Section R2-16-306. Complaints Alleging Employee Misconduct

A.      Before investigating an allegation of misconduct by a state employee, the Office shall provide written notice of the pend- ing investigation to the employee and the chief executive officer of the employee’s agency.

B.       If an investigation of an allegation of misconduct by a state employee results in a preliminary report that contains an adverse opinion or recommendation, the Office shall consult with the employee about the preliminary report before submit- ting the preliminary report to the agency and shall include the employee’s written response, if any, with the preliminary report that is forwarded to the agency.

1.        This consultation with the employee shall be confidential and shall not be publicly disclosed.

2.        The employee shall have 15 working days to respond to the preliminary report, unless the ombudsman - citizens’ aide believes a 15-day delay will cause significant harm.

3.        An employee may request an extension of time in which to respond to the preliminary report for a compelling rea- son. The Office shall grant the request unless the ombuds- man-citizens’ aide believes an extension will cause significant harm.

C.      If an investigation of an allegation of misconduct by a state employee results in a final report that contains an adverse opinion or recommendation, the Office shall consult with the employee about the final report before submitting the final report to the agency and shall include the employee’s written response, if any, with the final report that is forwarded to the agency.

1.        The employee shall have 15 working days to respond to the final report, unless the ombudsman - citizens’ aide believes a 15-day delay will cause significant harm.

2.        An employee may request an extension of time in which to respond to the final report for a compelling reason. The Office shall grant the request unless the ombudsman-citi- zens’ aide believes an extension will cause significant harm.

Historical Note

Adopted under an exemption from the Administrative Procedure Act pursuant to Laws 1995, Ch. 281, Section 5; effective October 30, 1996 (Supp. 96-4). Amended by

final rulemaking at 12 A.A.R. 1372, effective June 4,

2006 (Supp. 06-2).