(1) 122.1 Scope of Applicability
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.