141—2.9(2C) Investigations.

1. 2.9(1)  Methods. The ombudsman may use any one or more of the following methods in conducting an investigation:

   1. a. Review applicable laws, rules, regulations, and policies;
   2. b. Request a statement from an agency providing reasons for taking an administrative action;
   3. c. Make informal verbal or written inquiries to an agency and other persons for assistance or information;
   4. d. Take testimony from any person as provided under rule 141—2.11(2C).
   5. e. Examine and copy records or documents of an agency;
   6. f. Enter and inspect without advance notice any premises within an agency’s control;
   7. g. Attend administrative hearings or proceedings;
   8. h. Issue a subpoena to compel a person to provide sworn testimony or to produce relevant records or documents;
   9. i. Hold private hearings;
   10. j. Convene a public hearing as a forum to obtain public input or comment on a subject of general or broad public concern;
   11. k. Any other method determined appropriate by the ombudsman.
2. 2.9(2)  Ex parte communications. A communication or receipt of information by the ombudsman or any person in the course of an investigation shall not be considered an ex parte communication as described in Iowa Code section 17A.17.

3. 2.9(3)  Status reports. The ombudsman shall report the status of an investigation to the complainant upon request of the complainant or whenever it is deemed appropriate.

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