Ohio Admin. Code 5123-11-02 - Administrative resolution of complaints involving the Ohio department of developmental disabilities
(A)
Purpose
This rule establishes a procedure for the filing and resolution of complaints involving the programs, services, policies, or administrative practices of the Ohio department of developmental disabilities ("department") or an entity under contract with the department.
(B)
Scope
(1)
Any aggrieved person or organization, including a
county board of developmental disabilities, may file a complaint involving the
programs, services, policies, or administrative practices of the department or
an entity under contract with the department except:
(a)
An employee of
the department may not file a complaint under this rule.
(b)
A complaint
regarding investigation of a major unusual incident will follow the procedure
set forth in rule
5123-17-02 of the Administrative
Code and is not subject to this rule.
(c)
A matter subject
to the medicaid appeal processes in section
5160.31 of the Revised Code and
Chapters 5101:6-1 to 5101:6-9 of the Administrative Code is not subject to this
rule.
(d)
A matter related to the early intervention program
established under part C of the Individuals with Disabilities Education Act,
20 U.S.C.
1431 through
1445, as in effect on the
effective date of this rule, and 34 C.F.R. 303, as in effect on the effective
date of this rule, is not subject to this rule.
(e)
A matter over
which another governmental entity or tribunal has jurisdiction is not subject
to this rule.
(2)
An aggrieved person or organization must follow the
procedure set forth in this rule before commencing a civil
action.
(3)
This rule is not intended to provide any right or cause
of action that does not exist absent this rule.
(C)
Procedure
(1)
An aggrieved
person or organization must file a complaint in writing with the director of
the department within ninety calendar days of the action which is the subject
of the complaint and include, to the extent known to the complainant:
(a)
The facts giving
rise to the complaint.
(b)
The name, address, email address, and telephone number
of each person involved in the complaint.
(c)
Previous actions
taken to resolve the complaint.
(d)
A citation to any
statute and/or administrative rule the complainant contends was not
followed.
(2)
The director of the department or the director's
designee may:
(a)
Obtain additional relevant information and conduct
interviews with any relevant parties.
(b)
Offer mediation
to the parties involved in the complaint.
(3)
The director of
the department will issue a written decision within thirty calendar days of
receipt of the complaint.
(4)
The director of the department may extend the timelines
set forth in this rule for good cause.
Replaces: 5123:2-17-01
Notes
Promulgated Under: 119.03
Statutory Authority: 5123.04, 5123.043
Rule Amplifies: 5123.04, 5123.043
Prior Effective Dates: 09/24/1987, 11/02/1996, 02/23/2012, 01/18/2018
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