Title 2 . Administration

Chapter 50 . Public Information

Section 815. Investigations

2 AAC 50.815. Investigations

(a) The staff of the commission shall undertake a preliminary investigation if, in the normal course of business, the commission or staff obtains information that, if true, would constitute a substantial violation of AS 24.60.200 - 24.60.260 or 2 AAC 50.705 - 2 AAC 50.890.

(b) If it initiates an investigation under (a) of this section, the staff of the commission shall

(1) prepare a written notice, which sets out the facts, information, and law involved; and

(2) promptly provide the written notice and a copy of supporting documentation to the respondent and the commission.

(c) In conducting a preliminary investigation, the staff of the commission may

(1) use a method set out in AS 15.13.045 ;

(2) request a written and sworn statement from a party, witness, or person who has information relevant to the investigation; and

(3) request the services of the Alaska State Troopers or a private investigator to secure factual information pertinent to the investigation.

(d) Upon the conclusion of a preliminary investigation, the staff of the commission shall provide a written summary of the investigation's findings to the commission at the next regularly scheduled meeting of the commission or at a special meeting. The summary must include a staff recommendation for dismissal, for a hearing, for imposition of civil penalties, or for a referral to the Select Committee on Legislative Ethics or to a law enforcement agency. The staff shall provide notice of the meeting and a copy of the summary to the respondent and to the individual, if any, who filed an inquiry under 2 AAC 50.810. The decision of the commission on the preliminary investigation will be sent by certified mail to the respondent and to the individual, if any, who made the inquiry.

(e) If the staff of the commission investigates an inquiry, the respondent may file an answer to the inquiry. The answer must be in writing, signed by the respondent, and notarized. The answer must contain

(1) an admission or denial of the alleged violation;

(2) all defenses, if any, that the respondent expects to assert to the alleged violation; and

(3) documentation or other evidence that is available to the respondent and relevant to the inquiry.

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

Authority: AS 15.13.045

AS 24.60.220

AS 24.60.240

AS 24.60.250

AS 24.60.260