(V) Section 122 Hearings
Unless otherwise noted, paragraph (V)(122) of this rule does not apply to circumstances that include, but are not limited to, the following:
(i) Acts of the state fire marshal that are ministerial in nature.
(ii) Actions of the state fire marshal that are subject to hearings under sections 3737.41 to 3737.43 of the Revised Code.
(iii) Actions of the state fire marshal that are taken pursuant to paragraph (D)(8)(104.8) of this rule.
(iv) Actions of the state fire marshal that are taken pursuant to section 3743.59 of the Revised Code.
Except as provided in paragraph (V)(1)(a)(122.1.1) of this rule, those actions by the state fire marshal that afford the right to a hearing pursuant to state fire marshal authority provided in Chapter 119. of the Revised Code include the proposal of the state fire marshal to do the following:
(i) Refuse to issue a license, whether it is a renewal or a new license, unless a hearing was held before the refusal to issue such license.
(ii) Suspend or revoke a license.
(iii) Require a person to obtain a license when the person claims that the law does not impose such a requirement.
The following definitions apply to paragraph (V)(122) of rule 1301:7-7-01 of the Administrative Code.
"Affected party." A person whose interests are subject to an adjudication by the state fire marshal, including licensees, registrants, certificate holders and applicants for licenses, registrations and certifications.
"Appellant." An affected party who has requested an adjudication hearing pursuant to Chapter 119. of the Revised Code.
"Department." Means the department of commerce.
"Director." Means the director of the department of commerce or the director's designee.
"Division." Means the department of commerce, division of state fire marshal.
"Hearing." A hearing held by the division in compliance with sections 119.06 to 119.13 of the Revised Code.
"Last known address." The most recent mailing address reported to the division by the person in compliance with requirements to provide the person's address.
"License." Any license, permit, certificate, commission, or charter issued by the division.
"Licensee." Any person, institution, or entity, governmental or non-governmental, that holds a license, certificate or registration issued by the division pursuant to statute.
"Order." Any final adjudication of facts, issues, or amounts in controversy in any hearing conducted under the authority of this rule before the division and any final disposition or directive of the state fire marshal regarding the rights, duties, privileges, benefits, legal relationships, jurisdictional status, or standing of any affected party or appellant.
"Person." An individual, a firm, a corporation, an association, an institution, a partnership, or an entity.
"State Fire Marshal." The Ohio department of commerce, division of state fire marshal.
Whenever the state fire marshal proposes to take an action that the Ohio general assembly has expressly made subject to the administrative adjudication procedure outlined in Chapter 119. of the Revised Code, the state fire marshal shall give notice of the intended action to the affected party informing the affected party of the affected party's right to a hearing. Notice shall be given by registered mail, return receipt requested, and shall, at a minimum, include all of the following:
(i) The specific action or actions the state fire marshal intends to take;
(ii) The charges or other reasons for the proposed action or actions;
(iii) The statute or rule directly involved;
(iv) A statement informing the affected party that the affected party is entitled to a hearing if the affected party requests it within thirty days of the time of mailing the notice;
(v) A statement informing the affected party that at the hearing the affected party may appear in person or through an attorney;
(vi) A statement informing the affected party that the affected party or the affected party's attorney may present the affected party's position, arguments or contentions entirely in writing, and that at the hearing the affected party or the affected party's attorney may present evidence and examine witnesses appearing for and against the affected party; and
(vii) A statement informing the affected party that rules governing hearings in accordance with Chapter 119. of the Revised Code are found in rule 1301:7-7 of the Administrative Code.
Any request for a hearing made as the result of notice issued pursuant to (V)(3)(122.3) of this rule must be made in writing and mailed or delivered to the state fire marshal in the manner indicated in the notice issued pursuant to (V)(3)(122.3) of this rule within thirty calendar days of the following, as applicable:
(i) The time of mailing the notice if notice is given pursuant to paragraph (V)(3)(a)(122.3.1) of this rule;
(iv) The date of personal service.
If a request for a hearing is properly mailed to the state fire marshal, the request is deemed to have been made as follows:
(i) If the request is mailed by certified mail, as of the date stamped by the U.S. postal service on its receipt (PS form 3800 or any future equivalent postal service form).
(ii) If the request is mailed by regular U.S. mail, as of the date of the postmark appearing upon the envelope containing the request.
(iii) If the request is mailed by regular U.S. mail and the postmark is illegible or fails to appear on the envelope, as of the date of its receipt by the state fire marshal as evidenced by the state fire marshal's time stamp.