[OAC 5101-9-11]

The ODHS Civil Rights/EEO Section shall monitor the performance of the county agency and its contract providers to determine their compliance with this plan in relationship to the population of the agency's service area.

(1)County agency/provider reviews shall be performed as follows:

(a)The ODHS Civil Rights/EEO Section may initiate its own investigation if the regular flow of compliance data alerts ODHS of a possible problem.

(b)The ODHS Civil Rights/EEO Section will review a cross section of county agencies/providers each state fiscal year. Selection will be done on a random basis to reflect geographic distribution of county agencies/providers within the five districts.

(2)County agency/provider reviews by ODHS shall be conducted by mail, utilizing a survey form that gathers the following:

(a)Site location for services and programs.

(b)Referral sources for outreach.

(c)Evaluation of client participation in services.

(d)Range and provision of services.

(e)Accessibility of services for persons with disabilities.

(f)Representation on advisory and planning boards and councils.

(g)Employment practices (minority, aged, and disabled).

(3)ODHS reserves the right to perform its lawful obligation by inspecting sites and practices and materials that include, but are not limited to the following:

(a)Appointment books to verify that no distinction is made as to the time minority groups are served.

(b)Case files to establish service is being offered in a reasonably consistent manner to all individuals.

(c)Physical facilities to verify that consumers are not segregated in separate waiting rooms, service areas, or served inequitably through use of dissimilar equipment.

(d)Official and standard documents, records, and policies of contracted providers to establish adoption of the necessary civil rights policies.

(e)Publications, brochures, posters, policy manuals, employee handbooks, training materials to ensure that the notice of nondiscriminatory policies for applicants, recipients, and employees is included.

(f)The notice of nondiscrimination is posted as required by the ODHS civil rights compliance plan.

(4)A county provider found to be in violation will be notified in writing within 90 days after completion of the review. The county agency Civil Rights Coordinator/EEO Office will be notified to assist in developing a plan of corrective action.

(a)The provider must submit a plan or corrective action to the ODHS Civil Rights/EEO Section within 30 days of receipt of notification of noncompliance, which details the charges and establishes time frames for compliance.

(b)If no resolution is forthcoming within an additional 30 days, the complaint will be referred to the appropriate federal Office for Civil Rights to begin formal proceedings for termination of funding.

(5)Where the ODHS Civil Rights/EEO Section believes that the county agency or contract provider of services is not in compliance with one or more aspects of the ODHS civil rights compliance criteria, the ODHS Civil Rights/EEO Section shall, within 30 days of receipt of the report, develop a compliance agreement with the violating agency or contracted provider, which will detail steps to be taken to correct the deficiencies. Such steps shall be binding upon the agency or contracted provider.