reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 40 - Mental Health Trust Authority › Article 8 - Miscellaneous Provisions › 20 AAC 40.920 - Grievances regarding services not provided

Current through May 31, 2024
At each regular meeting of the board, the board will provide an
				  opportunity on its meeting agenda for aggrieved persons or groups who believe
				  they have not received services that should be provided by the trust to inform
				  the board of their grievances and to request redress from the
				  authority.
Authority:
AS
					 47.30.031
AS 47.30.051
AS
					 47.30.056
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 05 - Organization and Procedure (Repealed)

Current through May 31, 2024
The regulations in 21 AAC 05 which were repealed effective
				9/16/84, Register 91, have been replaced by regulations in 21 AAC 10 and 21 AAC
				20 which became effective the same day and
				register.
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 10 - Office Management › Article 2 - Procurement › 21 AAC 10.070 - Adoption of legislative procurement procedures

Current through May 31, 2024
(a) The Office of
				the Ombudsman adopts the
Alaska-Legislative Procurement
				Procedure
, revised as of November 21, 2013, as amended from time to
				time, and adopted by reference, except as otherwise provided in this
				section.
(b) For purposes of this
				section, "procurement officer" means the appointed ombudsman or a person
				designated by the ombudsman to carry out a procurement.
(c) Competitive procurement procedures do not
				apply to a contract for an investigation under
				AS
				24.55.100, including professional services of
				an investigator or expert hired for work on an ombudsman investigation.
				However, a copy of the contract for an investigation shall be included in the
				ombudsman's procurement fil es after the investigation is closed.
(d) Contracts must be authorized by the
				ombudsman, and shall be approved as to fonn by legi slative legal
				counsel.
(e) For procurements made
				by the Office of the Ombudsman, documents required to be maintained under
				the
Alaska-Legislative Procurement Procedures
will be
				maintained by the Office of the Ombudsman.
(f) The ombudsman will issue any written
				decision on a protest or contract controversy, regardless of whether the
				ombudsman or the ombudsman's designee was the procurement
				officer.
A copy of the most current version of the Alaska
					 Legislative Procurement Procedures may be obtained by contacting the Office of
					 the Ombudsman, 333 West 4'11 Ave., Suite 305, Anchorage, Alaska 9950 I, or from
					 Legislative Supply, State Capitol Room 3, Juneau, Alaska 9980 1. Emai l:
SupplyGroup@akleg.gov
.
Authority:
AS
					 24.55.275
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 10 - Office Management › Article 3 - Records › 21 AAC 10.220 - Employee records

Current through May 31, 2024
The provisions of
				  AS
				  39.25.080 apply to personnel records of the
				  office. Personnel records of the office of the ombudsman that are required to
				  be kept confidential under
				  AS
				  39.25.080 are not open for examination or
				  inspection by the public, a federal or state agency, or a political subdivision
				  of the state.
Authority:
AS
					 24.55.080
AS
					 39.25.080
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 10 - Office Management › Article 4 - Grievances › 21 AAC 10.300 - Grievances

Current through May 31, 2024
A complainant or an agency may file a grievance with the
				  ombudsman. The grievance must be in writing and may include
(1) the grievant's objection to a decision to decline or
				  discontinue investigation of a complaint;
(2) an allegation of undue delay in the investigation of a
				  complaint;
(3) a specification of error or omission in the investigation
				  of a complaint; or
(4) an allegation of discourteous behavior by a member of the
				  staff of the office of the ombudsman during the course of investigation of a
				  complaint.
Authority:
AS
					 24.55.090
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 10 - Office Management › Article 4 - Grievances › 21 AAC 10.305 - Time limit for filing

Current through May 31, 2024
The ombudsman will not investigate the merits of a grievance
				  if the action or inaction complained of took place more than one year before
				  the filing of the grievance.
Authority:
AS
					 24.55.090
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 10 - Office Management › Article 4 - Grievances › 21 AAC 10.310 - Response to grievance

Current through May 31, 2024
The ombudsman will respond in writing to a grievance filed
				  under 21 AAC 10.300 within 20 days after
				  receipt of the grievance.
Authority:
AS
					 24.55.090
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 10 - Office Management › Article 4 - Grievances › 21 AAC 10.320 - Grievance file

Current through May 31, 2024
(a) The ombudsman shall maintain a file of
				grievances against the ombudsman and ombudsman's staff, including the
				ombudsman's response to each grievance. The grievance file is confidential to
				the extent that it contains material that may not be disclosed under
				AS
				24.55.160, including the identity of a
				complainant unless the complainant has consented to the disclosure. The
				ombudsman may make a redacted copy of a grievance and the response available to
				the legislature or the public upon request.
(b) The ombudsman shall prepare public summaries of the giievances
				filed under
				21 AAC 10.300, and make the
				summaries available upon request. The public summaries may not contain
				information identifying a complainant and may not contain a confidential record
				obtained from an agency.
Authority:
AS
					 24.55.090
AS
					 24.55.160
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 1 - Receiving and Evaluating Complaints › 21 AAC 25.010 - Form of complaint

