Notwithstanding the provisions of § 532g of this title, the Investigating Official shall not investigate those complaints which, in his judgment:
(a) Refer at any matter outside of his jurisdiction.
(b) Are frivolous or have been filed in bad faith.
(c) The complainant voluntarily desists from continuing the procedures of the complaint filed.
(d) The complainant is not qualified to file the complaint.
(e) The complaint is being investigated by another agency and, in the Investigating Official’s judgment, it would be a duplication of efforts to act on it.
(f) The action filed by the complainant or petitioner has prescribed and there are no other grounds to grant the requested remedy.
In those cases in which the petition or complaint filed by the disabled person, his/her parents or tutor, does not present any controversy that can be adjudicated or refers to some matter outside of the jurisdiction of the Office, the Investigating Official shall advise the complainant with regard to its solution or shall refer it to the pertinent agency.
Provided, That the Investigating Official, on his own initiative, may perform whatever investigations he/she deems pertinent, if in his/her judgment there are sufficient reasons to justify an investigation according to what is provided in § 532g of this title.
History —Sept. 27, 1985, No. 2, p. 816, § 11, renumbered as § 14 and amended on Aug. 30, 1999, No. 298, § 8.