Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 30 - Sex Offender Treatment Providers › 22 AAC 30.110 - Complaints; subsequent action against provider approval

Current through May 31, 2024
(a) A person,
			 including an employee of the department, may bring a complaint against an
			 approved provider, alleging a violation of a requirement for provider approval
			 under this chapter, a violation of a supervision condition placed on the
			 approval as described in
			 22 AAC 30.040, or a violation of a
			 standard of care in
			 22 AAC 30.200 by submitting the
			 complaint in writing to the Sex Offender Treatment Committee. The committee
			 shall open a complaint file and review the complaint. Upon completion of
			 initial review of the complaint, the committee shall prepare for the complaint
			 file a report regarding the complaint, including the committee's conclusion as
			 to whether there is probable cause to believe that a violation has occurred. In
			 the report, the committee may recommend that the department suspend the
			 provider's approval under this chapter until the complaint is resolved, in
			 order to prevent an undue risk of harm to the public. The committee shall
			 forward the complaint file to the department.
(b) If, after review of the complaint file,
			 the department determines that probable cause does not exist to believe that a
			 violation has occurred, the department will furnish a written report of the
			 complaint to the provider who is the subject of the complaint, setting out the
			 reasons for the determination, and will place a copy of the report in the
			 complaint file.
(c) If, after
			 review of the complaint file, the department determines that there is probable
			 cause to believe that a violation has occurred, the department will notify the
			 provider who is the subject of the complaint of the allegations contained in
			 the complaint, and will furnish the provider with a response form. The
			 department will return the complaint file to the committee and direct the
			 committee to investigate the allegations in the complaint.
(d) If the department directs the committee
			 to conduct an investigation as described in (c) of this section and the
			 department concludes that suspension of the provider's approval pending
			 resolution of the complaint is necessary to prevent an undue risk of harm to
			 the public, the department will notify the provider that the department intends
			 to suspend the provider's approval under this chapter pending resolution of the
			 complaint and that the provider may contest the suspension determination by
			 providing to the department, within three days after the date of the
			 notification under this subsection, a written statement as to why suspension is
			 not necessary to prevent an undue risk of harm to the public. The department
			 will consider the provider's statement, make a final determination as to
			 whether the provider's approval under this chapter should be suspended pending
			 resolution of the complaint, and will notify the provider of that final
			 determination. If the department's final determination is that the provider's
			 approval under this chapter should be suspended, the suspension takes effect
			 upon the provider's receipt of notification of that final
			 determination.
(e) Within 14 days
			 after the date of the notification of allegations under (c) of this section,
			 the provider shall submit to the committee, on the response form furnished by
			 the department, a sworn statement in response to the allegations in the
			 complaint. The provider shall cooperate with the investigation of the complaint
			 by providing to the committee any documents or information requested by the
			 committee. The provider's failure to respond to the allegations or to cooperate
			 with the committee's investigation as required by this subsection may result in
			 revocation of the provider's approval. The committee shall place in the
			 complaint file the provider's response statement, any other documents or
			 information provided to the committee under this subsection, and any other
			 material considered by the committee in its investigation.
(f) Upon completion of its investigation, the
			 committee shall prepare for the complaint file a report of the results of the
			 committee's investigation and a recommendation for department action regarding
			 the complaint, and shall forward the complaint file to the department. The
			 committee's recommendation may be that the department
(1) take no action;
(2) continue the provider's approval under
			 this chapter with conditions designed to correct the violation, if the
			 committee considers the violation to be a minor one that does not create an
			 undue risk to the public and is amenable to correction within a specified
			 period of time; or
(3) revoke the
			 provider's approval under this chapter.