| (a) In accordance with 45 CFR §1324.17(a), a host
agency is responsible for the personnel management, but not the programmatic
oversight, of a representative of the Office who works for the host
agency. Personnel management includes:
(1) hiring and terminating a staff ombudsman as described
in §88.401 of this subchapter (relating to Coordination with
the State Ombudsman in Hiring and Terminating a Staff Ombudsman) and
subsection (c)(2) of this section;
(2) overseeing compliance with host agency policies
by a representative of the Office;
(3) collecting timesheets from a staff ombudsman to
demonstrate work performance;
(4) determining salary and benefits for a staff ombudsman;
(5) evaluating job performance of a staff ombudsman;
(6) assigning work space and equipment for a staff
ombudsman; and
(7) performing payroll and accounting activities regarding
the local ombudsman entity.
(b) A host agency must ensure that a local ombudsman
entity has a managing local ombudsman.
(c) A host agency must ensure that a managing local
ombudsman:
(1) is the primary contact for the local ombudsman
entity;
(2) participates in making the decision to hire and
terminate a staff ombudsman;
(3) decides whether the local ombudsman entity recommends
to the Office that a person be approved as a certified ombudsman in
accordance with §88.301 of this chapter (relating to Requirements
to Recommend Certification as an Ombudsman); and
(4) except as permitted by subsection (d) of this section,
serves on a full-time basis in performing duties of the managing local
ombudsman.
(d) A host agency may request that the State Ombudsman
waive the requirement for the managing local ombudsman to serve on
a full-time basis.
(1) To make a request to waive the requirement, the
host agency must:
(A) complete HHSC form "Waiver Request for Full-Time
Requirement of a Managing Local Ombudsman"; and
(B) submit the form to the State Ombudsman before the
beginning of the federal fiscal year that the host agency is requesting
the requirement be waived.
(2) Within two business days after receiving a completed
form as described in paragraph (1) of this subsection, the State Ombudsman
reviews the request and notifies the host agency of whether the request
is approved.
(3) The State Ombudsman approves a request only if
the host agency demonstrates that:
(A) funding is not available for a full-time staff
ombudsman position; and
(B) if the managing local ombudsman position is combined
with another function within the host agency, any conflict of interest
is removed or remedied as required by §88.403 of this subchapter
(relating to Conflicts of Interest Regarding a Host Agency).
(4) Any approval of a request to waive the requirement
for the managing local ombudsman to serve on a full-time basis is
only for the fiscal year for which the request was submitted.
(e) A host agency must ensure that, in its personnel
management of representatives of the Office, a local ombudsman entity
complies with Subchapter D of this chapter (relating to Requirements
of a Local Ombudsman Entity).
(f) A host agency may request technical assistance
from the Office for the purpose of evaluating the job performance
of a staff ombudsman.
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