6 AAC 25.440. Processing of complaint

(a) To review a complaint that is filed without a request for hearing under 6 AAC 25.450(a) , or to hear a complaint for which a hearing has been requested, the director will, if the director has not been directly involved in the actions or events that are the subject of the complaint,

(1) review or hear the complaint personally, and make a final determination on the complaint;

(2) designate an employee of the division to review or hear the complaint, and to prepare a proposed determination for the director's consideration; or

(3) appoint a hearing officer from outside the division to review or hear the complaint, and to prepare a proposed determination for the director's consideration.

(b) A designee of the director or hearing officer under (a) of this section may not be, and may not have been, directly involved in the actions or events that are the subject of the complaint, and may not directly supervise or be directly supervised by any respondent.

(c) If the director has been directly involved in the actions or events that are the subject of the complaint, the director will refer the complaint, for resolution under 6 AAC 25.400 - 6 AAC 25.490, to the director of the office of management and budget within the office of the governor, or to a member of office of management and budget designated by the director of the office of management and budget.

(d) The director, director's designee, or hearing officer may consolidate complaints if they relate to the same actions or events, or if they raise common questions of law or fact.

(e) The director will, or the director's designee or a hearing officer shall, allow a complainant to proceed with the assistance of an English language or American Sign Language interpreter if the complainant is unable to proceed without assistance of an interpreter. A complainant who needs an interpreter is responsible for securing and paying for the services of the interpreter, except to the extent that federal law requires that the state be responsible for payment for interpreter services.

(f) The director will, or the director's designee or a hearing officer shall, in coordination with the parties, establish a schedule under which the complainant and respondent may file written submissions concerning the complaint and under which the complaint will be finally determined.

(g) The director will, or the director's designee or a hearing officer shall, compile and maintain an official record in connection with each complaint under 6 AAC 25.400 - 6 AAC 25.490, including the following materials:

(1) a copy of the complaint, including any amendments made with the permission of the director;

(2) a copy of any written submission by the complainant;

(3) a copy of any written response by any respondent or other interested person;

(4) a written report of any investigation conducted by employees of the division; those employees may not be, and may not have been, directly involved in the actions or events that are the subject of the complaint, and may not directly supervise or be directly supervised by any respondent;

(5) copies of all notices and correspondence to or from the director in connection with the complaint;

(6) originals or copies of any tangible evidence produced at any hearing conducted under 6 AAC 25.450;

(7) the original tape or electronic recording produced at any hearing conducted under 6 AAC 25.450, and a copy of any transcript obtained or filed, subject to 6 AAC 25.450(f) , for inclusion in the record; and

(8) a copy of any final determination made under 6 AAC 25.460 or 6 AAC 25.470.

History: Eff. 8/29/2003, Register 167

Authority: AS 15.15.010

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