If the State Ombudsman refuses, suspends, or terminates certification of a representative of the Office, the person whose certification was refused, suspended, or terminated may file a grievance to request that the State Ombudsman reconsider the decision to refuse, suspend, or terminate certification in accordance with this section.

1. (1) To request a grievance under this section, the grievant must complete HHSC form "Grievance Regarding Ombudsman Certification Decision" and submit the completed form to the Office within 30 days of a decision.

2. (2) If the Office receives a completed form described in paragraph (1) of this section, the State Ombudsman:

   1. (A) reviews the form;
   2. (B) determines whether the decision to refuse, suspend, or terminate certification is affirmed, modified, or reversed;
   3. (C) sends a response to the grievant which includes a description of the State Ombudsman's determination; and
   4. (D) takes any necessary action in accordance with the determination.
3. (3) In accordance with 45 CFR §1324.11(e)(7), the State Ombudsman makes the final determination regarding the refusal, suspension, or termination of certification of a representative of the Office.

Source Note:The provisions of this §88.603 adopted to be effective May 22, 2024, 49 TexReg 3566.