(A) Representatives of the office shall refer to the SLTCO, in a manner established by the SLTCO, any of the following complaints:
(1) A complaint posing a conflict of interest that cannot be remedied by reassigning the complaint to another representative.
(2) A complaint the consumer wants the SLTCO to handle.
(3) A complaint that is frivolous, vexatious, or not made in good faith.
(4) A complaint made so long after the actual occurrence that it is no longer reasonable to conduct an investigation.
(5) A complaint for which an adequate investigation cannot be conducted because of insufficient funds, staff, expertise, or other factor that could result in an inadequate investigation .
(B) The SLTCO shall determine whether complaints warrant investigation. The STLCO's determination in this matter is final.
(C) 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 consumer and/or complainant, if possible, and the regional program of the reasons the complaint shall not be handled.
Five Year Review (FYR) Dates: 1/30/2018 and 05/01/2023
Promulgated Under: 119.03
Statutory Authority: 173.01, 173.02, 173.20 ; 42 U.S.C. 3025(a)(1)(C), 3058g(a)(5)(D); 45 C.F.R. 1321.11, 1324.11(e)(2), 1324.13(b)(1), 1324.15(b)
Rule Amplifies: 173.15 ; 173.20 ; 42 U.S.C. 3058g; 45 C.F.R. 1321.11, 1324.11(e)(2), 1324.19(b)
Prior Effective Dates: 06/15/1991, 12/27/2001, 12/28/2006