21 AAC 20.010. Subjects excluded from investigation

(a) In addition to subjects that are specifically excluded from the jurisdiction of the ombudsman by AS 24.55, the ombudsman may not investigate

(1) a complaint that, at the time the complaint is filed, is the subject of a judicial proceeding;

(2) a complaint that challenges the substantive content of the administrative decision of an agency if, at the time the complaint is filed,

(A) the decision is the subject of an administrative hearing or an administrative appeal; or

(B) the ombudsman determines that the decision may be resolved more appropriately by an administrative hearing or an administrative appeal for which the complainant may make timely application;

(3) a complaint that relates to an administrative act of which the complainant has had knowledge for more than one year before the complaint is filed;

(4) a complaint that constitutes the grievance of an employee covered by a collective bargaining agreement entered into between the employer and the employee's authorized bargaining agent if the bargaining agreement provides that its grievance-arbitration provision is the sole method of settling controversies or disputes arising under the agreement;

(5) a complaint filed by or on behalf of a municipality that employs a municipal attorney or that retains the services of an attorney for general legal counsel;

(6) a complaint for which it appears that applicable law or administrative procedures provided a remedy adequate in the circumstances for the complainant and the complainant did not avail himself of the remedy with no reasonable justification for the complainant's failure to do so; or

(7) a complaint as to which the ombudsman advises the complainant that disclosure of the complainant's identity is necessary to enable the ombudsman to conduct an investigation and the complainant refuses to allow disclosure of his or her identity.

(b) The ombudsman will, in his or her discretion, decline to investigate

(1) the complaint of a complainant whom the ombudsman reasonably believes has no interest in the result of the investigation other than that of a member of the general public;

(2) a complaint which the ombudsman believes the complainant has not given the agency an opportunity to resolve.

History: Eff. 9/16/84, Register 91; am 3/28/86, Register 97

Authority: AS 23.40.210

AS 24.55.090

AS 24.55.110

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