US Lawyer Database

Sec. 24.55.330. Definitions.

In this chapter, (1) “administrative act” means an action, omission, decision, recommendation, practice, policy, or procedure of an agency, but does not include the preparation or presentation of legislation or the substantive content of a judicial order, decision, or opinion; (2) “agency” includes a department, office, institution, corporation, authority, organization, commission, committee, council, or board […]

Sec. 24.55.180. Consultation.

Before giving an opinion or recommendation that is critical of an agency or person, the ombudsman shall consult with that agency or person. The ombudsman may make a preliminary opinion or recommendation available to the agency or person for review, but the preliminary opinion or recommendation is confidential and may not be disclosed to the […]

Sec. 24.55.190. Procedure after investigation.

(a) The ombudsman shall report the opinion and recommendations of the ombudsman to an agency if the ombudsman finds, after investigation, that (1) a matter should be further considered by the agency; (2) an administrative act should be modified or cancelled; (3) a statute or regulation on which an administrative act is based should be […]

Sec. 24.55.200. Publication of recommendations.

Within a reasonable amount of time after the ombudsman reports the opinion and recommendations to an agency the ombudsman may present the opinion and recommendations to the governor, the legislature, a grand jury, the public or any of these. The ombudsman shall include with the opinion any reply made by the agency.

Sec. 24.55.220. Misconduct by agency personnel.

If the ombudsman believes there is a breach of duty or misconduct by an officer or employee of an agency in the conduct of the officer’s or employee’s official duties, the ombudsman shall refer the matter to the chief executive officer of the agency or, when appropriate, to a grand jury or to another appropriate […]

Sec. 24.55.230. Annual report.

The ombudsman shall submit to the public an annual report of the ombudsman’s activities under this chapter and notify the legislature that the report is available.

Sec. 24.55.240. Judicial review.

A proceeding or decision of the ombudsman may be reviewed in superior court only to determine if it is contrary to the provisions of this chapter.

Sec. 24.55.250. Immunity of the ombudsman.

A civil action may not be brought against the ombudsman or a member of the ombudsman’s staff for anything done, said, or omitted in performing the ombudsman’s duties or responsibilities under this chapter.

Sec. 24.55.260. Ombudsman’s privilege not to testify or disclose documents.

(a) The ombudsman and staff of the ombudsman may not testify or be deposed in a judicial or administrative proceeding regarding matters coming to their attention in the exercise of their official duties, except as may be necessary to enforce the provisions of this chapter. (b) The records of the ombudsman and staff of the […]