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Title 21 . Ombudsman
Chapter 20 . Investigations
Section 160. Conflicts

21 AAC 20.160. Conflicts

(a) If, during the course of an investigation, the ombudsman determines that investigation of a complaint by an ombudsman assistant involves a conflict of interests or that investigation by the ombudsman assistant may have the appearance of a conflict of interests, the ombudsman will promptly transfer the matter from the ombudsman assistant to another member of the staff for completion of the investigation.

(b) If the ombudsman's own investigation of a complaint would involve a conflict of interests or the appearance of a conflict of interests, the ombudsman will promptly transfer the matter to another member of the staff for completion of the investigation. The ombudsman will, in his or her discretion, review and present his or her finding, opinion, and recommendation for a complaint which he or she has transferred for investigation under this subsection. However, the finding, opinion, or recommendation that the ombudsman presents in the preliminary report to the agency and in the notification to the complainant concluding the investigation will disclose the reason for the ombudsman's belief that a conflict or apparent conflict of interests exists.

(c) The ombudsman will, in his or her discretion, assign to one ombudsman assistant for purposes of investigation complaints that make opposite or contradictory assertions regarding the same administrative act unless the ombudsman determines that an assignment to one ombudsman assistant may prejudice or disadvantage a complainant, the agency, the interests of the general public, or the conduct of the investigation.

History: Eff. 3/28/86, Register 97

Authority: AS 24.55.090


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Last modified 7/05/2006