SECTION 88.401. Coordination with the State Ombudsman in Hiring and Terminating a Staff Ombudsman

(a) In accordance with 45 CFR §1324.11(e)(1)(iv), a host agency must coordinate with the Office about the hiring and termination of a staff ombudsman.

(b) Before a person is hired to serve as a staff ombudsman, including the hiring or promotion of a person to serve as a managing local ombudsman, the host agency must ensure that the following documentation is submitted to the Office:

(1) the applicant’s resume or job application;

(2) HHSC form "Individual Conflict of Interest Screening of a Representative of the Office" as evidence of screening for an individual conflict of interest and, if a conflict is identified, a proposed removal or remedy plan for the conflict, using HHSC form "Conflict of Interest Identification, Removal, and Remedy"; and

(3) one of the following:

(A) consent by the applicant for a criminal history check, using HHSC form "Consent for Criminal History Check"; or

(B) the criminal history record of the applicant from the Texas Department of Public Safety obtained directly by the host agency or through a private agency.

(c) Within two business days after receiving the documentation described in subsection (b) of this section, the State Ombudsman reviews the documentation and notifies the requestor of whether any issues exist that may prevent the State Ombudsman from certifying the applicant as an ombudsman as described in §88.102 of this chapter (relating to Certification of an Ombudsman).

(d) A host agency may request technical assistance from the Office for the purpose of hiring and terminating a staff ombudsman.

(e) A host agency must ensure that, if an employee who is a representative of the Office is terminated, the Office is notified of the termination, in writing, within one business day after the effective date of termination.

Source Note: The provisions of this §88.401 adopted to be effective April 5, 2018, 43 TexReg 2007