[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, with advice
and counsel of the firefighter and fire safety inspector training committee and
pursuant to Chapter 119. of the Revised Code, may suspend, revoke, restrict,
refuse to issue, or refuse to renew a firefighter, fire safety inspector,
hazard recognition officer, or instructor certificate 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) Was convicted for any
of the following:
(a) Any felony offense;
(b) A misdemeanor committed in the course of
practice;
(c) A misdemeanor involving moral turpitude;
(d) Violation of any federal, state, county, or municipal
narcotics or controlled substance law;
(e) Any act committed in another state or jurisdiction
that, if committed in Ohio, would constitute a violation set forth in this
paragraph;
(f) A violation of division (B) of section 3737.66 of the
Revised Code;
(g) Engaged in sexual contact, as described in section
2907.01 of the Revised Code, with a patient other than the spouse of the person
issued a certificate to practice, regardless of whether the contact was
consensual;
(h) Assaulted or caused physical harm to a patient or
deprived a patient of the means to summon assistance;
(2) Failed to satisfy
continuing education, training, or certification requirements of Chapter
4765-20 and Chapter 4765-21 of the Administrative Code;
(3) Violated any
condition of a consent agreement or an order issued by the executive
director;
(4) Violated any
provision of Chapter 4765. of the Revised Code or Chapters 4765-20 to 4765-25
of the Administrative Code.
(5) An adjudication of
mental incompetence by a court of law;
(6) An inability to
practice by reason of mental illness, physical illness, or habitual excessive
use of drugs, alcohol, or other substances that impair ability to
practice;
(7) Denial, revocation,
suspension, or restriction of authority to engage in a licensed profession,
including fire services, in Ohio or another state or jurisdiction;
(B) The executive director, with advice
and counsel of the firefighter and fire safety inspector training committee and
pursuant to Chapter 119. of the Revised Code, may suspend, revoke, restrict,
refuse to issue, or refuse to renew a fire charter or classification 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 4765-24 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 age, race, color, religion, gender,
sexual orientation, or national origin;
(7) Failed to follow
"NFPA 1403";
(8) Violated any
condition of a consent agreement or an order issued by the executive
director;
(9) Violated any
provision of Chapter 4765. of the Revised Code or Chapters 4765-20 to 4765-25
of the Administrative Code.
(C) The executive director, with advice
and counsel of the committee, may deem any disciplinary 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
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.
