Current through L. 2024, ch. 259
Section 41-1377 - Scope of investigationsA. 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: 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.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.