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2018 Alaska Statutes
Title 47. Welfare, Social Services, and Institutions
Chapter 32. Centralized Licensing and Related Administrative Procedures
Sec. 47.32.090. Complaints; investigation; retaliation.

Universal Citation: AK Stat § 47.32.090 (2018)
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(a) A person who believes that an entity has violated an applicable statute or regulation or a condition of a license issued under this chapter may file a verbal or written complaint with the department.

(b) The department may investigate a complaint filed under this section. The department may decline to investigate a complaint if the department reasonably concludes and documents that the complaint is without merit based on information available to the department at the time of the complaint. The department may consolidate complaints if the department concludes that a single investigation would further the efficient administration of this chapter.

(c) A licensed entity may not take retaliatory action against a person who files a complaint. Except as provided in AS 47.05.350 and AS 47.32.160, a complainant against whom a retaliatory action has been taken may recover treble damages in a civil action upon a showing that the action was taken in retaliation for the filing of a complaint.

(d) The department may investigate an employee, contractor, or volunteer of a licensed entity and may substantiate that the individual engaged in conduct that would significantly affect the health, safety, or welfare of an individual who is receiving a service from the entity. If the conduct is substantiated against an employee, contractor, or volunteer, the department shall issue a notice of the finding to the person and include the person in the appropriate civil history database identified under AS 47.05.330. Before a substantiated finding against an employee, contractor, or volunteer may be included in a civil history database and provided as part of a check under AS 47.05.325, the department shall provide the applicant notice of the finding and an opportunity to appeal the finding. The department shall adopt regulations to implement this subsection. In this subsection, “volunteer” includes an individual placed in a facility for training, educational, or internship purposes.

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