Ohio Administrative Code|Rule 5123:2-17-01 | Administrative resolution of complaints involving the Ohio department of developmental disabilities.

                                                
(A) This rule establishes procedures for
		  the filing and resolution of complaints involving the programs, services,
		  policies, or administrative practices of the Ohio department of developmental
		  disabilities ("department") or an entity under contract with the
		  department.
(B) Any aggrieved person or organization,
		  including a county board of developmental disabilities, may file a complaint
		  involving the programs, services, policies, or administrative practices of the
		  department or an entity under contract with the department except:
(1) An employee of the
			 department may not file a complaint under this rule.
(2) A complaint regarding
			 investigation of a major unusual incident shall follow the procedure set forth
			 in rule 5123:2-17-02 of the Administrative Code and is not subject to this
			 rule.
(3) A matter subject to
			 the medicaid appeal processes in section 5160.31 of the Revised Code and
			 Chapters 5101:6-1 to 5101:6-9 of the Administrative Code is not subject to this
			 rule.
(4) A matter related to
			 the early intervention program established under part C of the Individuals with
			 Disabilities Education Act, 20 U.S.C. 1431 through 1445, as in effect on the
			 effective date of this rule, and 34 C.F.R. 303, as in effect on the effective
			 date of this rule, is not subject to this rule.
(5) A matter over which
			 another governmental entity or tribunal has jurisdiction is not subject to this
			 rule.
(C)  A complaint must be filed with the
		  director of the department within ninety calendar days of the action which is
		  the subject of the complaint. A complaint shall be in writing and include, if
		  known to the complainant:
(1) The facts giving rise
			 to the complaint;
(2) The name, address,
			 email address, and telephone number of each person involved in the
			 complaint;
(3) Previous actions
			 taken to resolve the complaint; and
(4) A citation to any
			 statute and/or administrative rule the complainant contends was not
			 followed.
(D) The director of the department or his
		  or her designee may obtain additional relevant information and conduct
		  interviews with any relevant parties.
(E) The director of the department or his
		  or her designee may offer mediation to the parties involved in the
		  complaint.
(F) The director of the department shall
		  issue a written decision within thirty calendar days of receipt of the
		  complaint.
(G) The timelines set forth in this rule
		  may be extended by the director of the department for good cause.
(H) The process set forth in this rule
		  shall be followed before commencing a civil action. This rule is not intended
		  to provide any right or cause of action that does not exist absent this
		  rule.