5124-4-04 Investigations.

(A) The ombudsman section shall conduct an investigation within twenty-four hours if the complaint or allegation provides cause to believe that an immediate and substantial threat to the health or safety of a person exists.

(B) The ombudsman shall investigate complaints received in conducting the investigation, the ombudsman section may make necessary inquiries and obtain information it considers necessary.

(C) Following an investigation, the ombudsman section may decline to pursue any complaint it determines is frivolous, vexatious, not made in good faith, or adverse to the wishes of the affected person

(D) For the purposes of this rule, a complaint shall be considered to be frivolous if it appears to be without any substantial basis in fact A complaint shall be considered to be vexatious or not made in good faith if,

(1) It appears to be the result of spite or of willful vengeance, or there is evidence of a pattern of harassment; and

(2) There is no substantial basis in fact for the complaint.

(E) The decision not to pursue a complaint under this division is subject to the LRS grievance procedure at rule 5124-1-06 of the Administrative Code.

(F) For purposes of carrying out its investigations, the ombudsman shall have ready access to the premises and records of all providers of services to any person and shall have the right to communicate in a private and confidential setting with any person, with the person’s parents, guardians, or advocates, and with employees of any provider pursuant to section 5123.602 of the Revised Code.

HISTORY: Eff 3-23-87 (Emer.); 6-26-87; 5-10-98

Rule promulgated under: RC 119.03

Rule authorized by: RC 5123.601

Rule amplifies: RC 5123.601 to 5123.604 119.03

REVIEW DATE: May 10, 2003