Section 21.25.130. Grounds for discontinuing investigation of a complaint.

	(a)  The ombudsman will close a complaint without further investigation for any of the following reasons:  
		(1) the complainant becomes a party to a judicial proceeding that may address all of the allegations that are being investigated by the ombudsman;  
		(2) the merits of the complaint have become the subject of a court decision, such that further investigation by the ombudsman would require the ombudsman to make findings on an issue ruled upon by the court;  
		(3) the complainant withdraws permission for the ombudsman to contact agency staff; refuses to grant the ombudsman permission to discuss the complaint with other individuals who the ombudsman believes may have information relevant to the investigation, or otherwise prevents adequate investigation of the complaint.  
	(b)  The ombudsman may close a complaint without further review or investigation for any of the following reasons:  
		(1) the complainant or the agency becomes a party to an administrative hearing or appeal that may provide a remedy for the complaint;  
		(2) the ombudsman determines that there is insufficient evidence to support the allegations in the complaint, and that further investigation is unlikely to yield additional relevant evidence;  
		(3) the ombudsman determines that efforts to resolve the complaint during the investigation have failed, and further investigation is unlikely to result in recommendations that will provide a remedy for the complainant or improve public administration;  
		(4) the ombudsman determines that investigation of the complaint will require specialized expertise that the ombudsman does not have and cannot readily obtain, taking into account the funds available to the ombudsman;  
		(5) the complaint alleges misconduct by an officer or employee of an agency, and the ombudsman has referred the complaint to the chief executive officer of the agency, the district attorney, or to law enforcement for further investigation;  
		(6) the complainant withdraws the complaint, or fails to maintain current contact information with the ombudsman and cannot be contacted through reasonable efforts;  
		(7) the ombudsman determines that the complaint no longer meets the ombudsman's priorities for investigation under 21 AAC 25.070;  
		(8) The ombudsman determines that investigation of the complaint should have been declined for a reason stated in AS 24.55.110 or 21 AAC 25.060.  

Authorities

24.55.090;24.55.110;24.55.220

Notes

Authority

AS 24.55.090 AS 24.55.110 AS 24.55.220

History

Eff. 6/7/2015, Register 214