1. (1) The office may de-certify or refuse to certify an employee or volunteer for:

   1. (a) a failure of the employee or volunteer to maintain the criteria for certification;
   2. (b) a failure to follow the direction of the ombudsman regarding any ombudsman program procedure or practice.
   3. (c) a failure to perform or fulfill any of the volunteer's or employee's responsibilities;
   4. (d) a violation of the confidentiality requirements described in Section R500-3-19;
   5. (e) the existence of a conflict of interest;
   6. (f) the falsification of records;
   7. (g) the intentional failure of the employee or volunteer to disclose any conflict of interest; or
   8. (h) the performance of a function not authorized by the ombudsman program.
2. (2) The office shall consult with the applicable local area agency to consider remedial action before de-certifying or refusing to certify an employee or volunteer.

3. (3)(a) The office shall provide written notice to the employee or volunteer of the intent to de-certify or refuse to certify.

   1. (b) The written notice shall specify:

      1. (i) the reasons for the de-certification or refusal to certify and the effective date of the de-certification or refusal to certify; and
      2. (ii) the affected employee or volunteer's right to request reconsideration by the ombudsman as part of the office's formal grievance policy.
4. (4) Upon completion of the de-certification or refusal to certify, the office shall record the action in the central registry described in Subsection R500-3-3(14).

KEY: ombudsman, LTCO

Date of Last Change: October 9, 2025

Authorizing, and Implemented or Interpreted Law: 26B-2-3, 42 U.S.C. 3058g, 45 CFR 1324(A)