23 AAC 10.200. Discontinuing an investigation

The victims' advocate may discontinue, terminate, postpone, or suspend an investigation at any time if, during the course of the investigation, or as a result of a preliminary examination of the complaint undertaken by the victims' advocate in an attempt to resolve it without commencement of a formal investigation under 23 AAC 10.100,

(1) the victims' advocate determines that the subject matter of the complaint is not within the jurisdiction of the office under AS 24.65;

(2) the victims' advocate determines that disclosure of the complainant's or victim's name is necessary to enable the victims' advocate to carry out duties under AS 24.65 or to support recommendations, and the complainant or victim refuses to allow disclosure of the complainant's or victim's name;

(3) the victims' advocate requests information or documents from the complainant or victim and the complainant or victim fails or refuses to produce the information or documents within the time specified by the victims' advocate for its receipt;

(4) the complainant fails to file a complaint as required by this title or requests to withdraw a previously filed complaint;

(5) information or evidence provided by the complainant or otherwise obtained by the victims' advocate provides no specific or credible basis to believe that continuing an investigation is warranted;

(6) the victims' advocate determines that there is some evidence to believe that the complainants' or victims' rights guaranteed under the constitution and laws of this state may have been denied to the complainant or victim, but the victims' advocate believes that, at the conclusion of the investigation of the complaint,

(A) the victims' advocate may not be able to present an opinion, finding, or recommendation to a person, justice agency, or another that would provide direct relief or benefit to the complainant or victim; or

(B) an opinion, finding, or recommendation that the victims' advocate presents to a person, justice agency, or another could be without substantial value or significance to improvement of public administration under the law;

(7) the victims' advocate determines that the subject matter of the act complained of by the complainant or victim was recently investigated by the victims' advocate, the complaint fails to present an issue not considered in the prior investigation, and the victims' advocate believes that further investigation would not advance a material interest of the complainant or the victim or a significant public interest;

(8) the victims' advocate determines that the resources available to the office of victims' rights are insufficient to maintain the investigation;

(9) the complainant or victim fails to maintain contact with the victims' advocate;

(10) the victims' advocate determines that the complainant or victim has knowingly provided false, misleading, or incomplete information or documents to the victims' advocate or staff of the office of the victims' advocate;

(11) the complainant refuses to sign the complaint form; or

(12) in the sole opinion of the victims' advocate, the investigation should be terminated in furtherance of justice, the public interest or for the reasons stated in a written request of the victim or complainant.

History: Eff. 6/27/2004, Register 170

Authority: AS 24.65.090

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