Section R2-16-404. Findings

The Office shall make one of the following findings in an investiga- tive report:

1.        Substantiated. The investigation establishes that the administrative act did occur and the complainant’s criti- cism of the administrative act is valid.

2.        Partially substantiated.

a.         In a complaint having multiple allegations, the investigation establishes that at least one allegation is substantiated and at least one allegation is not sub- stantiated or indeterminate; or

b.        The investigation establishes there is shared fault between the complainant and agency.

3.        Not substantiated. The investigation establishes that:

a.         The administrative act did not occur; or

b.        The administrative act occurred, but the complain- ant’s criticism of the administrative act is not valid.

4.        Indeterminate. The investigation does not provide suffi- cient evidence for the Office to determine conclusively:

a.         Whether the administrative act occurred; or

b.        If the administrative act occurred, whether the com- plainant’s criticism of the administrative act is valid.

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).