9 AAC 64.040 - Investigation of complaints
(a) The attorney
general will designate an investigator to investigate a complaint if the
subject of the complaint is
(1) the chief
administrative law judge, and the attorney general determines that the
complaint alleges conduct that, if true, would constitute a violation of
(A)AS
44.64.050(a); or
(2) an administrative
law judge or hearing officer, and the chief administrative law judge referred
the complaint to the attorney general for investigation.
(b) When the attorney general designates an
investigator to investigate a complaint, the attorney general will notify in
writing the person making the complaint and the subject of the complaint. In
the notice, the attorney general will identify the investigator.
(c) The person making the complaint or the
subject of the complaint may object to the designated investigator by
submitting to the attorney general a written statement describing the grounds
for objection. An objection is timely if the attorney general receives the
written statement of objection within 15 days of the date of distribution of
the attorney general's notice of designation of the investigator. If the
attorney general receives a timely objection, the attorney general will
consider the objection and determine whether the designated investigator can
fairly and impartially investigate the complaint. If the attorney general
determines that the designated investigator cannot fairly and impartially
investigate the complaint, the attorney general will withdraw the designation
and designate a different investigator, subject to the notice and objection
provisions of (b) of this section and this subsection. If the attorney general
determines that the designated investigator can fairly and impartially
investigate the complaint, the attorney general will notify in writing the
person making the complaint and the subject of the complaint.
(d) The investigator shall send a copy of the
complaint to the subject of the complaint by mail, facsimile transmission,
electronic mail, or hand delivery.
(e) The investigator may require the subject
of a complaint to provide, within 20 days after the complaint is sent, a
written response to the complaint, disclosing all facts and circumstances
pertaining to the alleged violations or explaining why the subject of the
complaint cannot then disclose all facts and circumstances pertaining to the
alleged violations. The investigator may, in writing, grant the subject of a
complaint additional time to respond to the complaint if the subject of the
complaint requests additional time. Failure to provide a response within the
prescribed time, or within any additional time that the investigator grants in
writing, may be considered an admission of the allegations in the
complaint.
(f) The investigator
shall investigate the complaint to determine whether there is probable cause to
believe that a violation of
AS
44.64.050 or
2 AAC 64.010 -
2 AAC 64.050 occurred. The investigator may question
witnesses, request documents, and conduct other investigatory
activities.
(g) After
investigation, the investigator shall prepare and submit to the attorney
general a proposed written determination of whether there is probable cause to
believe that a violation of
AS
44.64.050 or
2 AAC 64.010 -
2 AAC 64.050 occurred. The attorney general may accept,
reject, or modify the investigator's proposed determination, or direct the
investigator to conduct additional investigation. The attorney general will
determine whether there is probable cause to believe that a violation of
AS
44.64.050 or
2 AAC 64.010 -
2 AAC 64.050 occurred.
Notes
Authority:AS 44.64.050
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