Every complaint filed under the provisions of this chapter shall be processed in the manner provided by regulations, and the Advocate shall advise the complainant of his decision to investigate the facts presented. He shall also advise him, when indicated, of his decision not to investigate the complaint in question, stating his reasons therefor. In those cases that he decides to investigate the complaint, on the same date he processes the corresponding notice to the complainant, he shall thus advise the respondent public agency or the private entity, as the case may be, with a statement of the facts alleged in the complaint, and a quotation from the law that empowers him to perform such investigation.
Notwithstanding the provisions of § 823e of this title, the Advocate shall not investigate those complaints which, in his judgment:
(a) The complaint refers to some matter outside of his jurisdiction.
(b) The complaint is frivolous or has been filed in bad faith.
(c) The complainant voluntarily desists from continuing the course of the complaint filed.
(d) The complainant does not have the capacity to file the complaint.
(e) The complaint is being investigated by another agency and, in the Advocate’s judgment, would duplicate efforts if acted upon.
In those cases in which the complaint filed does not introduce any adjudicable contention or refers to some matter beyond the Office’s jurisdiction, the Advocate shall advise the complainant regarding the solution thereof, or shall refer it to the proper agency.
Provided, That the Advocate may perform whatever investigations he considers pertinent, provided there are sufficient reasons, in his judgment, to cause an investigation as provided in § 823e of this title.
History —June 27, 1987, No. 57, p. 188, § 8.