Current through May 31, 2024
(a) Unless requested by the ombudsman, a
				complaint need not be in writing, except that a complaint alleging misconduct
				by an agency employee or official must be in writing and signed by the
				complainant.
(b) The ombudsman may
				request that the complainant provide a written complaint if
(1) the ombudsman's resources are
				insufficient to allow the ombudsman to receive all complaints by telephone or
				in person; or
(2) the ombudsman
				believes that reducing the complaint to writing will assist the ombudsman in
				effective evaluation of the complaint.
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 1 - Receiving and Evaluating Complaints › 21 AAC 25.020 - Confidentiality of complaint and disclosures necessary for investigation

Current through May 31, 2024
Prior to investigation, the ombudsman shall ask the
				  complainant for consent to disclose the complainant's identity and relevant
				  infonnation to the agency or agencies that are the subject of the complaint.
				  Consent may be verbal, but must be documented by the ombudsman. The ombudsman
				  has the discretion to request that the complainant provide written, signed
				  consent to the disclosures.
Authority:
AS
					 24.55.090
AS 24.55.160
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 1 - Receiving and Evaluating Complaints › 21 AAC 25.030 - Anonymous complaints

Current through May 31, 2024
The ombudsman will decline to investigate an anonymous
				  complaint, unless it is accompanied by specific, credible information that the
				  ombudsman reasonably believes can be corroborated and that would justify
				  investigation upon the ombudsman's own motion. The ombudsman may refer an
				  anonymous complaint accompanied by specific, credible infonnation to the chief
				  executive officer of the affected agency, the district attorney, or law
				  enforcement.
Authority:
AS
					 24.55.090
AS
					 24.55.110
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 1 - Receiving and Evaluating Complaints › 21 AAC 25.040 - Third party complaints

Current through May 31, 2024
The ombudsman will not accept a complaint made on behalf of
				  another person, unless the complainant is authorized by law to act on behalf of
				  that person in regard to the ombudsman complaint, or unless the ombudsman
				  reasonably believes that the person is incapable of personally tiling the
				  complaint and that the complainant has a legitimate interest in acting on the
				  person's behalf.
Authority:
AS
					 24.55.090
AS
					 24.55.110
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 1 - Receiving and Evaluating Complaints › 21 AAC 25.050 - Initial evaluation of complaint

Current through May 31, 2024
(a) Within 30 days
				of receipt of a complaint, unless the time is extended to obtain additional
				infonnation from the complainant, the ombudsman will determine whether to
				accept the complaint for fiirther investigation or decline the complaint. If
				the ombudsman declines investigation of the complaint, the ombudsman will
				notify the complainant of the reasons.
(b) The ombudsman may extend the 30 days for
				a reasonable time in order to request additional infonnation from the
				complainant as provided in 21 AAC 25.010(d).
Authority:
AS
					 24.55.090
AS
					 24.55.130
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 1 - Receiving and Evaluating Complaints › 21 AAC 25.060 - Declining a complaint

Current through May 31, 2024
(a) The ombudsman will decline to investigate
				a complaint for any of the following reasons:
(1) the complaint does not involve an
				administrative act, as defined in AS 24.55, by an agency within the
				jurisdiction of the ombudsman;
(2)
				the merits ofthe complaint are the subject of a judicial proceeding pending at
				the time the ombudsman receives the complaint;
(3) investigation ofthe complaint would
				require the ombudsman to make findings on a matter already decided by a
				court;
(4) the complainant is an
				employee who is represented by a union, and the collective bargaining agreement
				provides the sole dispute resolution process to decide the merits ofthe
				complaint, regardless of whether the union chooses to pursue all steps of a
				grievance on behalf of the complainant;
(5) the ombudsman reasonably believes that
				the complaint cannot be investigated or resolved without disclosing the
				complainant's identity, or other information provided by the complainant, and
				the complainant refuses to consent to the disclosure.
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 1 - Receiving and Evaluating Complaints › 21 AAC 25.070 - Priorities for investigation

