Current through Register Vol. 30, No. 52, December 27, 2024
A.
Disqualification of official. The agency director, investigator, or any other
official with authority to act on a grievance or request for investigation
shall disqualify himself from acting, if such official cannot act on the matter
impartially and objectively, in fact or in appearance. In the event of such
disqualification, the official shall forthwith prepare and forward a written,
dated memorandum explaining the reasons for the decision to the Administration,
as appropriate, who shall, within 10 days of receipt of the memorandum make a
determination upon the appropriateness of the disqualification and
notify.
B. Request for extension of
time.
1. The investigator or any other
official of a mental health agency acting according to this Article may secure
an extension of any time limit provided in this Article with the permission of
the health plan.
2. The
investigator or any other official of an inpatient facility operated
exclusively by a n governmental entity acting according to this Article may
secure an extension of any time limit provided in this Article with the
permission of the CEO of the entity or his designee.
3. The investigator or any other official of
the Administration acting according to this Article may secure an extension of
any time limit provided in this Article with the permission of the
Administration or designee.
4. An
extension of time may only be granted upon a showing of necessity and a showing
that the delay will not pose a threat to the safety or security of the
client.
5. A request for extension
shall be in writing, with copies to all parties. The request shall explain why
an extension is needed and propose a new time limit which does not unreasonably
postpone a final resolution of the matter.
6. Such request shall be submitted to and
acted upon prior to the expiration of the original time limit. Failure of the
relevant official to act within the time allowed shall constitute a denial of
the request for an extension.
C. Procedural irregularities.
1. Any party may protest the failure or
refusal of any official with responsibility to take action in accord with the
procedural requirements of this Article, including the time limits, by filing a
written protest with the Administration.
2. Within 10 days of the filing of such a
protest, the Administration shall take appropriate action to ensure that if
there is or was a violation of a procedure or timeline, it is promptly
corrected, including, if appropriate, disciplinary action against the official
responsible for the violation or by removal of an investigator and the
appointment of a substitute.
D. Special Investigation.
1. The Administration may at any time order
that a special investigator review and report the facts of a grievance or
condition requiring investigation, including a death or other matter.
2. The special investigator and the
Administration shall comply with the time limits and other procedures for an
investigation set forth in this Article.
3. Any final decision issued by the
Administration based on such an investigation under this rule is appealable as
provided in
R9-21-408.
4. Nothing in this Article shall prevent the
Administration from conducting an investigation independent of these
rules.
