Authority: IC 12-9.1-2-3; IC 12-10-13-17

Affected: IC 12-10-13-4.5; IC 12-10-13-13

Sec. 5. (a) The state ombudsman may designate local ombudsman entities to carry out the duties specified in section 6 of this rule. The state ombudsman shall consult with the division in the selection of a local ombudsman entity.

(b) An entity applying for designation must:

1. (1) be a public or private nonprofit entity;
2. (2) have demonstrated capability to carry out duties of the ombudsman program, such as experience in advocating for the individual and collective rights of vulnerable individuals; and
3. (3) be free of conflicts of interest as required by this rule.

(c) An entity shall be designated for a period not to exceed two (2) years.

(d) The state ombudsman may dedesignate a local ombudsman entity at any time, for cause, which may include, but is not limited to, the following:

1. (1) Failure to satisfactorily perform the duties of the entity as specified in section 6 of this rule.
2. (2) Failure to report or correct a conflict of interest.
3. (3) Violation of confidentiality provisions required under state or federal statutes or regulations, this rule, or office policy.

(e) The state ombudsman shall give written notice of the dedesignation to the local ombudsman entity. The notice shall include:

1. (1) reasons for the dedesignation;
2. (2) effective date of the dedesignation; and
3. (3) appeal rights.

(Division of Aging; 455 IAC 1-8-5; filed Mar 6, 2000, 7:51 a.m.: 23 IR 1643; readopted filed Nov 21, 2006, 11:00 a.m.: 20061213-IR-460060411RFA; readopted filed Nov 2, 2012, 8:32 a.m.: 20121121-IR-455120508RFA; readopted filed Nov 15, 2013, 3:22 p.m.: 20131211-IR-455130453RFA; readopted filed Nov 13, 2019, 11:55 a.m.: 20191211-IR-455190488RFA; readopted filed Oct 8, 2025, 3:16 p.m.: 20251105-IR-455240503RFA) NOTE: Transferred from the Division of Disability and Rehabilitative Services (460 IAC 1-7-5) to the Division of Aging (455 IAC 1-8-5) by P.L.153-2011, SECTION 21, effective July 1, 2011.