Current through May 31, 2024
When the ombudsman's resources are insufficient for adequate
				  investigation due to the number of pending complaints, the ombudsman will
				  consider the following priorities for selecting complaints for
				  investigation:
(1) complaints alleging
				an emergency in which delay would subject the complainant to a substantial risk
				of serious and irreparable harm;
(2)
				complaints alleging prejudice, hann, or disadvantage for which the ombudsman
				believes that the possibility of an effective remedy requires investigation
				with minimal delay;
(3) complaints
				alleging recurring prejudice, harm, or disadvantage to multiple persons due to
				an administrative act;
(4)
				complaints alleging a single or isolated instance of prejudice, harm, or
				disadvantage that has already occurred and thus cannot be prevented by an
				ombudsman's investigation.
Authority:
AS
					 24.55.090
AS
					 24.55.110
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 2 - Investigation of Complaints › 21 AAC 25.100 - Notice to agency

Current through May 31, 2024
When the ombudsman accepts a complaint for investigation, the
				  ombudsman will notify the agency that is the subject of the complaint of the
				  investigation unless notice is delayed under
				  AS
				  24.55.140. The ombudsman will provide notice
				  to the agency staff that the ombudsman identifies as best able to address the
				  issues raised in the complaint.
Authority:
AS
					 24.55.090
AS
					 24.55.140
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 2 - Investigation of Complaints › 21 AAC 25.110 - Resolution of complaint during investigation

Current through May 31, 2024
(a) During an
				investigation, the ombudsman may request the cooperation of the agency that is
				the subject of the complaint, in order to provide a remedy for the complaint by
				persuading the agency to act or to reconsider action already taken; or, if no
				remedy is warranted under the circumstanccs, by providing the complainant with
				an explanation of the administrative act.
(b) If the agency's cooperation facilitates
				resolution of the complaint, the ombudsman may close the complaint without
				completing an investigative report. However, the ombudsman may proceed with an
				investigative report if the complaint presents systemic issues not resolved by
				a remedy for the individual complainant.
Authority:
AS
					 24.55.090
AS
					 24.55.150
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 2 - Investigation of Complaints › 21 AAC 25.120 - Notice of status of complaint

Current through May 31, 2024
(a) No later than 90
				days after acceptance of a complaint for investigation, the ombudsman will
				notify both the complainant and the agency that is the subject of the complaint
				of the status of the complaint, unless
(1) the
				ombudsman reasonably believes that grounds exist for withholding notice to the
				agency under
				AS
				24.55.140; or
(2) the ombudsman is unable to contact the
				complainant, despite reasonable efforts to do so.
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 2 - Investigation of Complaints › 21 AAC 25.130 - Grounds for discontinuing investigation of a complaint

Current through May 31, 2024
(a) The ombudsman
				will close a complaint without further investigation for any of the following
				reasons:
(1) the complainant becomes a party
				to a judicial proceeding that may address all of the allegations that are being
				investigated by the ombudsman;
(2)
				the merits of the complaint have become the subject of a court decision, such
				that further investigation by the ombudsman would require the ombudsman to make
				findings on an issue ruled upon by the court;
(3) the complainant withdrawns permission for
				the ombudsman to contact agency staff; refuses to grant the ombudsman
				permission to discuss the complaint with other individuals who the ombudsman
				believes may have information relevant to the investigation, or otherwise
				prevents adequate investigation of the complaint.
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 2 - Investigation of Complaints › 21 AAC 25.140 - Conflicts of interest

Current through May 31, 2024
(a) If the ombudsman determines that
				evaluation or investigation of a complaint by a member of the ombudsman's staff
				involves a conflict of interest or the appearance of a conflict of interest,
				then the ombudsman will assign the complaint to another staff member, and the
				conflicted staff member may not have any further involvement with the
				complaint. If, prior to the reassignment, the conflicted staff member made any
				decision regarding disposition of the complaint, that decision is
				void.
(b) If the ombudsman's own
				investigation of a complaint would involve a conflict of interest or the
				appearance of a conflict of interest, the ombudsman will delegate the
				investigation to a member of the ombudsman's staff and will not comment on or
				participate in the investigation until the delegated staff member has proposed
				findings and recommendations for a report under
				AS
				24.55.190 or has discontinued the
				investigation, If the ombudsman then issues an investigative report under the
				ombudsman's signature, the report must include disclosure of the ombudsman's
				conflict of interest or appearance thereof.
(c) For the purposes of AS 24.55, it is not a
				conflict of interest for a member of the ombudsman's staff to investigate
				complaints in which the complainants make opposite or contradictory allegations
				regarding an administrative act.
Authority:
AS
					 24.55.090
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 2 - Investigation of Complaints › 21 AAC 25.150 - Subpoenas

