SECTION 88.103. Refusal, Suspension, and Termination of Certification of an Ombudsman

(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.

Source Note: The provisions of this §88.103 adopted to be effective April 5, 2018, 43 TexReg 2007