Title 2 . Administration

Chapter 50 . Public Information

Section 810. Public inquiries

2 AAC 50.810. Public inquiries

(a) An individual may make with the commission an inquiry that alleges a violation of AS 24.60.200 - 24.60.260 or 2 AAC 50.705 - 2 AAC 50.890.

(b) An inquiry made under (a) of this section must be in writing, signed by the individual, and notarized. The inquiry must contain

(1) the name and address of the individual who made the inquiry;

(2) the name of the respondent;

(3) the specific provision in AS 24.60.200 - 24.60.260 or 2 AAC 50.705 - 2 AAC 50.890 that the individual who made the inquiry believes the respondent violated;

(4) a detailed description of the specific facts in support of the inquiry's allegations;

(5) an explanation of the basis on the part of the individual who made the inquiry for knowledge of the specific facts in support of the inquiry's allegations; this explanation must

(A) distinguish between a fact that is based on personal knowledge and one that is based on another source; and

(B) identify the source of a fact, if the fact is not based on personal knowledge; and

(6) documentation or other evidence that is relevant to the inquiry and available to the individual making the inquiry.

(c) Upon receipt of an inquiry, the staff of the commission shall provide the respondent with a copy of the inquiry, copies of any accompanying documents, and a copy of 2 AAC 50.810 - 2 AAC 50.825.

(d) The staff of the commission shall determine whether the facts in support of the allegations in an inquiry made under (a) of this section, if those facts were true, would constitute a violation of AS 24.60.200 - 24.60.260 or 2 AAC 50.705 - 2 AAC 50.890.

(e) If the staff of the commission determines under (d) of this section that the facts in support of the allegations in an inquiry, if those facts were true, would not constitute a violation of AS 24.60.200 - 24.60.260 or 2 AAC 50.705 - 2 AAC 50.890, the staff shall notify the individual who made the inquiry, the respondent, and the commission that the staff will not investigate the inquiry.

(f) If an individual who makes an inquiry disagrees with a determination by the staff of the commission under (e) of this section, the individual may file with the commission a written request for the commission to review the determination by the staff. The staff of the commission shall send a copy of the request to the respondent. The commission will consider the request at its next meeting unless the commission, in its discretion, finds good cause to consider the request at a different meeting. Upon the conclusion of the meeting, the commission will

(1) uphold the staff's determination and direct the staff not to investigate the inquiry; or

(2) reverse the staff's determination and direct the staff to investigate the inquiry under 2 AAC 50.815.

(g) If the staff of the commission determines under (d) of this section that the facts in support of an inquiry, if those facts were true, would constitute a violation of AS 24.60.200 - 24.60.260 or 2 AAC 50.705 - 2 AAC 50.890, the staff shall

(1) notify the individual who made the inquiry, the respondent, and the commission that the staff will investigate the inquiry; and

(2) investigate the inquiry under 2 AAC 50.815.

History: Eff. 7/20/95, Register 135

Authority: AS 24.60.220

AS 24.60.240

AS 24.60.250

AS 24.60.260