Current through May 31, 2024
(a) A subpoena issued under
				AS
				24.55.170 may be served by any member of the
				ombudsman's staffer by any person authorized under Alaska Rule of Civil
				Procedure 45 to serve a subpoena. Service of a subpoena upon a person named in
				it shall be made by delivering a copy of the subpoena to the person. Proof of
				service shall be established by affidavit of the person who served the subpoena
				at or about the time service is made. A subpoena may also be served by
				registered or certified mail. In such case the ombudsman shall mail the
				subpoena for delivery only to the person subpoenaed, and the returned delivery
				receipt shall be addressed so that it is returned to the ombudsman and shall
				constituteproof of service.
(b) The
				ombudsman will pay witness fees aiid expenses as set forth by the Alaska Rules
				of Court Administrative Rules. However, the ombudsman will not pay a witness
				fee or reimburse expenses for an employee of an agency who complies with a
				subpoena in the employee's official capacity, unless the employee is required
				to travel more than 50 miles from the employee's place of business in order to
				comply with the subpoena.
Authority:
AS
					 24.55.090
AS
					 24.55.170
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 2 - Investigation of Complaints › 21 AAC 25.160 - Ombudsman access to agency records

Current through May 31, 2024
(a) When the
				ombudsman requires that an agency provide records pursuant to
				AS
				24.55.160(a)(4), the
				ombudsman will determine a reasonable time for production of the records. If
				the agency requests additional time for production of records, the ombudsman
				may allow additional time. However, the ombudsman will not grant additional
				time longer than 15 days unless the ombudsman concludes that the agency has
				demonstrated unusual circumstances justifying the delay.
(b) The ombudsman will not pay costs of
				copying or personnel time when an agency is complying with AS 24.55,150. The
				ombudsman may assign a member of the ombudsman's staff to search for and copy
				agency records, if the ombudsman anticipates that the scope of the request will
				place extraordinary demands upon the agency personnel.
Authority:
AS
					 24.55.090
AS
					 24.55.160
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 3 - Consultation and Investigative Reports › 21 AAC 25.200 - Consultation with agency and preliminary recommendations

Current through May 31, 2024
(a) After
				investigation, the ombudsman siiali consult with agency personnel if the
				ombudsman proposes a criticism of the agency's conduct or proposes that the
				agency take further action regarding the complaint. The ombudsman shall convey
				the basis for the ombudsman's preHminary conclusions, as well as any proposed
				recommendations. The consultation will include the agency employees or
				officiers who the ombudsman believes have authority to implement the
				ombudsman's proposed recommendations.
(b) The ombudsman may provide the basis for
				the ombudsman's preliminary conclusions in writing to the agency. Such
				correspondence shall be labeled as "confidential pursuant to
				AS
				24.55.180," and may not be released to the
				public by the ombudsman or the agency.
(c) If, after investigation, the ombudsman
				believes that the conduct of a specific agency employee is, more likely than
				not, grounds for disciplinary action against that employee, the ombudsman shall
				provide access to the ombudsman's preliminary conclusions and the evidence for
				them to that employee no less than ten days before providing the preliminary
				conclusions to the agency, and request a response from the employee.
(d) The ombudsman will request that the
				agency respond to the preliminary conclusions and suggested remedy, and set a
				deadline for the agency's response. The ombudsman shall allow no less than 30
				days for the agency's response, unless there is convincing evidence that delay
				will render a remedy futile or cause serious hann to the complainant or other
				members of the public.
Authority:
AS
					 24.55.090
AS
					 24.55.180
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 3 - Consultation and Investigative Reports › 21 AAC 25.210 - Agency response to consultation

Current through May 31, 2024
(a) If the agency's
				response substantially resolves the complaint and provides an appropriate
				remedy, then the ombudsman may discontinue further investigation and close the
				complaint as resolved.
(b) If the
				ombudsman does not close the complaint as resolved, then the ombudsman shall
				report the ombudsman's findings and recommendations to the agency under AS
				24,55.190. The report shall be labeled as "confidential pursuant to
				AS
				24.55.190," and may not be released to the
				public by the ombudsman or the agency.
Authority:
AS
					 24.55.040
AS 24.55.150
AS 24.55.070
AS 24.55.190
AS
					 24.55.090
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 4 - Confidential Records › 21 AAC 25.300 - Ombudsman complaint files

Current through May 31, 2024
(a) The ombudsman may not provide access to
				or copies of working notes, files, or records received from complainants or
				others, except for
(1) disclosures deemed
				necessary to obtain additional infonnation during an investigation or otherwise
				carry out the ombudsman's duties under AS 24.55, as limited by
				AS
				24.55.160(b);
(2) access otherwise required by law,
				including compliance with a request by the Legislative Audit Division under AS
				24.20.
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 4 - Confidential Records › 21 AAC 25.310 - Disclosure to warn of imminent danger

