Ohio Admin. Code 173-14-12 - Separation of representatives from the office
The separation of a
(A)
(1) No representative of the office shall be
decertified or removed as a candidate for certification without cause. Cause
shall include, but shall not be limited to, the following:
(a) Failure to follow policies and procedures
that conform to sections
173.14
to
173.27
of the Revised Code and this chapter.
(b) Failure to provide services according to
sections
173.14
to
173.27
of the Revised Code, this chapter, the service contract, and the approved
ombudsman plan.
(c) Performing a
function not recognized or sanctioned by the office .
(d) Failure to meet the required
qualifications.
(e) Failure to meet
continuing education requirements.
(f) Intentional failure to reveal a conflict
of interest.
(g) The
misrepresentation of the representative 's category of certification or the
duties the representative is certified to perform.
(h) Failure to perform official duties in
good faith.
(i) Conduct unbecoming
a representative of the office .
(j)
Violations of Ohio ethics laws.
(2) The SLTCO and sponsoring agencies may
attempt to assure satisfactory job performance through professional
development, supervision, or other remedial actions before recommending
decertification.
(3) Regional
program directors, sponsoring agencies, and SLTCO staff recommending
decertification or removal shall state their reasons in writing,
and shall provide any relevant documentation to support the recommendation, to the SLTCO .
(4) The SLTCO shall review the recommendation
and make a determination to accept or deny the recommendation in the form of a
written notice to the sponsoring agency, regional program director, and the
representative. A paid representative may appeal the the notice according to rule
173-14-27
of the Administrative Code.
(5)
When the SLTCO initiates a decertification action against a representative of
the office , the SLTCO shall provide written
notification to
notify the sponsoring
agency , the regional program , and the representative. A paid representative may
appeal the notice according to rule
173-14-27
of the Administrative Code.
(B)
(1) Any
person who separates from the office shall cease to be a representative of the
office . The identification card of a person separated from the office must be
surrendered to the SLTCO. The SLTCO or regional program director shall notify
the person in writing that the identification card must be surrendered within
seven days after receiving the notice.
(2) Regional programs shall notify the SLTCO
of the separation of any representative from the office and the reason for the
separation no later than thirty days after the separation of a volunteer and
immediately after the separation of a paid representative.
(3) As appropriate, regional programs shall
notify affected long-term care providers of the representative 's separation
from the office .
(C)
(1) A certified representative of the office
who voluntarily separates from the office may, within one year after
separation, apply for reinstatement of certification when the representative
becomes reemployed by or accepted as a volunteer of the office . Any person
seeking recertification shall apply in writing, email,
or through the ombudsman registry to the SLTCO . The application shall
provide the date of separation and a summary of any professional development in
or experience with ombudsman skills, long-term care services , problem
resolution skills, or related skills the applicant may have received since
voluntarily separating from the office.
(2) The SLTCO shall review the application
and may require the applicant to receive additional professional development,
and/or take an appropriate examination based upon the length of time the
applicant has been away from the field, and the experience or professional
development the applicant has accumulated in the interim. The SLTCO shall make
the decision no later than five business days after receipt of the
request.
Notes
Promulgated Under: 119.03
Statutory Authority: 121.07, 173.01, 173.02, 173.16, 173.21; 42 U.S.C. 3025, 3058g; 45 C.F.R. 1321.11, 1324.11, 1324.13, 1324.15
Rule Amplifies: 173.16, 173.21; 42 U.S.C. 3058g; 45 C.F.R. 1321.11, 1324.11
Prior Effective Dates: 07/11/1991, 12/27/2001, 12/28/2006, 05/01/2018
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