5124:1-1-04 Grievance appeals.

[This rule designated an internal management rule]

(A) Definitions.

(1) “Appellant” means a person who has been represented by the legal rights service (LRS) or has applied for and been denied representation, and whose grievance has been denied by the LRS administrator.

(2) “Confidential” means client information that is confidential under federal or state law, or otherwise governed by the LRS rules on confidentiality.

(3) “Privileged” means information that is subject to the attorney-client privilege as defined at section 2317.02 of the Revised Code or at common law.

(B) Non-grievance referrals.

Except where an appeal has been filed under this rule, in any case where a person contacts a member of the LRSC with a complaint regarding the LRS, the member shall refer the matter to the LRS administrator for processing as a grievance under the LRS grievance policy.

An appeal to the LRSC shall be filed at the LRSC headquarters within fifteen business days from the date the notice of the LRS administrator’s decision is sent. The LRSC, by majority vote, may allow the appeal to be filed out of time for good cause shown. The appeal may be filed orally or in writing.

(D) Upon acceptance of the filing, the following shall take place.

(1) A notice shall be sent to the appellant or, if different, the person with a disability who is the subject of the appeal, stating the time and date the LRSC will consider the appeal and outlining the procedure before the LRSC, including the time the appellant has to present the grievance, the possibility of presenting written materials to the LRSC; and the standards for review.

(2) The chair of the LRSC grievance committee shall be notified that an appeal has been filed.

(3) An appeal summary shall be prepared by the LRS and the prepared appeal summary along with copies of all grievance correspondence shall be sent to the members of the grievance committee.

(E) Meeting of the grievance committee.

(1) Before the next meeting of the LRSC, the grievance committee shall meet in executive session to conduct an inquiry into the circumstances of the appeal. At a minimum, the inquiry shall include a review of the grievance, a review of any materials supplied in support of the grievance, and the grievance summary prepared by the LRS.

(2) Subject to all confidentiality requirements set forth in Ohio and federal law, the LRS shall make the appellant’s case file available to the committee. Prior to the meeting and subject to all confidentiality requirements set forth in Ohio and federal law, any grievance committee member may request to be supplied with records relevant to the appeal.

(3) The grievance committee shall give an opportunity to the appellant to speak for a period of no more than ten minutes, during which time the appellant may present other information and arguments as to the validity of the grievance.

(4) After reviewing all material, the grievance committee shall set forth those facts that they determine to be valid and shall use the facts to develop a recommendation for the LRSC.

(F) Meetings of the LRSC.

(1) Upon notice from the LRS, the LRSC chair shall set the appeal on the agenda for the next regularly scheduled LRSC meeting. Should the grievance committee not be able to determine the facts and make a recommendation prior to that meeting, the LRSC will continue the discussion of the appeal until the next regularly scheduled meeting. When the appeal states that time is of the essence, the chair of the LRSC shall call a special meeting and shall place the appeal on the agenda.

(2) Prior to the meeting and subject to all confidentiality requirements set forth in Ohio and federal law, any LRSC member may request to be supplied with records relevant to the appeal.

(3) The LRSC shall consider the appeal in executive session. During the executive session, the grievance committee shall review the facts and findings that it made.

(4) When the LRSC adjourns from the executive session, the grievance committee shall present its recommendation regarding each appeal to the LRSC in the form of a motion. The motion shall not require a second. The LRSC may adopt or reject the recommendation of the committee by a simple majority. The decision of the LRSC is a final administrative decision.

(G) Standards for review.

(1) The LRSC shall summarily deny an appeal when:

(a) The appellant is not the person with a disability who has been represented by the LRS or the person who has applied for and been denied representation; or

(b) An application for service has been denied because the program for which the person is eligible has been closed due to lack of resources.

(2) In all other appeals, the LRSC shall consider the following factors when deciding an appeal:

(a) Whether staff followed the LRS policies and program requirements;

(b) Whether a case acceptance or case management decision was based on the LRS priorities for that federal fiscal year;

(d) Whether the LRS followed its grievance procedure in deciding the grievance.

(3) The LRSC shall deny any grievance appeal where, in the independent professional judgment of an LRS attorney, the relief sought has no legal merit.

(4) When any grievance appeal is denied, the LRSC may make recommendation regarding referrals or other means of advocacy for the LRS client.

(H) Attorney general: possible conflicts of interest.

The assistant attorney general for the commission shall be notified if the subject of the appeal is a client’s dispute with either a state agency or a state official who would be represented by the attorney general’s office. The assistant attorney general shall take appropriate steps to avoid a conflict of interest.

(I) Determination.

Written notice of the decision of the LRSC shall be sent to the appellant and, if different, the person with a disability who is the subject of the appeal. Information that is confidential shall not be provided to any person who is not otherwise entitled to obtain that information.

(J) Confidentiality.

(1) The LRSC shall maintain the confidentiality of any records that are required to be kept confidential. Any public deliberation of the appeal shall be by case number only.

(2) The LRSC or the grievance committee will not request, and the LRS will not send information that is privileged unless:

(a) The LRSC determines by a majority vote that the information is essential to resolving the appeal;

(b) The appellant is the person with a disability represented by the LRS, and

(c) The appellant has been provided with information and counsel regarding the attorney client privilege by the LRS administrator or his designee and acknowledges in writing on a form provided by the LRS that he or she still wishes to pursue the appeal.

Effective: 08/17/2009

Promulgated Under: 111.15

Statutory Authority: 111.15

Rule Amplifies: 5123.60(D)(1)