42-9.4-7. Conclusion of investigation -- Report -- Decision.

(a) At the conclusion of the investigation of each complaint:

(1) Report. Upon the conclusion of an investigation that results in a finding of fraud, waste,

abuse or mismanagement but prior to issuing a decision, the inspector general shall issue a report

or letter to the agency subject to the investigation, the office of the governor, the attorney general,

the speaker of the house of representatives, the president of the senate and shall release to the public

any such report unless the public release of such report would compromise a pending criminal

investigation noted in the report and known to the inspector general or otherwise be exempt from

disclosure pursuant to chapter 2 of title 38 ("access to public records");

(ii) If the complaint is about an employee of an agency or a contractor and the investigation

found no evidence of wrongdoing, the inspector general shall ensure that the public decision does

not contain the name of the individual investigated without the written permission of that

individual.

(b) Before announcing a decision, the inspector general shall do all of the following:

(1) Consult with the agency and as appropriate, the employee or contractor regarding the

decision;

(2) Provide an opportunity for each person who is the subject of the decision to respond in

writing to the decision within five (5) business days and any response shall be made available to

the public when the decision is released. Provided, however, this does not allow an individual

consulted by the inspector general before an announcement to hinder, prevent, or delay the

inspector general's announcement of a decision.

(c) In the decision, the inspector general may recommend that the agency:

(1) Consider the matter further;

(2) Modify or cancel an action or practice;

(3) Alter a rule, practice, or decision;

(4) Explain in detail the administrative action in question; or

(5) Rectify an omission.

(6) The inspector general shall communicate his or her decision to the complainant, the

agency investigated, and as appropriate, the employee investigated, and the decision shall be posted

on the inspector general's website.

(d) Where the inspector general has discovered fraudulent acts and believes that civil

recovery proceedings may be appropriate, the matter shall be referred to the attorney general.

(1) The attorney general may, upon such referral, institute whatever proceedings it deems

appropriate, including referring the matter to another state or local agency, authorizing the initiation

of appropriate civil proceedings by the inspector general, retaining the matter for further

investigation, or remanding the matter back to the inspector general for further investigation.

(2) If the attorney general declines to take action pursuant to this section, the inspector

general shall have the authority to institute a civil recovery action upon the authorization of the

attorney general.

(e) The public release of the inspector general's decision shall not contain information that

is found to be confidential and/or exempt from disclosure pursuant to this chapter or other

applicable laws, including chapter 2 of title 38 ("access to public records").

(f) Investigator records, including, but not limited to, communications that include the

investigative record may be deemed confidential and exempt from disclosure pursuant to chapter 2

of title 38 ("access to public records") or other applicable laws.