141—2.5(2C) Preliminary review and inquiry.

1. 2.5(1)  Review of complaint. The ombudsman shall review and consider each complaint to determine if it is within the ombudsman’s jurisdiction, if it is an appropriate subject for investigation, and if it warrants an investigation, under the criteria in rule 141—2.6(2C).
2. 2.5(2)  Preliminary inquiry. The ombudsman may make a preliminary inquiry to obtain information for the purpose of making the determination required in subrule 2.5(1). A preliminary inquiry may utilize any of the methods available for investigations under subrule 2.9(1). However, a preliminary inquiry shall not be considered an investigation.

3. 2.5(3)  Resolution without investigation. If, in the course of a preliminary inquiry on the complaint, an agency provides an explanation or response or takes an action which resolves the complaint, the ombudsman may decline to investigate the complaint. The ombudsman shall inform the complainant regarding the resolution of the complaint. However, the resolution of a complaint during a preliminary review and inquiry does not preclude the ombudsman from conducting an investigation into the complaint.

   [Adopted and published 10/26/16 pursuant to Iowa Code section 2C.9(5), effective 11/1/16]