chartered program , applicant or authorizing official has done any of the following:

(1) Failed to meet standards set forth in Chapter 4765-11 of the Administrative Code;

(2) Furnished false, misleading, or incomplete information to the executive director;

(3) Violated any commitment made in an application for a charter;

(4) Presented to prospective students misleading , false, or fraudulent information relating to any programs, employment opportunities, or opportunities for enrollment in chartered institutions of higher education after entering or completing courses offered by the chartered program;

(5) Failed to maintain premises and equipment in a safe condition;

(6) Discriminated in the acceptance of students on the basis of race, color, religion, sex, or national origin;

(7) Failed to follow NFPA standard 1403;

(8) Violated any condition of a consent agreement or an order issued by the executive director.

(C) The executive director, with advice and counsel of the committee, may deem any discipline action to be permanent.

(D) If the executive director, with the advice and counsel of the committee, imposes a fine upon a certificate holder, the division shall notify the certificate holder via an adjudication order or pursuant to a consent agreement. The certificate holder shall submit payment via a check or money order, made payable to “Treasurer, State of Ohio,” within the time parameters set forth in the adjudication order or consent agreement.

(E) If the executive director imposes disciplinary action on the basis of a conviction listed in this rule, and such conviction is overturned on appeal, the certificate holder, on exhaustion of the criminal appeal process, may file with the executive director a petition for reconsideration of the discipline along with the appropriate court documents. Upon receipt of such petition and documents, the executive director shall reinstate the certificate holder’s certificate.

Replaces: Part of former 4765-11-07 and part of fprmer 4765-11-09

Effective: 01/24/2008

R.C. 119.032 review dates: 01/23/2013

Promulgated Under: 119.03

Statutory Authority: 4765.55

Rule Amplifies: 4765.55

Prior Effective Dates: 9/30/04, 6/30/75, 5/1/79, 1/1/89, 1/1/96, 9/25/00, 5/29/03 and 7/25/04, 6/30/75, 5/1/79, 1/1/89, 1/1/96, 9/25/00, 5/29/03

(A) When the executive director takes action, in accordance with this chapter, to discipline a person who holds or has applied for a certificate or charter, the division shall advise:

(1) The person against whom such action is taken;

(2) Any other state or public agencies for whom such notice is appropriate.

(B) All administrative actions that result in discipline, suspension, revocation, or limitation of certification may be published in the division of EMS newsletter on the division’s website.

(C) The division shall compile on an annual basis a report detailing the complaints received, investigations conducted, and administrative actions taken.

Effective: 01/24/2008

R.C. 119.032 review dates: 01/23/2013

Promulgated Under: 119.03

Statutory Authority: 4765.55

Rule Amplifies: 4765.55