Section 325.14303. Recipient rights violations; complaints; procedures; remedies.

(1) A complaint of a recipient rights violation shall be made on a form provided by the office, whether made by a client or another person on behalf of a client or group of clients, and shall be distributed to the client, the program, the coordinating agency, and the office. All recipient rights communications shall comply with  state  and  federal confidentiality rules and regulations.

(2)   When circumstances prevent completion of the procedures outlined  in subrules

(3)        and   (5)    of    this    rule,     the    rights    advisor    or    rights consultant, whoever is responsible in the specific subrule, shall submit a

written report to the office rights coordinator stating  the  reasons  for tardiness and the actions being taken to expedite  completion  of  the procedures.

(3)   An initial complaint of a recipient rights  violation   shall  be investigated by the program rights advisor. The investigation   shall  be initiated within 10 working days of receipt of the complaint by the program rights advisor.

(4)    A written report, including the procedures followed in the conduct of the investigation, findings, conclusions, and recommended remedial actions, if any, to be implemented by the program, shall be  completed within 25 working days of receipt of the initial complaint. Copies of the report shall be submitted within 5 working days of completion to the complainant, coordinating agency recipient rights consultant, and to the office rights coordinator. This report shall serve as notice of the rights advisor's final recommendation for resolution of the complaint.

(5)          Recommended remedial action shall include time   limits  for implementation. The coordinating agency recipient rights consultant shall monitor the implementation of remedial actions recommended by the program rights advisor and shall notify the office rights coordinator of situations where time limits appear unreasonably short or long or where unforeseen problems cause a delay in implementation  of  recommended remedial actions.

(6)   If a complainant is not satisfied with the program's findings, conclusions, recommended remedial action, or implementation of recommended remedial action, the complainant may appeal within 15 working days of receipt of the written report to the coordinating agency rights consultant on forms provided by the office  and  distributed to programs by the coordinating agency. Copies of such appeals shall be  distributed  to the complainant and to the program and office rights coordinator within 5 working days of receipt of the appeal by the  coordinating agency rights consultant.

(7)    An appeal received by the coordinating agency shall be reviewed by the coordinating agency rights consultant within 10 working  days  of receipt,  unless  the time  limitation   is  waived  in  writing  by   the complainant.  The  coordinating   agency

rights  consultant  may  hold   an informal conference involving the complainant and the program director to determine the basis of the complaint and the position of the program.

(8)   If the coordinating agency recipient rights consultant finds that the findings, conclusions,   and   recommended    remedial   action   or   implementation  of recommended remedial action by the program resolves the problem that caused the complaint, such finding, including the rationale for such finding, shall be submitted in a written report and shall be mailed to the complainant, the program, and the office rights coordinator within 15 working days of receipt of the appeal. This report shall serve

as notice of the rights consultant's final recommendation for resolution of the complaint.

(9)    If the coordinating agency recipient rights consultant determines that the findings, conclusions, and recommended remedial action or implementation of recommended remedial action by the program do not appear to resolve the problem that caused the complaint, or if the coordinating agency rights consultant feels the issues cannot be satisfactorily resolved at an informal conference, then the coordinating agency rights consultant shall initiate an investigation of the case within 15 working days of receipt of the appeal.

(10)    A written report, including the procedures followed in the conduct of the investigation, findings, conclusions, and recommended remedial action to be implemented by the program director shall be completed by the coordinating agency rights consultant within 25 working days of receipt of the appeal at the coordinating agency. Copies of  the  report  shall  be submitted within 5 working days of  completion to the complainant, the program, and to the office rights coordinator. Such report shall serve  as

notice of the coordinating agency rights consultant's final recommendation for resolution of the complaint.

(11)     Any recommended remedial action shall include time limits for implementation and shall be evaluated by the coordinating agency recipient rights consultant for its effectiveness in resolving the problem that caused the complaint.

(12)   The complainant may appeal within 15 working days of receipt of the written report to the office rights coordinator on a form provided by the office and distributed by the coordinating agency. The office rights coordinator shall distribute copies of the appeal to the program and

coordinating agency within 5 working days of receipt. The office rights coordinator shall review the appeal within 10 working days of the receipt of the appeal. The office rights coordinator may hold an informal conference of concerned parties to further explore the issues.

(13)   If the office rights coordinator concurs with the coordinating agency, the complainant shall be so notified within 15 working days of receipt of the appeal by the office. Such notification shall include the rationale for the decision. The complainant shall also be informed that he or she may subsequently request, from the office administrator, a hearing pursuant to Act No. 306 of the Public Acts of 1969, as amended, being S24.201 et seq. of the Michigan Compiled Laws, if not satisfied with the decision of the office rights coordinator. Such request may be made  in  a letter to the

administrator from the complainant within 15 working days of receipt of the notification from the office rights coordinator.

(14)      If the office rights coordinator decides to reinvestigate the case, the complainant shall be so notified within 10 working days of receipt of the appeal. Copies of such notification shall be sent to the program rights advisor and to the coordinating agency rights consultant.

(15)   A written report of the investigation procedures,  findings,  and administrative or licensing action recommended to the office administrator and resulting from the office rights coordinator's investigation shall be completed within 25 working days of receipt of the appeal and  shall  be submitted to  the  administrator.  Copies  shall  be  distributed to the coordinating agency rights consultant and to the program rights advisor. Findings and recommended action shall be submitted to the complainant within 30 working days of receipt of the appeal. Such findings may be appealed in a letter to the administrator from the complainant within 15 working days of receipt of the findings.

History: 1981 AACS.