Section R2-16-403. Closing Cases

The Office may close a case for any of the following reasons:

1.        Discontinued. The ombudsman-citizens’ aide determines that an investigation should be terminated before the investigation is completed because:

a.         Disclosure of the complainant’s identity is necessary to enable full investigation and the complainant refuses to allow the disclosure;

b.        Information or a record is requested from the com- plainant and the complainant fails to produce the information or record within the time specified by the Office;

c.         The complainant withdraws the complaint;

d.        The complaint relates to a matter that has become the subject of an administrative or judicial proceed- ing;

e.         The Office forwards the complaint to an appropriate prosecutor because it involves possible criminal activity; or

f.         The ombudsman-citizens’ aide determines there is other good cause not to proceed with an investiga- tion;

2.        Closed - not substantiated. Following an investigation, the ombudsman-citizens’ aide makes a finding that the allegations in the complaint are not substantiated;

3.        Closed - complaint resolved (before preliminary report). Following an investigation, the ombudsman-citizens’ aide determines that the complaint has merit, either wholly or in part, and, before a preliminary report is issued, the agency agrees to provide a remedy that is acceptable to the agency and the ombudsman-citizens’ aide;

4.        Closed - complaint resolved (after preliminary report). Following an investigation, the ombudsman - citizens’ aide determines that the complaint has merit, either wholly or in part, and, after a preliminary report is issued, the agency agrees to provide a remedy that is acceptable to the ombudsman-citizens’ aide;

5.        Closed - complaint unresolved. Following an investiga- tion, the ombudsman - citizens’ aide determines that the complaint has merit, either wholly or in part, and the agency does not accept the recommendations of the ombudsman - citizens’ aide; or

6.        Other. Any other reason the Office determines requires that a complaint be closed.

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).