460 IAC 20-13-2 Complaint investigator responsibilities

Sec. 2. (a) The complaint investigator shall do the following: (1) Carry out an independent, on-site investigation, if the investigator determines an on-site investigation is necessary, including contacting the complainant and the participating agency named in the complaint to clarify the issues if necessary. (2) Give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint. (3) Review all relevant information and make an independent determination as to whether the participating agency violated, or is violating, the laws, regulations, and rules directing the early intervention system. (4) Issue a written decision that addresses each allegation in the complaint, and contains findings of fact and conclusions, and the reasons for the complaint investigator's final decision. The written decision shall be provided to the following: (A) The complainant. (B) The director or chief executive officer of the participating agency involved. (C) The director of the division. (5) Facilitate procedures for effective implementation of the written decision, if needed, including: (A) technical assistance activities; (B) negotiations; and (C) corrective actions to achieve compliance. (b) The final written response of the complaint investigator shall be issued within sixty (60) days of the date the written complaint is received by the division. (c) An extension of time for issuance of the written decision may be granted by the director of the division, upon request of the complaint investigator, if exceptional circumstances exist with respect to a specific complaint and good cause is shown. In that event, all parties shall be notified, in writing, of any extension and the reasons therefor. (d) Any timelines for the participating agency to submit a corrective action plan and to achieve compliance with the plan shall be included in the complaint investigator's decision. Compliance with orders issued by the complaint investigator shall be monitored by the division and the LPCC.