1. (a) The Office officially designates agencies serving as area or local subdivisions of the Office through an annual designation process pursuant to OAG administrative funding procedures.
2. (1) Area program staff and volunteer representatives are officially designated in writing by the State Long-Term Care Ombudsman.
3. (2) Designation as an Office representative:
4. (A) For area staff is based on criteria necessary for satisfactory performance including, but not limited to:
5. (i) being free from any conflict of interest as defined by this rule and in compliance with federal and state statutes; and does not stand to gain financially through an action or potential action brought on behalf of the residents he or she serves;
6. (ii) meeting minimum Office job qualifications and screening standards; and
7. (iii) satisfactorily completing training prescribed by the Ombudsman; and
8. (B) As an ombudsman volunteer is accomplished through a designation process, and is based on the individual meeting criteria necessary to satisfactory performance in the position including, but not limited to, the person:
9. (i) being free from any conflict of interest as required by statute and defined by this Chapter and he or she does not stand to gain financially through an action or potential action brought on behalf of residents the ombudsman serves;
10. (ii) meets screening criteria set in this Chapter;
11. (iii) satisfactorily completes training prescribed by the Ombudsman; and
12. (iv) completes and signs:
13. (I) The Ombudsman Volunteer Application, agreeing to accept supervision and follow Program rules and guidelines; and
14. (II) the Registry and criminal history record check consent and release form for the Oklahoma National Fingerprint Background Check Program, authorizing the Office to conduct a national fingerprint background and registry checks.
15. (b) The Ombudsman has authority to refuse to designate:
16. (1) An individual, staff or volunteer, as an Office representative for any reasonable cause related to unsatisfactory performance in the position including, but not limited to:
17. (A) an unresolved or unresolvable conflict of interest;
18. (B) failure to satisfactorily complete training; and
19. (C) failure to meet screening standards for volunteers and staff including a national fingerprint background and registry check or minimum job qualifications; and
20. (2) An entity as a subdivision of the Office for any reasonable cause that prevents satisfactory operation of the Program including, but not limited to:
21. (A) an unresolved or unresolvable conflict of interest;
22. (B) failure to provide adequate assurances that Program guidelines can be met; and
23. (C) failure to provide assurances that the Program can be adequately funded.
24. (c) The Ombudsman has the authority to withdraw designation as:
25. (1) A subdivision of the Office from a designated entity when there is:
26. (A) an unresolved or unresolvable conflict of interest;
27. (B) a breach of the confidentiality requirement caused by the action of any staff of the designated entity as a local subdivision of the Office or of that designated entity's sponsoring agency;
28. (C) failure to adhere to Office policies, the federal Administration on Aging regulations, federal or state law; or
29. (D) any other unreasonable or prejudicial conduct substantially affecting the Program; and
30. (2) An Office representative from a staff person or volunteer when there is:
31. (A) an unresolved or unresolvable conflict of interest;
32. (B) breach of the confidentiality requirement;
33. (C) failure to adhere to Office policies or federal or state law;
34. (D) failure to accept program supervision from the Office; or
35. (E) when the prospective representative is determined to be ineligible by the Oklahoma State Department of Health National Fingerprint Background Check Program.
36. (d) The Ombudsman may also withdraw designation of an ombudsman volunteer when he or she:
37. (1) fails to file monthly reports with the ombudsman supervisor for three consecutive months, unless on approved leave of absence;
38. (2) fails to attend three consecutive monthly meetings, unless on approved leave of absence;
39. (3) fails to initiate resident visitation in assigned facility within two months after designation;
40. (4) misuses the "ombudsman volunteer" title or badge; or
41. (5) without specific authorization by the Ombudsman, represents himself or herself either verbally or by wearing a badge as an ombudsman for a facility for which the volunteer is not designated.
42. (e) An agency that is refused designation or from which designation is withdrawn as an designated entity or an individual refused designation or from whom designation is withdrawn as an area ombudsman staff representative may appeal the decision. Designation is not withdrawn until reasonable notice and opportunity for a hearing is provided.
43. (f) The following rules of procedure apply in appeals of refused or withdrawn designations:
44. (1) The Ombudsman shall send a notification of such refusal or withdrawal advising the agency or individual (appealing party) of their the right to appeal.
45. (2) A request for hearing must be submitted within ten calendar days of the receipt of the letter of notification of the decision to refuse or withdraw designation.
46. (3) The agency or individual appealing the refusal or withdrawal may submit a response to accompany its request for hearing. If a response is submitted, the Ombudsman may submit a reply to the response no later than five days after the request for hearing and response are received.
47. (4) Hearings are conducted by OAG or its designated hearing officer. The hearings must be electronically recorded. All testimony shall be taken under oath. The hearing officer may admit relevant, material, substantial, competent and reliable evidence but may also exclude incompetent, irrelevant, immaterial and unduly repetitious evidence.
48. (5) The hearing officer may set a time limit for each side to present its case. The appealing party may reserve a portion of its time for rebuttal.
49. (6) The Ombudsman may suspend a designated ombudsman entity or staff representative from engaging in any and all Program duties pending the conclusion of a hearing.
50. (7) Notwithstanding the findings of hearing officer, the Ombudsman retains authority to refuse or withdraw the designation regardless of the hearing officer's findings if the Ombudsman determines that such findings contradict or violate federal law or regulations.

<div><span style="font-family: Arial; font-size: 12pt;">Transferred from 340:105-11-234 by SB 1709 (2024), eff 11-1-24</span></div>

Amended at 42 Ok Reg, Number 20, effective 7-11-25

Amended at 43 Ok Reg, Number 18, effective 6-11-26