Current through May 31, 2024
(a) If the ombudsman
				receives infomnation that the ombudsman reasonably believes provides specific
				and credible evidence of imminent danger of serious physical harm to a
				complainant or others, then the ombudsman may disclose the information to law
				enforcement personnel, other emergency service providers, or the endangered
				individual.
(b) If a record that the
				ombudsman received from an agency contains inforaiation that the ombudsman
				reasonably believes demonstrates imminent danger of serious physical harm to a
				complainant or others, but the ombudsman cannot disclose the record without
				violating AS 24.55,160(b), then the ombudsman will contact the agency that
				provided the record and advise the agency to contact law enforcement or take
				other action to prevent the threatened harm.
Authority:
AS
					 24.55.090
AS
					 24.55.160
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 4 - Confidential Records › 21 AAC 25.320 - Confidential record received from an agency

Current through May 31, 2024
(a) The ombudsman
				shall maintain a confidential record received from an agency subject to the
				same restrictions on disclosure that apply while the record is in the custody
				of the agency.
(b) If another agency
				would have access to a coniidential record during the normal course of
				business, then the ombudsman may disclose the record to that agency to the same
				extent that it could be disclosed by originating agency.
(c) If the agency providing a confidential
				record informs the ombudsman that access to the record is restricted to
				specific employees within the agency, the ombudsman may request a written
				explanation of the limits on disclosure and the applicable
				law.
Authority:
AS
					 24.55.090
AS
					 24.55.160
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 4 - Confidential Records › 21 AAC 25.330 - Attorney-client privileged communications and attorney work product provided by an agency

Current through May 31, 2024
(a) If an agency provides the ombudsman with
				attorney-client privileged communications or attorney work product, then the
				ombudsman shall label the records as "attorney-client privileged" or "attorney
				work product" and shall maintain the privileged material separately from other
				records received from the agency.
(b) If the ombudsman includes privileged
				material in correspondence to an agency, including an investigative report to
				that agency, the ombudsman shall
(1) label
				the correspondence as containing privileged material; and
(2) provide the coiTespondence only to agency
				employees entitled to receive the privileged
				infomiation.
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 4 - Confidential Records › 21 AAC 25.340 - Health care records

Current through May 31, 2024
Health care records received by the ombudsman during
				  evaluation or investigation of a complaint will be returned to the sender or
				  destroyed within one year of the closure of the complaint, except that a health
				  care record cited in an investigative report issued under
				  AS
				  24.55.190 may be retained in the ombudsman's
				  file.
Authority:
AS
					 24.55.090
AS
					 24.55.160
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 4 - Confidential Records › 21 AAC 25.350 - Dispute over confidentiality of agency record

Current through May 31, 2024
(a) If an agency
				asserts that a record is confidential, including an assertion that a specific
				disclosure proposed by the ombudsman would not be pennitted by law, the
				ombudsman may request that the agency state, in writing, the state or federal
				law relied upon by the agency.
(b)
				If the ombudsman believes that the agency's interpretation of the law is
				incorrect, the ombudsman will attempt to resolve the dispute. This may include
				requesting that the agency obtain an opinion from the Department of Law
				regarding the confidentiality of the disputed record. While attempting to
				resolve the dispute, the ombudsman shall restrict disclosure of the record in
				accordance with the agency's interpretation.
(c) If, after attempting to resolve the
				dispute, the ombudsman and the agency still disagree regarding the
				confidentiality of the record, the ombudsman may
(1) recommend to the agency, in a
				confidential investigative report, that the agency disclose the disputed record
				to the governor, the legislature, a grand jury, or the public, as
				applicable;
(2) seek a declaratory
				judgment in superior court to rule on the ombudsman's proposed disclosure of
				the record; or
(3) provide written
				notice to the head of the agency and to the Department of Law that the
				ombudsman intends to disclose the disputed record in 15 days, absent an
				injunction or other court order prohibiting the disclosure. The written notice
				will state the extent of the proposed disclosure, including whether the
				ombudsman proposes to include the disputed record in a public report, and the
				reasons that the ombudsman believes that disclosure of the record complies with
				AS
				24.55.160(b). The ombudsman
				will also provide written notice to a person to whom the record pertains, at
				that person's last known address, to the extent that the ombudsman is
				reasonably able to detemiine the relevant persons from review of the disputed
				record.
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 4 - Confidential Records › 21 AAC 25.360 - Information contained in both confidential agency record and public source

Current through May 31, 2024
If the ombudsman obtains information from both a confidential
				  agency record and a nonconfidential source, the ombudsman may disclose the
				  information in reliance upon the nonconfidential source.
Authority:
AS
					 24.55.090
AS
					 24.55.160
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 5 - Publication by the Ombudsman › 21 AAC 25.400 - Public documents

