Subd. 1. Powers.

The ombudsman may:

1. (a) prescribe the methods by which complaints are to be made, reviewed, and acted upon; provided, however, that the ombudsman may not levy a complaint fee;
2. (b) determine the scope and manner of investigations to be made;
3. (c) except as otherwise provided, determine the form, frequency, and distribution of conclusions, recommendations, and proposals; provided, however, that the governor or a representative may, at any time the governor deems it necessary, request and receive information from the ombudsman. Neither the ombudsman nor any member of the ombudsman's staff shall be compelled to testify or to produce evidence in any judicial or administrative proceeding with respect to any matter involving the exercise of the ombudsman's official duties except as may be necessary to enforce the provisions of sections 241.41 to 241.45;
4. (d) investigate, upon a complaint or upon personal initiative, any action of an administrative agency;
5. (e) request and shall be given access to information in the possession of an administrative agency deemed necessary for the discharge of responsibilities;
6. (f) examine the records and documents of an administrative agency;
7. (g) enter and inspect, at any time, premises within the control of an administrative agency;
8. (h) subpoena any person to appear, give testimony, or produce documentary or other evidence which the ombudsman deems relevant to a matter under inquiry, and may petition the appropriate state court to seek enforcement with the subpoena; provided, however, that any witness at a hearing or before an investigation as herein provided, shall possess the same privileges reserved to such a witness in the courts or under the laws of this state;
9. (i) bring an action in an appropriate state court to provide the operation of the powers provided in this subdivision. The ombudsman may use the services of legal assistance to Minnesota prisoners for legal counsel. The provisions of sections 241.41 to 241.45 are in addition to other provisions of law under which any remedy or right of appeal or objection is provided for any person, or any procedure provided for inquiry or investigation concerning any matter. Nothing in sections 241.41 to 241.45 shall be construed to limit or affect any other remedy or right of appeal or objection nor shall it be deemed part of an exclusionary process; and
10. (j) be present at commissioner of corrections parole and parole revocation hearings and deliberations.

Subd. 1a. Actions against ombudsman.

No proceeding or civil action except removal from office or a proceeding brought pursuant to chapter 13 shall be commenced against the ombudsman for actions taken pursuant to the provisions of sections 241.41 to 241.45, unless the act or omission is actuated by malice or is grossly negligent.

Subd. 2. Matters appropriate for investigation.

1. (a) In selecting matters for attention, the ombudsman should address particularly actions of an administrative agency which might be:

   1. (1) contrary to law or rule;
   2. (2) unreasonable, unfair, oppressive, or inconsistent with any policy or judgment of an administrative agency;
   3. (3) mistaken in law or arbitrary in the ascertainment of facts;
   4. (4) unclear or inadequately explained when reasons should have been revealed;
   5. (5) inefficiently performed.
2. (b) The ombudsman may also be concerned with strengthening procedures and practices which lessen the risk that objectionable actions of the administrative agency will occur.

Subd. 3. Complaints.

The ombudsman may receive a complaint from any source concerning an action of an administrative agency. The ombudsman may, on personal motion or at the request of another, investigate any action of an administrative agency.

The ombudsman may exercise powers without regard to the finality of any action of an administrative agency; however, the ombudsman may require a complainant to pursue other remedies or channels of complaint open to the complainant before accepting or investigating the complaint.

After completing investigation of a complaint, the ombudsman shall inform the complainant, the administrative agency, and the official or employee, of the action taken.

A letter to the ombudsman from a person in an institution under the control of an administrative agency shall be forwarded immediately and unopened to the ombudsman's office. A reply from the ombudsman to the person shall be delivered unopened to the person, promptly after its receipt by the institution.

No complainant shall be punished nor shall the general condition of the complainant's confinement or treatment be unfavorably altered as a result of the complainant having made a complaint to the ombudsman.

Subd. 3a. Investigation of adult local jails and detention facilities.

Either the ombudsman or the department of corrections' jail inspection unit may investigate complaints involving local adult jails and detention facilities. The ombudsman and department of corrections must enter into an arrangement with one another that ensures that they are not duplicating each other's services.

Subd. 4. Recommendations.

1. (a) If, after duly considering a complaint and whatever material the ombudsman deems pertinent, the ombudsman is of the opinion that the complaint is valid, the ombudsman may recommend that an administrative agency should:

   1. (1) consider the matter further;
   2. (2) modify or cancel its actions;
   3. (3) alter a ruling;
   4. (4) explain more fully the action in question; or

   5. (5) take any other step which the ombudsman recommends to the administrative agency involved.

      If the ombudsman so requests, the agency shall within the time the ombudsman specifies, inform the ombudsman about the action taken on the ombudsman's recommendation or the reasons for not complying with it.

2. (b) If the ombudsman has reason to believe that any public official or employee has acted in a manner warranting criminal or disciplinary proceedings, the ombudsman may refer the matter to the appropriate authorities.
3. (c) If the ombudsman believes that an action upon which a valid complaint is founded has been dictated by a statute, and that the statute produces results or effects which are unfair or otherwise objectionable, the ombudsman shall bring to the attention of the governor and the legislature the ombudsman's view concerning desirable statutory change.