41-1377. Scope of investigations

A. On receiving a complaint the ombudsman-citizens aide may investigate administrative acts of agencies that the ombudsman-citizens aide has reason to believe may be:

1. Contrary to law.

2. Unreasonable, unfair, oppressive, arbitrary, capricious, an abuse of discretion or unnecessarily discriminatory, even though they may be in accordance with law.

3. Based on a mistake of fact.

4. Based on improper or irrelevant grounds.

5. Unsupported by an adequate statement of reasons.

6. Performed in an inefficient or discourteous manner.

7. Otherwise erroneous.

B. On receiving a complaint the ombudsman-citizens aide may investigate to find an appropriate remedy.

C. On receiving a complaint the ombudsman-citizens aide may refuse to investigate an administrative act of an agency that otherwise qualifies for investigation under subsection A of this section if:

1. There is presently available an adequate remedy for the grievance stated in the complaint.

2. The complaint relates to a matter that is outside the duties of the ombudsman-citizens aide.

3. The complaint relates to an administrative act that the complainant has had knowledge of for an unreasonable time period before filing the complaint.

4. The complainant does not have a sufficient personal interest in the subject matter of the complaint.

5. The complaint is trivial or made in bad faith.

6. The resources of the office of ombudsman-citizens aide are insufficient to adequately investigate the complaint.

D. The ombudsman-citizens aide shall refuse to investigate complaints filed by a person in the custody of the state department of corrections.

E. On receiving a complaint that involves confidential information as defined in section 42-2001, the ombudsman-citizens aide shall either:

1. Work with the department of revenue problem resolution officer or an employee of the department of revenue who is authorized to access confidential taxpayer information.

2. Obtain a power of attorney from the taxpayer to access confidential information specific to the complainant in a form acceptable to the department of revenue.

F. On receiving a complaint that involves confidential information relating to section 36-2903, subsection I, section 36-2917, section 36-2932, subsection F or section 36-2972, the ombudsman-citizens aide shall either:

1. Work with the Arizona health care cost containment system administration employee who is authorized to access confidential information.

2. Obtain a power of attorney from the complainant to access confidential information specific to the complainant in a form acceptable to the Arizona health care cost containment system administration.

G. On receiving a complaint that involves confidential information relating to sections 36-507, 36-509 and 36-2220, the ombudsman-citizens aide shall either:

1. Work with the department of health services employee who is authorized to access confidential information.

2. Obtain a power of attorney from the complainant to access confidential information specific to the complainant in a form acceptable to the department of health services.