Current through May 31, 2024
In order to carry out the ombudsman's duties under AS 24.55,
				  the following are public records:
(1)
				the ombudsman's reports and recommendations published under
				AS
				24.55.200;
(2) the ombudsman's annual reports published
				under AS
				24.55.230;
(3) public summaries and statistical
				infonnation prepared under
				21 AAC 25.410;
(4) records of grievances against the
				ombudsman, to the extent that release of grievance records is provi ded for
				under 21 AAC 10.320.
Authority:
AS
					 24.55.090
AS 24.55.230
AS 24.55.160
AS
					 24.55.200
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 5 - Publication by the Ombudsman › 21 AAC 25.410 - Public summaries and statistical information

Current through May 31, 2024
(a) The ombudsman
				may maintain and release summaries of closed complaints in order to assist in
				the management of the state government programs, respond to inquiries about the
				perfonnance of state government programs, and to inform the public and the
				legislature about the performance of the ombudsman. The summaries may not
				contain infonnation identifying a complainant, and may not contain a
				confidential record obtained from an agency.
(b) Release of the summary of a closed
				complaint must be approved by the appointed ombudsman or by an acting ombudsman
				empowered to carry out the ombudsman's duties specified in
				AS
				24.55.190 and
				AS
				24.55.200.
(c) The ombudsman may disclose infonnation
				about complaints as a statistical compilation, provided that the compilation
				does not identify a complainant or reveal a confidential record obtained from
				an agency.
Authority:
AS
					 24.55.090
AS 24.55.230
AS 24.55.160
AS
					 24.55.200
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 5 - Publication by the Ombudsman › 21 AAC 25.420 - Information for complainant

Current through May 31, 2024
After the ombudsman has provided the agency with the final
				  investigative report, the ombudsman may provide a copy of the final
				  investigative report to the complainant, provided that the ombudsman redacts
				  confidential informafion to which the complainant is not entitled. If the
				  ombudsman concludes that the report cannot be effectively redacted, then the
				  ombudsman may provide the complainant with a summary of the report, including
				  the substance of any findings and recommendations, and whether the agency
				  accepted the recommendations.
Authority:
AS
					 24.55.090
AS 24.55.160
AS
					 24.55.210
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 5 - Publication by the Ombudsman › 21 AAC 25.430 - Public investigative reports

Current through May 31, 2024
(a) The ombudsman
				may publish a copy of a final investigative report from which confidential
				information has been redacted. If the ombudsman concludes that the report
				cannot be effectively redacted, then the ombudsman may publish a summary of the
				report, including the ombudsman's findings and recommendations, and whether the
				agency accepted the recommendations.
(b) The ombudsman will make public reports
				available to the legislature, the governor, and members of the public upon
				request, and may also place the public reports on the ombudsman's Internet
				website.
Authority:
AS
					 24.55.090
AS
					 24.55.200
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 6 - General Provisions › 21 AAC 25.510 - Definitions

Current through May 31, 2024
In this chapter, unless context requires otherwise,
(1) "ombudsman" means both the appointed
				ombudsman and the ombudsman's staff, except for functions specifically reserved
				to the appointed Ombudsman or the Acting Ombudsman under
				AS
				24.55.070, the determination of a conflict of
				interest under
				21 AAC 25.150, issuance of a wri
				tten determination of a contract controversy or protest under 21 AAC 10, or the
				response to a grievance filed under
				21 AAC 10.300;
(2) "person" has the same meaning as in
				AS
				01.10.060.
Authority:
AS
					 24.55.090
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 6 - General Provisions › 21 AAC 25.520 - Computation of time

Current through May 31, 2024
For purposes of this chapter, time periods will be computed
				  according to
				  AS
				  01.10.080.
Authority:
AS
					 24.55.090
Alaska Administrative Code › Title 21 - Ombudsman › Chapter 25 - Complaint Intake and Ombudsman Investigations › Article 6 - General Provisions › 21 AAC 25.530 - Notice

Current through May 31, 2024
For purposes of this chapter, notification or notice includes
				  either verbal or written communication, unless a regulation or statute
				  expressly requires written notice. Written notice may be provided by letter,
				  facsimile transmission, or electronic mail.
Authority:
AS
					 24.55.090
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 1 - Admission to Adult Correctional Facilities › 22 AAC 05.005 - Health inspection upon initial admission

Current through May 31, 2024
(a) A facility must
				provide for the safekeeping, housing, care, and subsistence of a person
				admitted to the facility under
				22 AAC 05.020; however, if the
				admitting facility staff member finds the person to be unconscious or in
				immediate need of medical attention, the staff member shall advise the
				remanding or admitting party to contact responsible medical authority. The
				initial admission process may not be commenced until the admitting staff member
				is satisfied that the admittee has received medical attention, unless admission
				is sought under
				AS
				47.37.170(b) and
				22 AAC 05.020(4).
(b) During the initial admission process, the
				admitting staff member shall determine whether the admittee is in need of
				medical attention, by inspecting for obvious injuries or illnesses, and by
				inquiring about any medical problems or recent use of medication or
				unprescribed drugs. A person who appears to be ill, injured, or incapacitated
				by alcohol, narcotics, or similar agents, but not in immediate need of medical
				attention, must be given medical attention as soon as practical. A written
				record must be kept of the initial admission health inspection.
Authority:
AS
					 33.30.011
AS 33.30.021
AS 33.30.071
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 1 - Admission to Adult Correctional Facilities › 22 AAC 05.010 - Search upon admission

