Chapter 4765-23 | Disciplinary Actions

Rule 4765-23-01 | Fire service investigation process.

• Effective: June 15, 2022
• Promulgated Under: 119.03

(A) The division shall investigate all complaints on behalf of the firefighter and fire safety inspector training committee and in accordance with section 4765.101 of the Revised Code.

(B) After an investigation is completed and based on the findings of such 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, based on the findings of an investigation, 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.

(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 and any related proceedings in such a manner as to protect patient confidentiality and in accordance with section 4765.102 of the Revised Code.

(F) No member of the committee who participates in an investigation at the local level or is involved in a case locally shall participate in any investigation or adjudication of the same case by the committee.

Last updated March 18, 2025 at 11:26 AM

Supplemental Information

Authorized By: 4765.55
Amplifies: 4765.55, 4765.04
Five Year Review Date: 10/1/2028
Prior Effective Dates: 4/7/2014

Rule 4765-23-02 | Fire service administrative actions.

• Effective: June 15, 2022
• Promulgated Under: 119.03

[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.

Last updated March 18, 2025 at 11:26 AM

Supplemental Information

Authorized By: 4765.55
Amplifies: 4765.55
Five Year Review Date: 10/1/2028
Prior Effective Dates: 5/1/1979, 9/25/2000, 5/29/2003, 9/30/2004, 4/7/2014, 1/1/2018

Rule 4765-23-03 | Fire service report of administrative actions.

• Effective: June 15, 2022
• Promulgated Under: 119.03

(A) When the executive director takes administrative action against a firefighter, fire safety inspector, hazard recognition officer, fire instructor, assistant fire instructor, live fire instructor, or fire safety inspector instructor certificate or fire charter, the division shall advise:

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

(2) The certificate holder's employer, if known;

(3) Any state or public agencies for which such notice is appropriate.

(B) All administrative actions issued by the executive director may be published on the division's website.

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

Last updated March 18, 2025 at 11:26 AM

Supplemental Information

Authorized By: 4765.55
Amplifies: 4765.55
Five Year Review Date: 10/1/2028
Prior Effective Dates: 4/1/2019

Rule 4765-23-04 | Impaired practitioners.

• Effective: February 5, 2026
• Promulgated Under: 119.03

(A) The division hereby establishes a confidential, non-disciplinary program for the evaluation and treatment of eligible fire professionals who need assistance with a potential or existing impairment due to abuse of or dependency on alcohol or drugs, mental health, or other health-related medical condition or illness. This program shall be known as the safe haven program.

(1) The executive director may abstain from taking disciplinary action under Chapter 4765. of the Revised Code or rules adopted thereunder if the individual can be treated effectively and there is no impairment of the individual's ability to practice according to acceptable and prevailing firefighter standards.

(2) The division may enter into an agreement with a monitoring organization to conduct the safe haven program. The monitoring organization shall assist with determining eligibility for participation in the safe haven program and provide associated services to eligible fire professionals.

(3) Subject to the eligibility standards in paragraphs (B) and (C) of this rule, eligible fire professionals shall include firefighters, instructors, applicants for certification, and students enrolled in a chartered program.

(4) The monitoring organization that contracts with the division to conduct the safe haven program may receive referrals from any of the following:

(a) Applicants, certificate holders, or regulated persons;

(b) Other individuals;

(c) Employers;

(d) Professional societies and associations;

(e) Health care personnel and treatment providers;

(f) Other entities and organizations; or

(g) The division.

(B) An individual may not participate in the safe haven program if the division receives information indicating that the individual's compliance with the program may not be effectively monitored while participating in the program. This information includes, but is not limited to, the following:

(1) The individual has diverted, substituted, or tampered with a substance or drug of abuse;

(2) The board or executive director has taken action against the individual's EMS or fire certification;

(3) Denial, revocation, suspension, or restriction of authority to engage in emergency medical services or firefighting in Ohio or another state or jurisdiction;

(4) The individual has been convicted of, pled guilty to (other than a plea resulting in a finding of eligibility for intervention in lieu of conviction), had a judicial finding of eligibility for diversion for, or had a judicial finding of guilt resulting from a plea of no contest to any felony or an act in another jurisdiction that would constitute a felony in Ohio;

(5) The public may not be adequately protected if the individual enters the program; or

(6) The individual has failed or refused to cooperate with a division investigation.

(C) To participate in the safe haven program, a fire professional must enter into an agreement with the division approved monitoring organization to seek assistance for a potential or existing impairment due to abuse of or dependency on alcohol or drugs or other medical condition or illness. The agreement may specify but is not limited to the following:

(1) Treatment and therapy plan;

(2) Support group participation;

(3) Case management;

(4) Relapses and other failures to comply with the terms of the agreement may result in a longer period of monitoring. As appropriate, an addendum to the agreement may be necessary;

(5) Random toxicology testing;

(6) Releases for seeking information or records related to the fire professional's impairment, including but not limited to family, peers, health care personnel, employers, and treatment providers;

(7) Grounds for dismissal from participation in the safe haven program for failure to comply with program requirements; or

(8) Any required fees associated with participation in the safe haven program, including but not limited to fees for toxicology testing.

(D) The executive director shall not institute disciplinary action solely based on impairment against a safe haven program participant so long as the participant enters into an agreement for treatment and monitoring and complies with the same. The presence of impairment shall not excuse acts or preclude investigation or disciplinary action against a participant for other violations of Chapter 4765. of the Revised Code or other provisions or rules adopted under it.

(E) Participation in the program may be terminated for any of the following reasons:

(1) The participant fails to comply with any of the terms and conditions of the program;

(2) The participant is unable to practice according to acceptable and prevailing firefighter or instructor standards and treatment has not been effective; or

(3) The division receives information which, after investigation, indicates that the participant may have committed an additional violation of a provision of Chapter 4765. of the Revised Code or any of the rules promulgated thereunder.

(F) Eligibility requirements for admission to and continued participation in the safe haven program shall be made by the monitoring organization, but the participant may be removed or determined no longer eligible by the executive director.

(G) All information received and maintained by the division or monitoring organization shall be held in confidence subject to section 2317.02 of the Revised Code and in accordance with federal law.

(H) The division at its discretion may:

(1) Contract with providers of impaired treatment programs;

(2) Receive and evaluate reports of suspected impairment from any source;

(3) Intervene in cases of verified impairment;

(4) Monitor treatment and rehabilitation of the impairment;

(5) Recommend post-treatment monitoring and support; or

(6) Provide other functions as necessary to carry out the provisions of this rule.

Last updated February 5, 2026 at 8:28 AM

Supplemental Information

Authorized By: 4765.04, 4765.55
Amplifies: 4765.30
Five Year Review Date: 10/1/2028