21 AAC 20.200. Discontinuing an investigation

(a) The ombudsman will discontinue an investigation, with written notice to the complainant, if, during the course of the investigation

(1) the ombudsman determines that the subject matter of the complaint is not within the jurisdiction of the office under AS 24.55;

(2) the ombudsman determines that disclosure of the complainant's name is necessary to enable the ombudsman to carry out an investigation or to support recommendations, and the complainant refuses to allow disclosure of his or her name;

(3) the ombudsman requests information or record from the complainant and the complainant fails to produce the information or record necessary within the time specified by the ombudsman for its receipt;

(4) the complainant withdraws the complaint; or

(5) as a result of preliminary examination of the complaint under 21 AAC 20.105, the ombudsman determines that

(A) the administrative act complained of is not an appropriate subject for investigation under AS 24.55.150 ;

(B) the information or evidence provided by the complainant provides no specific or credible information to indicate that an investigation is warranted;

(C) there is some evidence of prejudice, harm, or disadvantage to the complainant, but the ombudsman believes that, at the conclusion of investigation of the complaint,

(i) the report of investigation provided under AS 24.55.190 cannot present a recommendation that would provide direct relief or benefit to the complainant; and

(ii) any recommendation that the ombudsman might present in the report of investigation would be without substantial value or significance to improvement of public administration under the law;

(D) the subject matter of the administrative act complained of was recently investigated, the complaint presents no issue not considered in the report of that investigation, and the ombudsman believes that further investigation would not advance a material interest of the complainant or a significant public interest; or

(E) the ombudsman determines that the resources available to the office are insufficient to commence and maintain the investigation.

(b) The ombudsman will discontinue an investigation, with written notice to the complainant and to the agency, if, during the course of the investigation,

(1) the ombudsman determines that the subject matter of the complaint is excluded from investigation by 21 AAC 20.010(a) (1) - (6);

(2) the complaint relates to a matter that has become the subject of an administrative proceeding, unless the complainant provides specific and credible evidence to the ombudsman sufficient to demonstrate that the agency's conduct of the administrative proceeding is prejudicial, harmful, or disadvantageous to the complainant, and the ombudsman reasonably believes that an investigation and report of findings may correct the prejudice, harm, or disadvantage to the complainant without affecting the substantive content of the agency's decision;

(3) the complaint relates to a matter that becomes the subject of a judicial proceeding; or

(4) the ombudsman loses contact with the complainant.

(c) The ombudsman will, in his or her discretion, discontinue an investigation, with notice to the agency and the complainant, if the agency resolves the complaint by taking corrective action before the ombudsman submits a finding or opinion under AS 24.55.190 .

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

Authority: AS 24.55.090

AS 24.55.160

AS 24.55.150

Art. I, Sec. 22, Ak. Const.

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