3304:1-21-13. Disciplinary procedures

(A) BSVI may deny, revoke, or suspend a license upon proof that the licensee or applicant:

(1) Has engaged in fraud, material deception, or material misrepresentation;

(2) Has had the BOA terminated at least two times pursuant to paragraphs ( G)(1), ( G)(2), ( G)( 6) and (G)(7) of rule 3304:1-21- 06 of the Administrative Code;

(3) Is convicted of criminal activity as defined in paragraph ( N) of rule 3304:1-21-01 of the Administrative Code;

(4) Carries or possesses a firearm or concealed weapon in violation of law;

(5) Is under the influence of alcohol, or illegal substances, or abused controlled substances at the work place or otherwise fails to maintain a drug-free work environment;

(6) Is determined mentally incompetent;

(7) Cannot perform an operator's duties;

(8) Pursuant to paragraph (B) of rule 3304:1-21-9 of the Administrative Code; or

(9) The operator or licensee no longer meets the criterion of paragraph (D) of rule 3304:1-21-01 of the Administrative Code. The BSVI director shall require that a licensee submit to a vision exam and submit evidence of said vision exam performed within the past three months by an ophthalmologist selected and paid for by BSVI.

(B) The BSVI director shall notify the licensee and copy OVRC of the proposed action, basis for the action, and the hearing process pursuant to Chapters 119.06 to 119.09 of the Revised Code.

Effective: 1/1/2016
Five Year Review (FYR) Dates: 09/17/2015 and 01/01/2021
Promulgated Under: 119.03
Statutory Authority: 3304.29(D)
Rule Amplifies: 3304.31
Prior Effective Dates: 3/21/79, 5/1/83, 6/1/88, 1/12/90, 11/1/93, 10/4/99, 10/1/06, 1/1/10