Current through Register Vol. 47, No. 6, September 18, 2024
(1)
Issuance of reports. The ombudsman may prepare a report of the
findings of fact, conclusions, and recommendations relevant to an
investigation.
a.
Critical
reports. If the ombudsman determines as a result of an investigation
that an administrative action of an agency, officer or employee warrants
criticism, the ombudsman may issue a critical report containing the findings,
conclusions and recommendations relevant to that investigation.
b.
Special reports. A
special report may be issued if the findings of fact, conclusions, or
recommendations are not critical of an agency, or an officer or employee of an
agency, but are of significant interest to the public.
(2)
Publication of reports.
The ombudsman may publish and send a critical report or a special report to the
governor, the general assembly or any of the committees of the general
assembly. Any published report sent to the governor, the general assembly or
any of its committees becomes public information and may be disseminated to the
news media and to any interested members of the general public upon
request.
(3)
Prepublication
procedure for critical reports. Before publishing a critical report or
announcing a conclusion or recommendation which criticizes an agency, officer
or employee, the ombudsman shall consult with that agency, officer or employee.
a.
Transmission to agency.
The ombudsman shall transmit a copy of the critical report to the agency and
each officer or employee who is a subject of the criticism and allow the
agency, officer or employee a reasonable opportunity to reply to the report in
writing.
b.
Reply to
report. The agency, officer or employee shall notify the ombudsman
within 7 days from the date the critical report is received of any decision by
that agency, officer or employee to make a reply. The agency, officer or
employee shall be allowed 30 days from the date of receipt of the critical
report to submit a written reply to the ombudsman. The ombudsman may for good
cause extend the time allowed to submit the reply, if an extension is requested
by the agency, officer or employee.
c.
Comment to reply. The
ombudsman may comment on any reply from an agency, officer or employee. The
comments may include modifications by the ombudsman to any findings,
conclusions, or recommendations in the critical report. The ombudsman shall
transmit in writing any comments to the replying agency, officer or
employee.
d.
Reply or
comment attached to report. Any unedited reply made by an agency,
officer or employee and any written comments by the ombudsman shall be attached
to every critical report which is published, sent, or disseminated by the
ombudsman, unless inclusion of the reply is waived by the agency, officer or
employee.
e.
Confidential
information not published. The ombudsman may not publish any
confidential information which the ombudsman is not authorized to disclose or
is prohibited from disclosing by law. The ombudsman may prepare, for the
purpose of publication, an edited version of the critical report, from which
confidential information has been deleted or excluded. The ombudsman shall
transmit the edited version of the critical report to the agency, officer or
employee and consult with that agency, officer or employee to ensure the report
does not contain confidential information that may not be disclosed. Any reply
or comment which is attached to this report and which contains confidential
information that may not be disclosed shall likewise be edited to delete or
exclude the confidential information.
