| (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.
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