If the State Ombudsman refuses, suspends, or terminates certification
of a representative of the Office, the person whose certification
was refused, suspended, or terminated may file a grievance to request
that the State Ombudsman reconsider the decision to refuse, suspend,
or terminate certification in accordance with this section.
(1) To request a grievance under this section, the
grievant must complete HHSC form "Grievance Regarding Ombudsman Certification
Decision" and submit the completed form to the Office within 30 days
of a decision.
(2) If the Office receives a completed form described
in paragraph (1) of this section, the State Ombudsman:
(A) reviews the form;
(B) determines whether the decision to refuse, suspend,
or terminate certification is affirmed, modified, or reversed;
(C) sends a response to the grievant which includes
a description of the State Ombudsman's determination; and
(D) takes any necessary action in accordance with the
determination.
(3) In accordance with 45 CFR §1324.11(e)(7),
the State Ombudsman makes the final determination regarding the refusal,
suspension, or termination of certification of a representative of
the Office.
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