Rule 173-14-12 | Separation of representatives from the office.
The separation of an ombudsman from the office may occur through termination by the regional program or sponsoring agency with which the ombudsman is employed, decertification, voluntary separation, or removal of the candidate for certification.
(A) Decertification or removal of a candidate for certification:
(1) No ombudsman may be decertified or removed as a candidate for certification without cause. Cause includes, but is not limited to, the following:
(a) Failure to provide services according to sections 173.14 to 173.27 of the Revised Code, this chapter, the service contract, or the approved ombudsman plan.
(b) Performing a function not recognized or sanctioned by the office.
(c) Failure to meet the qualifications to be a ombudsman.
(d) Failure to meet continuing education requirements.
(e) Intentional failure to reveal a conflict of interest.
(f) The misrepresentation of the ombudsman's category of certification or the duties the ombudsman is certified to perform.
(g) Failure to perform official duties in good faith.
(h) Conduct unbecoming an ombudsman of the office.
(i) Violations of Ohio ethics laws.
(2) The SLTCO and sponsoring agencies may attempt to improve a ombudsman's job performance through training, supervision, or other remedial actions before recommending decertification.
(3) Regional program directors, sponsoring agencies, and SLTCO staff recommending decertification or removal shall state their reasons in writing to the SLTCO and provide the SLTCO with any relevant documentation to support the recommendation.
(4) The SLTCO shall review the recommendation and determine whether to accept or deny the recommendation in the form of a written notice to the sponsoring agency, regional program director, and the ombudsman. A paid ombudsman may appeal the notice according to rule 173-14-27 of the Administrative Code.
(5) When the SLTCO initiates a decertification action against an ombudsman, the SLTCO shall notify the sponsoring agency, the regional program, and the ombudsman. A paid ombudsman may appeal the notice according to rule 173-14-27 of the Administrative Code.
(B) Responsibilities after separation:
(1) The SLTCO or regional program director shall notify any person who separates from the office in writing of the responsibility to surrender the identification card within seven days after receiving the notice because any person who separates from the office ceases to be an ombudsman.
(2) Regional programs shall notify the SLTCO of the separation of any ombudsman from the office and the reason for the separation no later than thirty days after the separation of a volunteer and immediately after the separation of a paid ombudsman.
(3) As appropriate, regional programs shall notify affected long-term care providers of the ombudsman's separation from the office.
(C) Reinstatement:
(1) Any person seeking recertification within one year after voluntarily separating from the office may apply for reinstatement in writing, email, or through the ombudsman administrative system. The application shall provide the date of separation and a summary of any training in or experience with ombudsman skills, long-term care services, problem resolution skills, or related skills the applicant received since voluntarily separating from the office.
(2) The SLTCO shall review the application and may require the applicant to receive additional training, and/or take an appropriate exam based on the length of time the applicant has been away from the field, and the experience or training the applicant has accumulated in the interim. The SLTCO shall decide no later than five business days after receipt of the request.
Last updated November 12, 2025 at 7:54 AM
Supplemental Information
Amplifies: 173.16, 173.21; 42 U.S.C. 3058g; 45 C.F.R. 1324.11
Five Year Review Date: 11/8/2030
Prior Effective Dates: 7/11/1991, 12/27/2001, 12/28/2006, 5/1/2018, 1/28/2022, 8/1/2024