Current through Reg. 49, No. 38; September 20, 2024
(a) The State Ombudsman refuses to initially
certify:
(1) a staff ombudsman, other than a
managing local ombudsman, if the requirements in § 88.102(a) of this
subchapter (relating to Certification of an Ombudsman) are not met;
(2) a managing local ombudsman if the
requirements in § 88.102(b) of this subchapter are not met; and
(3) a volunteer ombudsman if the requirements
in § 88.102(c) of this subchapter are not met.
(b) The State Ombudsman refuses to renew
certification of:
(1) a staff ombudsman if
the requirements in § 88.102(e)(1) of this subchapter are not met;
and
(2) a volunteer ombudsman if
the requirements in § 88.102(e)(2) of this subchapter are not
met.
(c) The State
Ombudsman may suspend certification of a certified ombudsman for good cause, as
determined by the State Ombudsman, including if:
(1) the certified ombudsman is not adequately
performing the functions of the Ombudsman Program;
(2) the certified ombudsman fails to complete
continuing education in accordance with the Ombudsman Policies and Procedures
Manual;
(3) an individual conflict
of interest regarding the certified ombudsman is identified; or
(4) the State Ombudsman is in the process of
deciding whether to terminate the certified ombudsman's
certification.
(d) The
State Ombudsman may terminate certification of a certified ombudsman for good
cause, as determined by the State Ombudsman, including if:
(1) the certified ombudsman is not adequately
performing the functions of the Ombudsman Program;
(2) the certified ombudsman fails to complete
continuing education in accordance with the Ombudsman Policies and Procedures
Manual;
(3) the certified ombudsman
does not disclose an individual conflict of interest regarding the certified
ombudsman to the local ombudsman entity or host agency;
(4) an individual conflict of interest
regarding the certified ombudsman is not removed or remedied, as described in
§ 88.303 of this chapter (relating to Individual Conflicts of Interest
Regarding a Local Ombudsman Entity) and § 88.403 of this chapter (relating
to Conflicts of Interest Regarding a Host Agency);
(5) the certified ombudsman has been
convicted of an offense listed under Texas Health and Safety Code §
250.006
during the time periods set forth in Texas Health and Safety Code §
250.006;
(6) the certified ombudsman acts in a manner
that threatens the health, safety, welfare, or rights of residents or
undermines the integrity of the Ombudsman Program; or
(7) the certified ombudsman is no longer an
employee or volunteer of the local ombudsman entity or host
agency.
(e) If the State
Ombudsman has a concern about a representative of the Office, the State
Ombudsman informs the local ombudsman entity and, if appropriate, the host
agency about the concern and may:
(1) work
with the local ombudsman entity and the host agency to address the concern;
and
(2) develop a corrective action
plan and request comments on the plan from the local ombudsman entity and the
host agency.
(f) The
State Ombudsman immediately notifies the managing local ombudsman and, if
appropriate, the host agency of a decision to refuse, suspend, or terminate
certification of a certified ombudsman.
