| (a) The State Ombudsman refuses to initially certify:
(1) a staff ombudsman, other than a managing local
ombudsman, if the requirements in §88.102(a) of this subchapter
(relating to Certification of an Ombudsman) are not met;
(2) a managing local ombudsman if the requirements
in §88.102(b) of this subchapter are not met; and
(3) a volunteer ombudsman if the requirements in §88.102(c)
of this subchapter are not met.
(b) The State Ombudsman refuses to renew certification
of:
(1) a staff ombudsman if the requirements in §88.102(e)(1)
of this subchapter are not met; and
(2) a volunteer ombudsman if the requirements in §88.102(e)(2)
of this subchapter are not met.
(c) The State Ombudsman may suspend certification of
a certified ombudsman for good cause, as determined by the State Ombudsman,
including if:
(1) the certified ombudsman is not adequately performing
the functions of the Ombudsman Program;
(2) the certified ombudsman fails to complete continuing
education in accordance with the Ombudsman Policies and Procedures
Manual;
(3) an individual conflict of interest regarding the
certified ombudsman is identified; or
(4) the State Ombudsman is in the process of deciding
whether to terminate the certified ombudsman’s certification.
(d) The State Ombudsman may terminate certification
of a certified ombudsman for good cause, as determined by the State
Ombudsman, including if:
(1) the certified ombudsman is not adequately performing
the functions of the Ombudsman Program;
(2) the certified ombudsman fails to complete continuing
education in accordance with the Ombudsman Policies and Procedures
Manual;
(3) the certified ombudsman does not disclose an individual
conflict of interest regarding the certified ombudsman to the local
ombudsman entity or host agency;
(4) an individual conflict of interest regarding the
certified ombudsman is not removed or remedied, as described in §88.303
of this chapter (relating to Individual Conflicts of Interest Regarding
a Local Ombudsman Entity) and §88.403 of this chapter (relating
to Conflicts of Interest Regarding a Host Agency);
(5) the certified ombudsman has been convicted of an
offense listed under Texas Health and Safety Code §250.006 during
the time periods set forth in Texas Health and Safety Code §250.006;
(6) the certified ombudsman acts in a manner that threatens
the health, safety, welfare, or rights of residents or undermines
the integrity of the Ombudsman Program; or
(7) the certified ombudsman is no longer an employee
or volunteer of the local ombudsman entity or host agency.
(e) If the State Ombudsman has a concern about a representative
of the Office, the State Ombudsman informs the local ombudsman entity
and, if appropriate, the host agency about the concern and may:
(1) work with the local ombudsman entity and the host
agency to address the concern; and
(2) develop a corrective action plan and request comments
on the plan from the local ombudsman entity and the host agency.
(f) The State Ombudsman immediately notifies the managing
local ombudsman and, if appropriate, the host agency of a decision
to refuse, suspend, or terminate certification of a certified ombudsman.
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