(A) Representatives of the office shall refer to the SLTCO, in a manner established by the SLTCO, any complaints:
(1) That pose a conflict of interest to the representative or the regional program that cannot be remedied by reassigning the complaint to another representative;
(2) That the client has chosen to have handled by the SLTCO;
(3) That are frivolous, vexatious, or not made in good faith;
(4) That were made so long after the actual occurrence that it is no longer reasonable to conduct an investigation;
(5) For which an adequate investigation cannot be conducted because of insufficient funds, staff, expertise, or other factor that could result in an inadequate investigation despite a good faith effort by the representatives; or,
(B) The SLTCO shall provide updates on the progress and disposition of a case to the referring regional program. For those complaints which the SLTCO determines do not warrant handling, the SLTCO shall notify the client and/or complainant, if possible, and the regional program of the reasons the complaint will not be handled.
Five Year Review (FYR) Dates:
Promulgated Under: 119.03
Statutory Authority: 173.01, 173.02, 173.20 ; Sections 305(a)(1)(C) and 712(a)(5)(D) of the Older Americans Act of 1965, 79 Stat. 210, 42 U.S.C. 3001, as amended in 2006; 45 C.F.R. 1321.11 (October 1, 2014 edition).
Rule Amplifies: 173.20 ; Section 712 of the Older Americans Act of 1965, 79 Stat. 210, 42 U.S.C. 3001, as amended in 2006.
Prior Effective Dates: 06/15/1991, 12/27/2001, 12/28/2006