Notwithstanding the provisions of this chapter, the Advocate shall not investigate those complaints when in his judgment, the following has been determined:
(a) The complaint refers to a matter outside the scope of his jurisdiction.
(b) The complaint is frivolous or has been filed in bad faith.
(c) The complainant voluntarily desists of pursuing the processing of the complaint filed.
(d) The complainant is unfit to file a complaint.
(e) The complaint is under investigation by another agency and, in the judgment of the Advocate, it would result in a duplication of efforts.
In those cases in which the complaint filed by the patient, his parents or guardian does not involve any controversy that can be adjudicated or that refers to a matter outside the scope of jurisdiction of the Office, the Advocate shall refer the same to the pertinent agency and shall oversee its resolution in compliance with the provisions of the Bill of Rights and Responsibilities of the Patient, the Constitution of the Commonwealth of Puerto Rico, and any other applicable laws.
The Advocate, on his own initiative, may conduct the investigations deemed pertinent, provided that in his judgment there are sufficient grounds for conducting an investigation pursuant to the provisions of this chapter.
History —Apr. 11, 2001, No. 11, § 8.