21 AAC 20.210. Completed investigations: preliminary report to agency

(a) The preliminary report issued under AS 24.55.190 (a) must indicate the ombudsman's findings, opinion and recommendations. The ombudsman will report to the appropriate officer or employee and will, in his discretion, report to any other officer or employee that the ombudsman thinks should receive the information.

(b) When presenting a finding or opinion under (a) of this section, the ombudsman will, in his or her discretion, determine that the complaint or an allegation within it is

(1) "justified" if, on the basis of evidence obtained during the investigation, the ombudsman determines or believes the complainant's criticism of the administrative act is valid;

(2) "partially justified" if,

(A) on the basis of evidence obtained during the investigation, the ombudsman determines or believes the complaint is "justified," and further finds that action or inaction by the complainant materially affected the administrative act; or

(B) in a complaint having multiple allegations, the ombudsman finds at least one allegation "justified" or, under (A) of this paragraph, "partially justified," and finds at least one allegation "not supported" or "indeterminate";

(3) "not supported" if, on the basis of evidence obtained during the investigation, the ombudsman determines or believes the complainant's criticism of the administrative act is not valid; or

(4) "indeterminate" if investigation does not provide sufficient evidence for the ombudsman to determine conclusively whether the complainant's criticism of the administrative act is valid or not valid.

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

Authority: AS 24.55.090

AS 24.55.180

AS 24.55.190

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