R356-9-6. Review of a Complaint

(1) Once a complaint is received from the coordinator, the chair shall schedule a meeting of the full committee to review the complaint as soon as practicable. (2)(a) If the committee determines that the complaint does not allege a violation of a victim's rights, the chair shall issue a letter as described in Subsection 63M-7-1003(2)(a). (b) The coordinator shall send a copy of the letter to the victim or the representative of the victim as described in Subsection 63M-7-1003(2)(b). (3) If the committee determines that the complaint does allege a violation of a victim's rights, the coordinator shall: (a) forward a copy of the complaint to the subject of the complaint; and (b) notify the victim and the subject of the complaint that: (i) the complaint will be considered at the committee's next meeting; and (ii) the victim or the subject of the complaint may attend the committee meeting or submit additional information for the committee's consideration. (4) If the complaint alleges that a criminal justice agency or an employee of a criminal justice agency violated a victim's rights, the coordinator shall contact the criminal justice agency and request a copy of any investigative findings the criminal justice agency may have related to the complaint. (5) At the subsequent meeting the committee: (a) shall review all documentation received related to the complaint; and (b) may hear from the victim or the subject of the complaint. (6) The committee may request additional information from: (a) the victim or a representative of a victim who submitted the complaint; (b) the subject of the complaint; (c) a criminal justice agency; or (d) any other individual or entity who may have information related to the complaint; (7)(a) After full consideration, the committee shall determine whether a violation of a victim's rights occurred. (b) The chair shall issue a letter with the committee's findings or recommendations as provided in Subsection 63M-7-1003(6). (c) The coordinator shall send a copy of the letter to the: (i) victim or the representative of a victim as provided in Subsection 63M-7-1003(7); and (ii) subject of the complaint; and (iii) supervisor of the subject of the complaint.