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Title 2 . Administration
Chapter 50 . Public Information
Section 460. Investigation

2 AAC 50.460. Investigation

(a) If the complaint satisfies the requirements in 2 AAC 50.450 and is being considered on a regular rather than an expedited basis, the commission staff shall

(1) notify the complainant, respondent, and commission within seven days after receiving the complaint; the notice must include the statement that a respondent may file a written answer no later than 15 days after receipt of the notice; and

(2) begin an investigation.

(b) In conducting an investigation, the commission staff may use any of the methods set out in AS 15.13.045 . The commission staff may also

(1) request written and sworn statements from a party, witness, or other person; and

(2) use the services of the Alaska State Troopers or private investigators.

(c) After investigation but no later than 30 days after the complaint is accepted for filing, the commission staff shall prepare an investigation report that recommends

(1) findings, conclusions, and a penalty assessment, if the commission staff considers the evidence to support a violation of the law;

(2) dismissal, if the commission staff considers the evidence not to support a violation; or

(3) approval of a consent agreement, if the commission staff and the respondent have agreed to a resolution.

(d) The commission staff shall provide a copy of the investigation report and recommendation to the complainant, respondent, and commission.

(e) Within 10 days after an investigation report is issued as provided in (c) of this section, the respondent may file an answer or amended answer.

(f) After the investigation concludes and upon request, the complainant or respondent may view or copy at cost the case file during normal business hours, except for documents protected by a privilege.

History: Eff. 5/16/76, Register 58; am 12/29/77, Register 64; am 6/29/84, Register 90; am 1/4/86, Register 97; am 1/1/2001, Register 156; am 2/20/2005, Register 173

Authority: AS 15.13.030

AS 15.13.045

AS 15.13.380

AS 18.65.090

AS 24.45.021

AS 24.45.131

AS 39.50.050


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Last modified 7/05/2006