Current through Reg. 49, No. 38; September 20, 2024
(a) In accordance with
45
CFR §
1324.17(a), a
host agency is responsible for the personnel management, but not the
programmatic oversight, of a representative of the Office who works for the
host agency. Personnel management includes:
(1) hiring and terminating a staff ombudsman
as described in § 88.401 of this subchapter (relating to Coordination with
the State Ombudsman in Hiring and Terminating a Staff Ombudsman) and subsection
(c)(2) of this section;
(2)
overseeing compliance with host agency policies by a representative of the
Office;
(3) collecting timesheets
from a staff ombudsman to demonstrate work performance;
(4) determining salary and benefits for a
staff ombudsman;
(5) evaluating job
performance of a staff ombudsman;
(6) assigning work space and equipment for a
staff ombudsman; and
(7) performing
payroll and accounting activities regarding the local ombudsman
entity.
(b) A host agency
must ensure that a local ombudsman entity has a managing local
ombudsman.
(c) A host agency must
ensure that a managing local ombudsman:
(1)
is the primary contact for the local ombudsman entity;
(2) participates in making the decision to
hire and terminate a staff ombudsman;
(3) decides whether the local ombudsman
entity recommends to the Office that a person be approved as a certified
ombudsman in accordance with § 88.301 of this chapter (relating to
Requirements to Recommend Certification as an Ombudsman); and
(4) except as permitted by subsection (d) of
this section, serves on a full-time basis in performing duties of the managing
local ombudsman.
(d) A
host agency may request that the State Ombudsman waive the requirement for the
managing local ombudsman to serve on a full-time basis.
(1) To make a request to waive the
requirement, the host agency must:
(A)
complete HHSC form "Waiver Request for Full-Time Requirement of a Managing
Local Ombudsman"; and
(B) submit
the form to the State Ombudsman before the beginning of the federal fiscal year
that the host agency is requesting the requirement be waived.
(2) Within two business days after
receiving a completed form as described in paragraph (1) of this subsection,
the State Ombudsman reviews the request and notifies the host agency of whether
the request is approved.
(3) The
State Ombudsman approves a request only if the host agency demonstrates that:
(A) funding is not available for a full-time
staff ombudsman position; and
(B)
if the managing local ombudsman position is combined with another function
within the host agency, any conflict of interest is removed or remedied as
required by § 88.403 of this subchapter (relating to Conflicts of Interest
Regarding a Host Agency).
(4) Any approval of a request to waive the
requirement for the managing local ombudsman to serve on a full-time basis is
only for the fiscal year for which the request was submitted.
(e) A host agency must ensure
that, in its personnel management of representatives of the Office, a local
ombudsman entity complies with Subchapter D of this chapter (relating to
Requirements of a Local Ombudsman Entity).
(f) A host agency may request technical
assistance from the Office for the purpose of evaluating the job performance of
a staff ombudsman.