Section 9.64.040. Investigation of complaints.

	(a)  The attorney general will designate an investigator to investigate a complaint if the subject of the complaint is  
		(1) the chief administrative law judge, and the attorney general determines that the complaint alleges conduct that, if true, would constitute a violation of  
			(A) AS 44.64.050(a); or  
			(B) 2 AAC 64.010 - 2 AAC 64.050 warranting disciplinary action; or   
		(2) an administrative law judge or hearing officer, and the chief administrative law judge referred the complaint to the attorney general for investigation.  
	(b)  When the attorney general designates an investigator to investigate a complaint, the attorney general will notify in writing the person making the complaint and the subject of the complaint. In the notice, the attorney general will identify the investigator.  
	(c)  The person making the complaint or the subject of the complaint may object to the designated investigator by submitting to the attorney general a written statement describing the grounds for objection. An objection is timely if the attorney general receives the written statement of objection within 15 days of the date of distribution of the attorney general's notice of designation of the investigator. If the attorney general receives a timely objection, the attorney general will consider the objection and determine whether the designated investigator can fairly and impartially investigate the complaint. If the attorney general determines that the designated investigator cannot fairly and impartially investigate the complaint, the attorney general will withdraw the designation and designate a different investigator, subject to the notice and objection provisions of (b) of this section and this subsection. If the attorney general determines that the designated investigator can fairly and impartially investigate the complaint, the attorney general will notify in writing the person making the complaint and the subject of the complaint.  
	(d)  The investigator shall send a copy of the complaint to the subject of the complaint by mail, facsimile transmission, electronic mail, or hand delivery.  
	(e)  The investigator may require the subject of a complaint to provide, within 20 days after the complaint is sent, a written response to the complaint, disclosing all facts and circumstances pertaining to the alleged violations or explaining why the subject of the complaint cannot then disclose all facts and circumstances pertaining to the alleged violations. The investigator may, in writing, grant the subject of a complaint additional time to respond to the complaint if the subject of the complaint requests additional time. Failure to provide a response within the prescribed time, or within any additional time that the investigator grants in writing, may be considered an admission of the allegations in the complaint.  
	(f)  The investigator shall investigate the complaint to determine whether there is probable cause to believe that a violation of AS 44.64.050 or 2 AAC 64.010 - 2 AAC 64.050 occurred. The investigator may question witnesses, request documents, and conduct other investigatory activities.  
	(g)  After investigation, the investigator shall prepare and submit to the attorney general a proposed written determination of whether there is probable cause to believe that a violation of AS 44.64.050 or 2 AAC 64.010 - 2 AAC 64.050 occurred. The attorney general may accept, reject, or modify the investigator's proposed determination, or direct the investigator to conduct additional investigation. The attorney general will determine whether there is probable cause to believe that a violation of AS 44.64.050 or 2 AAC 64.010 - 2 AAC 64.050 occurred.   

Authorities

44.64.050

Notes

Reference

9 AAC 64.030

Authority

AS 44.64.050

History

Eff. 10/29/2006, Register 180