(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
      (ii) anonymously;
    (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.

Source Note: The provisions of this §88.601 adopted to be effective May 22, 2024, 49 TexReg 3566