| (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.
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| 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 |
