Title 24 — Legislature and Lobbying
16 chapters · 304 sections in this title.
AS 24.55.010 Office of the ombudsman.
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There is created in the legislative branch of the state the office of the ombudsman.
AS 24.55.020 Appointment of the ombudsman.
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(a) A candidate for appointment as the ombudsman shall be nominated by the ombudsman selection committee composed of three members of the senate appointed by the president of the senate and three members of the house of representatives appointed by the speaker of the house. One m…
AS 24.55.030 Qualifications; prohibition against political activity.
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(a) A person may not serve as ombudsman (1) within one year of the last day on which the person served as a member of the legislature; (2) while the person is a candidate for or holds any other national, state, or municipal office; nor may the ombudsman become a candidate for nat…
AS 24.55.040 Term of office.
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(a) The term of office of the ombudsman is five years. An ombudsman may be reappointed but may not serve for more than three terms. (b) If the term of an ombudsman expires without the appointment of a successor under this chapter, the incumbent ombudsman may continue in office un…
AS 24.55.050 Removal.
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The legislature, by a concurrent resolution adopted by a roll call vote of two-thirds of the members in each house entered in the journal, may remove or suspend the ombudsman from office, but only for neglect of duty, misconduct, or disability.
AS 24.55.060 Compensation.
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The ombudsman is entitled to receive an annual salary equal to a step in Range 26 on the salary schedule set out in AS 39.27.011(a).
AS 24.55.070 Staff and delegation.
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(a) The ombudsman shall appoint a person to serve as acting ombudsman in the absence of the ombudsman. The ombudsman shall also appoint assistants and clerical personnel necessary to carry out the provisions of this chapter. (b) The ombudsman may delegate to the assistants any of…
AS 24.55.080 Office facilities and administration.
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(a) Subject to restrictions and limitations imposed by the executive director of the Legislative Affairs Agency, the administrative facilities and services of the Legislative Affairs Agency, including computer, data processing, and teleconference facilities, may be made available…
AS 24.55.090 Procedure.
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Article 2. Jurisdiction and Initiation of Investigations. (a) The ombudsman shall, by regulations adopted under AS 44.62 (Administrative Procedure Act), establish procedures for receiving and processing complaints, conducting investigations, reporting findings, and ensuring that …
AS 24.55.100 Jurisdiction.
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(a) The ombudsman has jurisdiction to investigate the administrative acts of agencies. (b) The ombudsman may exercise the ombudsman's powers without regard to the finality of an administrative act.
AS 24.55.110 Investigation of complaints.
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The ombudsman shall investigate any complaint that is an appropriate subject for investigation under AS 24.55.150, unless the ombudsman reasonably believes that (1) there is presently available an adequate remedy for the grievance stated in the complaint; (2) the complaint relate…
AS 24.55.120 Investigation on the ombudsman's motion.
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The ombudsman may investigate the administrative act of an agency on the ombudsman's own motion if the ombudsman reasonably believes that it is an appropriate subject for investigation under AS 24.55.150.
AS 24.55.130 Notice to complainant.
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(a) If the ombudsman decides not to investigate a complaint, the ombudsman shall inform the complainant of that decision and shall state the reasons. (b) If the ombudsman decides to investigate a complaint, the ombudsman shall notify the complainant of the decision. (c) Notice gi…
AS 24.55.140 Notice to the agency.
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Article 3. Investigations. If the ombudsman decides to investigate a complaint, the ombudsman shall notify the agency of the intention to investigate unless the ombudsman believes that advance notice will unduly hinder the investigation or make it ineffectual. Notice given under …
AS 24.55.150 Appropriate subjects for investigation.
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(a) An appropriate subject for investigation by the ombudsman is an administrative act of an agency that the ombudsman has reason to believe might be (1) contrary to law; (2) unreasonable, unfair, oppressive, arbitrary, capricious, an abuse of discretion, or unnecessarily discrim…
AS 24.55.160 Investigation procedures; privileged communications.
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(a) In an investigation, the ombudsman may (1) make inquiries and obtain information considered necessary; (2) enter without notice to inspect the premises of an agency, but only when agency personnel are present; (3) hold private hearings; and (4) notwithstanding other provision…
AS 24.55.170 Powers.
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Article 4. Procedure and Reports After Investigation. (a) Subject to the privileges that witnesses have in the courts of this state, the ombudsman may compel by subpoena, at a specified time and place, the (1) appearance and sworn testimony of a person who the ombudsman reasonabl…
AS 24.55.180 Consultation.
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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 …
AS 24.55.190 Procedure after investigation.
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(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 regu…
AS 24.55.200 Publication of recommendations.
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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 o…
AS 24.55.210 Notice to the complainant.
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After a reasonable time has elapsed, the ombudsman shall notify the complainant of the actions taken by the ombudsman and by the agency.
AS 24.55.220 Misconduct by agency personnel.
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Article 5. Miscellaneous. 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, …
AS 24.55.230 Annual report.
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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.
AS 24.55.240 Judicial review.
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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.
AS 24.55.250 Immunity of the ombudsman.
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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.
AS 24.55.260 Ombudsman's privilege not to testify or disclose documents.
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(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) Th…
AS 24.55.270 Letters to or from ombudsman.
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A letter to the ombudsman from a person held in custody by an agency shall be forwarded immediately, unopened, to the ombudsman. A letter from the ombudsman to a person held in custody by an agency shall be delivered immediately, unopened, to the person.
AS 24.55.275 Procurement procedures.
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The ombudsman shall adopt by regulation procurement procedures that are appropriate for the office of the ombudsman and that are similar to those adopted by the legislative council under AS 36.30.020, as they may be amended from time to time. The procedures shall be followed by t…
AS 24.55.280 Time for judicial review of agency action.
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This chapter in no way extends the time limit in which judicial review of agency action must be sought.
AS 24.55.290 Penalty.
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Article 6. General Provisions. A person who wilfully hinders the lawful actions of the ombudsman or the staff of the ombudsman, or who wilfully refuses to comply with their lawful demands, or who wilfully violates AS 24.55.270, is guilty of a misdemeanor and upon conviction is pu…
AS 24.55.300 Administrative Procedure Act.
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The administrative acts of the ombudsman are not subject to the provisions of AS 44.62 (Administrative Procedure Act), except as provided in AS 24.55.090.
AS 24.55.310 Conflict of interest. [Repealed, § 42 ch 127 SLA 1992.]
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[Repealed or reserved.]
AS 24.55.320 Municipalities and school districts.
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A municipality or school district may elect to become subject to the jurisdiction of the ombudsman appointed under this chapter. If a municipality or school district so elects, it shall notify the ombudsman of that election and shall thereafter be considered an agency for the pur…
AS 24.55.330 Definitions.
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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…
AS 24.55.340 Short title.
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This chapter may be cited as The Ombudsman Act.