41-1379. Procedures after an investigation

A. If an opinion or recommendation of the ombudsman-citizens aide is critical of a person or agency, the ombudsman-citizens aide shall first consult with the person or agency before rendering the opinion or recommendation. A preliminary opinion or preliminary recommendation is confidential and shall not be publicly disclosed by any party.

B. The ombudsman-citizens aide shall report the ombudsman-citizens aide's opinion and recommendations to an agency, if the ombudsman-citizens aide finds, after investigation, that:

1. A matter should be further considered by that agency.

2. A matter should be referred to the presiding officers of both houses of the legislature for further investigation or legislative action.

3. A statute or rule on which an administrative act is based should be amended.

4. An administrative act should be modified or cancelled.

5. Reasons should be given for an administrative act.

6. There are no grounds or there are insufficient grounds for action by the agency.

7. Any other action should be taken by the agency.

8. The agency's action was arbitrary or capricious, constituted an abuse of discretion or was not according to law.

C. The ombudsman-citizens aide may request the agency to notify the office within a specified time of any action taken on his recommendations.

D. The ombudsman-citizens aide shall notify the complainant of the ombudsman-citizens aide's recommendations and the actions taken by the agency.

E. If the ombudsman-citizens aide believes there is a breach of duty or misconduct by an officer or employee of an agency in the conduct of the officer's or employee's duty, the ombudsman-citizens aide shall refer the matter to the chief executive officer of the agency, to the presiding officer of both houses of the legislature, to a prosecutor's office or to another appropriate official or agency.