R500-3-10. De-Certification or Refusal to Certify an Employee or Volunteer

(1) The office may de-certify or refuse to certify an employee or volunteer for: (a) a failure of the employee or volunteer to maintain the criteria for certification; (b) a failure to follow the direction of the ombudsman regarding any ombudsman program procedure or practice. (c) a failure to perform or fulfill any of the volunteer's or employee's responsibilities; (d) a violation of the confidentiality requirements described in Section R500-3-19; (e) the existence of a conflict of interest; (f) the falsification of records; (g) the intentional failure of the employee or volunteer to disclose any conflict of interest; or (h) the performance of a function not authorized by the ombudsman program. (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)(a) The office shall provide written notice to the employee or volunteer of the intent to de-certify or refuse to certify. (b) The written notice shall specify: (i) the reasons for the de-certification or refusal to certify and the effective date of the de-certification or refusal to certify; and (ii) the affected employee or volunteer's right to request reconsideration by the ombudsman as part of the office's formal grievance policy. (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).