[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 an adjudicatory hearing under 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;
(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.
(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
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.