Current through May 31, 2024
(a) Facility staff members shall frisk a
				prisoner and hand-carried items for weapons or other contraband immediately
				upon entrance to the facility.
(b)
				A full and complete search of the prisoner and his or her personal effects must
				be made to complete the admission process. The purpose of the search is to
				account for property, seize contraband, or ascertain the prisoner's true
				identity. The staff member shall require the prisoner to undress as part of the
				search upon admission. Absent exigent circumstances, a staff member of the same
				sex shall conduct a search of the person. A search may be deferred while a
				prisoner is incapacitated.
(c)
				Notwithstanding (b) of this section, the search may not take place if the
				prisoner is able to post bail or otherwise arrange release within one hour
				after entrance into the facility.
Authority:
AS
					 11.56.375
AS 11.56.380
AS 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 1 - Admission to Adult Correctional Facilities › 22 AAC 05.015 - Communications upon entrance

Current through May 31, 2024
(a) Immediately
				upon entrance to a facility, a person under arrest for a new criminal offense
				or probation or parole violation must be permitted to complete phone calls or
				otherwise communicate with an attorney and any relative or friend. All long
				distance phone calls must be made collect or arranged so as not to be made at
				the expense of the facility.
(b)
				Facility staff members may complete the procedures outlined in
				22 AAC 05.010(a)
				before allowing a person to communicate under (a) of this section.
Authority:
AS
					 12.25.150
AS 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 1 - Admission to Adult Correctional Facilities › 22 AAC 05.020 - Legal authority to admit

Current through May 31, 2024
(a) Nothing in this
				section requires that the department accept custody of a prisoner or admit a
				prisoner into a correctional or contract facility. The commissioner will
				determine if the department will accept or admit a particular type of prisoner.
				To determine if the department will accept or admit a particular type of
				prisoner, the commissioner will consider factors that include the following:
(1) the legal status of the
				prisoner;
(2) the mental or
				physical health of the prisoner;
(3) the grounds for detention of the
				prisoner;
(4) the circumstances
				upon which the prisoner is being brought to the department, including which
				agency seeks to relinquish custody of the prisoner to the department;
(5) the capability of the correctional or
				contract facility to handle a particular type of prisoner.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 1 - Admission to Adult Correctional Facilities › 22 AAC 05.025 - Photographs upon initial admission

Current through May 31, 2024
The commissioner will, in his or her discretion, require a
				  person initially admitted to a facility to be photographed as soon as
				  practical, except that those persons under the age of majority held under
				  AS
				  47.10.010 will not be photographed except by
				  court order.
Authority:
AS
					 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 1 - Admission to Adult Correctional Facilities › 22 AAC 05.030 - Fingerprints upon initial admission

Current through May 31, 2024
The commissioner will, in his or her discretion, require a
				  person initially admitted to a facility on criminal charges to be fingerprinted
				  as soon as practical; however, those persons under the age of majority, as
				  defined in
				  AS
				  47.10.010, will not be fingerprinted except
				  by court order.
Authority:
AS
					 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 1 - Admission to Adult Correctional Facilities › 22 AAC 05.035 - Storage and disposal of personal property

Current through May 31, 2024
(a) Each facility
				must provide a secure area where a limited amount of a prisoner's personal
				property may be stored. This is to protect the prisoner's property from theft
				and the department from claims of theft and not to protect the prisoner's
				privacy. Upon admission, an inventory of all the prisoner's property must be
				made in the prisoner's presence and the prisoner shall sign a receipt. The
				inventory may be deferred if a prisoner is incapacitated. The prisoner bears
				responsibility for arranging for disposition of personal property in excess of
				the amount allowed to be stored in the facility. If a prisoner cannot or will
				not dispose of excess personal property, the facility may dispose of it under
				procedures approved by the commissioner.
(b) Except as provided in (c) of this
				section, a prisoner shall provide for the appropriate disposition of his or her
				personal property remaining at a correctional facility within 90 days after the
				date the property is declared excess or the date of the prisoner's release or
				transfer from the correctional facility.
(c) When a prisoner is transferred from one
				correctional facility to another, the superintendent shall provide for the
				shipment to the receiving facility of a reasonable amount of the prisoner's
				personal property as determined by the commissioner.
Authority:
AS
					 12.25.140
AS 33.30.011
AS 33.30.021
AS 33.30.251
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 2 - Security › 22 AAC 05.045 - Facility security responsibility

