Section 2 AAC 50.870 - Complaints(a) A person, including a member of the commission or the staff, may file a complaint alleging a violation of AS 15.13, AS 24.45, AS 24.60.200 - 24.60 260, AS 39.50, or this chapter.(b) A complaint under this section must be in writing, and must be signed, under oath and upon penalty of perjury, before a notary public, municipal clerk, court clerk, postmaster, or other person authorized to administer oaths. The complaint may be on a form provided by the commission or in any other form that provides the following information:(1) the full name, mailing address, and telephone number of the complainant;(2) the name of the person alleged to be in violation;(3) the statute or regulation alleged to be violated;(4) a clear and concise description of facts that, if true, would violate a provision of AS 15.13, AS 24.45, AS 24.60.200 - 24.60 260, AS 39.50, or this chapter;(5) the basis of the complainant's knowledge of the facts alleged, including those based on personal knowledge and those based upon other sources of information and belief;(6) relevant documentation or other evidence that is available to the complainant; and(7) proof that a copy of the complaint and documentation was mailed or delivered to the person alleged to be in violation.(c) No later than one day after receiving a complaint, the staff shall determine if the complaint(1) is signed and notarized under oath;(2) contains the information required in (b) of this section;(3) alleges facts that, if true, would be a violation of AS 15.13, AS 24.45, AS 24.60.200 - 24.60 260, AS 39.50, or this chapter; and(4) alleges a violation that occurred within the last five years.(d) If the staff determines that the complaint does not meet all the criteria of (c) of this section, the staff shall, no later than one day after receiving the complaint, reject the complaint, and notify the complainant, the person alleged to be in violation, and the commission of the rejection and the reason. A person that filed a complaint rejected by the staff may file a written request asking the commission to review the rejection. The commission will review the complaint and the reasons for the staff's rejection of the complaint at the next regularly scheduled commission meeting unless, in its discretion, the commission schedules the matter for a special meeting. The commission will (1) affirm the staff's rejection of the complaint; or(2) find that the complaint meets the criteria in (c) of this section, and either set a hearing for expedited consideration or direct the staff to conduct an investigation.(e) If the staff determines that the complaint meets all the criteria of (c) of this section, the staff shall, no later than seven days after receiving the complaint, notify the complainant, the person alleged to be in violation, and the commission. The notice must include the statement that the person alleged to be in violation may file a written answer no later than 15 days after the date of the notice. The staff shall investigate the complaint as set out in 2 AAC 50.875.(f) After accepting a complaint and before issuance of an investigation report under 2 AAC 50.875, the complainant, the executive director, and the respondent may agree in writing to withdraw the complaint. The executive director shall notify the commission that the complaint has been withdrawn by agreement. further action on the withdrawn complaint will not be taken except upon subsequent order of the commission.Eff. 12/22/2011, Register 200; am 1/16/2015, Register 213, April 2015Authority:AS 15.13.030
AS 15.13.045
AS 15.13.380
AS 15.13.390
AS 24.45.021
AS 24.45.031
AS 24.45.131
AS 24.45.135
AS 24.60.220
AS 24.60.225
AS 39.50.050
AS 39.50.055