Section 88.601 - Grievances Regarding Performance of a Representative of the Office Who is an Employee, Independent Contractor, or Volunteer of a Host Agency, Including a Managing Local Ombudsman(a) A grievance regarding the performance of functions of the Ombudsman Program by a representative of the Office, other than a grievance about the managing local ombudsman, is addressed in accordance with this subsection. A host agency must ensure that a local ombudsman entity complies with this section. (1) The local ombudsman entity must: (A) ensure that a grievance may be submitted: (i) in writing, in person, or by telephone; and(B) request, but not require disclosure of, the name and contact information of a grievant;(C) document the nature of the grievance in detail;(D) document the name of the person who conducted the investigation required by subparagraph (F)(ii) of this paragraph;(E) document the name of persons contacted during the investigation; and(F) within 30 days after receiving the grievance:(i) notify the representative of the Office who is the subject of the grievance that a grievance was submitted;(ii) investigate the grievance;(iii) develop a proposed response to the grievant, including actions to be taken, if any; and(iv) submit the following information to the Office:(I) the information described in subparagraphs (C) - (E) of this paragraph;(II) a description of the activities conducted during the investigation; and(III) the proposed response to the grievant as required by clause (iii) of this subparagraph.(2) If the Office receives the information regarding a grievance described in paragraph (1)(F)(iv) of this subsection, the State Ombudsman: (A) reviews the information; and(B) approves or modifies the proposed response to the grievant developed by the local ombudsman entity.(3) The local ombudsman entity must send a response to the grievant as approved or modified by the State Ombudsman.(b) A grievance regarding the performance of functions of the Ombudsman Program by a managing local ombudsman is addressed in accordance with this subsection. (1) A grievance about the managing local ombudsman must be submitted to the Office.(2) If the Office receives a grievance about a managing local ombudsman, the Office, within 90 days after receiving the grievance:(A) investigates the grievance;(B) informs the host agency of the actions to be taken, if any; and(C) sends a response to the grievant.26 Tex. Admin. Code § 88.601
Adopted by Texas Register, Volume 49, Number 20, May 17, 2024, TexReg 3579, eff. 5/22/2024