| (a) In accordance with 45 CFR §1324.11(e)(1)(iv),
a host agency must coordinate with the Office about the hiring and
termination of a staff ombudsman.
(b) Before a person is hired to serve as a staff ombudsman,
including the hiring or promotion of a person to serve as a managing
local ombudsman, the host agency must ensure that the following documentation
is submitted to the Office:
(1) the applicant’s resume or job application;
(2) HHSC form "Individual Conflict of Interest Screening
of a Representative of the Office" as evidence of screening for an
individual conflict of interest and, if a conflict is identified,
a proposed removal or remedy plan for the conflict, using HHSC form
"Conflict of Interest Identification, Removal, and Remedy"; and
(3) one of the following:
(A) consent by the applicant for a criminal history
check, using HHSC form "Consent for Criminal History Check"; or
(B) the criminal history record of the applicant from
the Texas Department of Public Safety obtained directly by the host
agency or through a private agency.
(c) Within two business days after receiving the documentation
described in subsection (b) of this section, the State Ombudsman reviews
the documentation and notifies the requestor of whether any issues
exist that may prevent the State Ombudsman from certifying the applicant
as an ombudsman as described in §88.102 of this chapter (relating
to Certification of an Ombudsman).
(d) A host agency may request technical assistance
from the Office for the purpose of hiring and terminating a staff
ombudsman.
(e) A host agency must ensure that, if an employee
who is a representative of the Office is terminated, the Office is
notified of the termination, in writing, within one business day after
the effective date of termination.
|
