(a) Right to Submit a Grievance. Participants in Older Americans Act Programs may submit grievances regarding specific actions or activities affecting their personal participation in the program or the conduct of the program as it relates to all participants at that site or location.
  (1) Grievances may be in writing or may be made orally.
  (2) A grievance may be presented by an individual on behalf of the participant. If the participant elects this option, he or she shall accompany that spokesperson to every meeting at which the appeal is discussed.
  (3) A grievance should be resolved at the lowest level of authority to avoid undue paperwork or loss of time. Grievances shall be directed as indicated to the following authorities in the order indicated:
    (A) site director;
    (B) project director;
    (C) area agency on aging director;
    (D) grantee director;
    (E) executive director of the Texas Department on Aging.
  (4) Grievances may be made at any time. The site manager, however, should be advised within ten days of the event which created the basis for the grievance of the intent to appeal.
(b) Grievance procedures.
  (1) An oral grievance must state in detail the basis for the appeal and the reasons the participant objects to the action or circumstances in question. To facilitate this statement, a written outline should be prepared for the oral grievance which outlines the reasons for the grievance. This outline should contain or refer to the following:
    (A) the notice, document, policy or situation upon which a grievance is being made;
    (B) the dates that are significant which pertain to the grievance;
    (C) the names of individuals and organizations involved in the grievance;
    (D) a reference to any provision of the Older Americans Act or regulations believed to have been violated by site management, grantee, area agency or the Department.
  (2) A written grievance may also be made. A written grievance must contain all the elements specified for the oral grievance, as stated in paragraph (1) of this subsection.
(c) Disposition of Grievances.
  (1) If the facts support the grievance, the site manager or service provider director shall, within 30 working days of the receipt of the written grievance, make the changes necessary to resolve the issue.
  (2) If the site manager's or service provider's director's decision is not acceptable to the participant, the participant may, within ten working days, appeal to the next higher authority as specified in subsection (a)(3) of this section relating to resolving issues at the lowest possible level of authority. The site manager or service provider director, and each level of authority at which the grievance has been unresolved, shall within ten working days following receipt of a request for continuing grievance action, develop a memorandum detailing the circumstances of the grievance, attach all pertinent documentation regarding the findings and actions taken at that level of authority, and forward it to the next level with a request for a meeting of the parties concerned with the issue.
  (3) If the grievance is resolved, parties to the grievance shall jointly notify each level of authority involved in the grievance of this fact in writing.
(d) Referral to the Texas Department on Aging. If the grievance cannot be informally or formally resolved and it becomes necessary to refer it to the Texas Department on Aging, the Executive Director shall issue a decision on behalf of the Department.
(e) Rights of Appellant. A copy of this rule will be made available to participants in Older Americans Act programs.

Source Note: The provisions of this §213.9 adopted to be effective January 12, 1995, 19 TexReg 10555; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8842; transferred effective June 15, 2021, as published in the May 28, 2021 issue of the Texas Register, 46 TexReg 3421