Current through May 31, 2024
(a) Each facility
				must provide security consistent with the needs of the individual prisoner, the
				general population of the facility, and the community at large.
(b) Security is the responsibility of every
				facility staff member regardless of job description or classification. All
				staff members may be required to report to duty at any time and may be assigned
				to security duty in any type of emergency situation.
Authority:
AS
					 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 2 - Security › 22 AAC 05.050 - Plans for emergencies and the evacuation of prisoners

Current through May 31, 2024
(a) The
				superintendent shall prepare, with the approval of the commissioner, plans to
				deal with a catastrophe or a declared state of emergency that necessitates the
				evacuation of the facility. The superintendent shall ensure that evacuation
				routes are clearly marked and posted and that all facility staff members are
				instructed in their duties in order to implement the plans.
(b) If, as the result of an emergency, the
				commissioner orders the evacuation of a facility, prisoners must be transported
				under guard, except that the following may be released on their own in order to
				report to a designated location at a designated time:
(1) prisoners solely charged with or
				convicted of a misdemeanor;
(2)
				prisoners classified minimum or community custody; and
(3) prisoners held under contempt of court or
				any form of civil process, excluding mental commitments and persons
				incapacitated by alcohol.
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 2 - Security › 22 AAC 05.055 - Firearms and security equipment

Current through May 31, 2024
(a) Firearms and
				security equipment kept at a facility must be stored in an armory or other
				secure area. Only a staff member of the rank of superintendent or higher may
				order the issuance of firearms to facility staff members. Weapons may be issued
				only for the performance of official duties, including manning observation
				towers, roving patrol, searching for escapees, transportation of prisoners,
				training, or for emergency use in the facility. Only employees who are
				certified by the department in the use of firearms may be issued
				firearms.
(b) Each facility must
				provide a secure area for the storage of weapons of law enforcement officials
				or other armed visitors entering the facility.
Authority:
AS
					 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 2 - Security › 22 AAC 05.060 - Use of force, chemical agents, mechanical restraints, nudity, or corporal punishment within a facility

Current through May 31, 2024
(a) A facility
				staff member may not, in a facility, use physical force, chemical agents,
				mechanical restraints, or deprive a prisoner of clothing, except when necessary
				in self-defense, to protect a person from imminent physical harm, to enforce a
				lawful order of a staff member in the face of physical resistance by a
				prisoner, to carry out medical instructions, to prevent escape or serious
				damage to property, or in the conduct of a search, and only then for a period
				reasonably necessary to control or isolate a prisoner, to obtain medical
				advice, or to alleviate the security threat. The use of force must always be
				limited to the extent reasonably necessary to accomplish its purpose.
(b) In no event may physical force, nudity,
				restraints, or chemical agents be used against a prisoner for purposes of
				punishment.
(c) A facility staff
				member must obtain prior authorization from the superintendent, and must have
				training, before using chemical agents, including tear gas and mace.
(d) If a prisoner is exposed to a chemical
				agent, medical personnel shall examine the prisoner as soon as reasonably
				possible after the exposure.
Authority:
AS
					 11.81.410
AS 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 2 - Security › 22 AAC 05.065 - Facility searches

Current through May 31, 2024
Each facility must be searched for prohibited articles.
				  Searches must be periodic and timed so that they are not
				  anticipated.
Authority:
AS
					 11.56.375
AS 11.56.380
AS 33.30.011
AS 33.30.021
AS
					 44.28.030
Alaska Administrative Code › Title 22 - Department of Corrections › Chapter 05 - Adult Facilities › Article 2 - Security › 22 AAC 05.067 - Prisoner searches

Current through May 31, 2024
(a) Searches of individual prisoners must be
				reasonably related to the security interests of the facility.
(b) Prisoners are subject to a frisk search
				by facility staff at any time.
(c)
				A prisoner is subject to a strip search, by a staff member who, except under
				exigent circumstances, must be the same sex as the prisoner being searched,
(1) upon initial admission;
(2) upon apprehension from an escape or
				attempted escape;
(3) upon initial
				admission to segregation;
(4) upon
				re-entry to a facility after leaving the security perimeter or
				grounds;
(5) at the conclusion of a
				contact visit;
(6) upon returning
				from a classroom or area where tools were present or in use, or other similar
				circumstances;
(7) upon return from
				the grounds of a facility which are accessible for the introduction of
				contraband, and other similar circumstances; and
(8) at any time there exists a reasonable
				basis to conclude the prisoner is in possession of contraband.