1. (1) Any individual may make a complaint to the Authority, verbally or in writing about the following:

   1. (a) Care or services provided by a certified THW, including an applicant for the THW registry;
   2. (b) Violation of statutes or these rules by an approved THW training program.
2. (2) The identity of an individual making a complaint shall be kept confidential to the extent allowed by law but may be disclosed as necessary to conduct the investigation; this may include disclosing the complainant’s identity to the THW’s employer.
3. (3) If a complaint involves an allegation of criminal conduct or conduct within the jurisdiction of another local, state, or federal agency, the Authority shall refer the matter to the appropriate agency.

4. (4) The Authority shall investigate complaints and take any actions that are necessary for resolution. An investigation may include but is not limited to:

   1. (a) Interviews of the complainant, program management or staff, and students;
   2. (b) Interviews of the complainant, caregivers, THW clients, client representatives, client family members, witnesses, and employer management and staff;
   3. (c) On-site observations of the training program, the client, THW performance, and client environment; and
   4. (d) Review of documents and records.
5. (5) The Authority may utilize complaint and investigation findings to identify trends and potential areas for quality improvement.
6. (6) The results of complaint investigation may be published to the public by the Authority.

Statutory/Other Authority

ORS 413.042, 414.635 & 414.665

Statutes/Other Implemented

414.665 & ORS 414.635

History

DMAP 40-2023, renumbered from 410-180-0380, filed 05/04/2023, effective 05/04/2023
DMAP 80-2018, amend filed 07/06/2018, effective 07/06/2018
DMAP 56-2016, f. 9-30-16, cert. ef. 10-1-16
DMAP 66-2013, f. & cert. ef. 12-3-13
DMAP 42-2013(Temp), f. & cert. ef. 8-2-13 thru 1-29-14