The State Long-Term Care Ombudsman may refuse to designate or may dedesignate an entity as a provider agency for one (1) or more of the following reasons:

1. (1) Failure to continue to meet the criteria for designation;
2. (2) Existence of an unresolved conflict of interest with the Arkansas Long-Term Care Ombudsman Program;
3. (3) Deliberate failure to disclose any conflict of interest;
4. (4) Violation of the program confidentiality requirements by any person employed by, supervised by, or otherwise acting as an agent of, the entity; or

5. (5) Failure of the entity to provide adequate ombudsman services, including but not limited to failure to:

   1. (A) Perform enumerated responsibilities;
   2. (B) Fill a vacant ombudsman representative staff position within forty-five (45) days of vacancy;
   3. (C) Submit an ombudsman program annual plan for approval by the State Long-Term Care Ombudsman;
   4. (D) Use funds designated for the program for program services;
   5. (E) Adhere to the provisions of the contract for ombudsman representative services; or
   6. (F) Adhere to applicable federal and state laws, regulations, and policies, and/or office policies and procedures.