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115.352
(b)
Exhaustion of administrative remedies
Does the agency permit residents to submit a grievance regarding
an allegation of sexual abuse without any type of time limits? (The
agency may apply otherwise-applicable time limits to any portion
of a grievance that does not allege an incident of sexual abuse.)
(N/A if agency is exempt from this standard.)
yes
Does the agency always refrain from requiring an resident to use
any informal grievance process, or to otherwise attempt to resolve
with staff, an alleged incident of sexual abuse? (N/A if agency is
exempt from this standard.)
yes
115.352
(c)
Exhaustion of administrative remedies
Does the agency ensure that: A resident who alleges sexual abuse
may submit a grievance without submitting it to a staff member
who is the subject of the complaint? (N/A if agency is exempt from
this standard.)
yes
Does the agency ensure that: Such grievance is not referred to a
staff member who is the subject of the complaint? (N/A if agency
is exempt from this standard.)
yes
115.352
(d)
Exhaustion of administrative remedies
Does the agency issue a final agency decision on the merits of any
portion of a grievance alleging sexual abuse within 90 days of the
initial filing of the grievance? (Computation of the 90-day time
period does not include time consumed by residents in preparing
any administrative appeal.) (N/A if agency is exempt from this
standard.)
yes
If the agency determines that the 90 day timeframe is insufficient
to make an appropriate decision and claims an extension of time
(the maximum allowable extension of time to respond is 70 days
per 115.352(d)(3)) , does the agency notify the resident in writing
of any such extension and provide a date by which a decision will
be made? (N/A if agency is exempt from this standard.)
yes
At any level of the administrative process, including the final level,
if the resident does not receive a response within the time allotted
for reply, including any properly noticed extension, may a resident
consider the absence of a response to be a denial at that level?
(N/A if agency is exempt from this standard.)
yes
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