SECTION 88.402. Personnel Management of Representatives of the Office

(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.

Source Note: The provisions of this §88.402 adopted to be effective April 5, 2018, 43 TexReg 2007