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RULE §352.15Complaint Resolution Process

(a) This provision applies to the resolution of a complaint through review of a determination made by the Comprehensive Rehabilitation Services (CRS) program, when the complaint concerns:

  (1) ineligibility for services;

  (2) denial of services; or

  (3) termination of services.

(b) An applicant may file a complaint in writing to: CRS Program, Department of Assistive and Rehabilitative Services, 4900 N. Lamar Blvd., Austin, Texas 78751-2316. An applicant also may call DARS Inquiries at 1-800-628-5115 or send an email to dars.inquiries@dars.state.tx.us. In accordance with §117.072(b) of the Texas Human Resources Code, the CRS program provides a copy of the procedures under this subchapter to each applicant who wishes to file a complaint and to any person who is the subject of the complaint. DARS and CRS program staff members receive, evaluate, and seek satisfactory resolution to each complaint received.

(c) A complaint regarding the CRS program must be filed within 180 calendar days of the matter giving rise to the complaint. A complaint filed after 180 calendar days will be dismissed without further review by DARS.

(d) The complaint must contain:

  (1) the name of the person filing the complaint;

  (2) the name of the person for whom the complaint is filed;

  (3) the date of the incident that gave rise to the complaint;

  (4) the basis for the complaint;

  (5) a summary of the facts supporting the complaint; and

  (6) the specific relief requested.

(e) DARS staff must make every effort to:

  (1) document the date that the complaint was received;

  (2) evaluate the complaint and seek facts from the parties involved;

  (3) provide a written decision within 60 calendar days to the complainant addressing each allegation;

  (4) provide technical assistance and appropriate follow up to the parties involved in the complaint, as necessary; and

  (5) retain the documentation of the complaint for five years.

(f) On each complaint under this subchapter, the CRS program maintains a file containing the name of the person filing the complaint, the date the CRS program received the complaint, the subject matter of the complaint, the name of each person contacted concerning the complaint, a summary of the review, and an explanation of the actions taken, if any, to address the complaint.

(g) At least quarterly until final disposition of the complaint, DARS shall notify the person filing the complaint and each person who is a subject of the complaint about the status of the investigation, unless the notice would jeopardize an investigation.

Source Note: The provisions of this §352.15 adopted to be effective September 1, 2015, 40 TexReg 5346; transferred effective January 15, 2022, as published in the December 31, 2021 issue of the Texas Register, 46 TexReg 9422

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