Complaint investigation manuals

Evan Anderson filed this request with the Department of Commerce, Community and Economic Development - Corporations, Business & Professional Licensing - Professional Licensing of Alaska.
Status
Completed

Communications

From: Evan Anderson

To Whom It May Concern:

Pursuant to the Alaska Public Records Act, I hereby request the following records:

Any manual or other guidance document used in the course of investigating a complaint and/or determining whether a licensee's conduct warrants censure. I am specifically seeking any such documentation that applies to psychiatrists, psychopharmacologists, mental health counselors, and social workers.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Evan Anderson

From: Zimmerman, Marilyn A (CED)

Dear Mr. Anderson:

The Division is in receipt of your email dated June 20, 2017, requesting "[a]ny manual or other guidance document used in the course of investigating a complaint and/or determining whether a licensee's conduct warrants censure ... specifically ... that applies to psychiatrists, psychopharmacologists, mental health counselors, and social workers."
I will be your point of contact on this request from this point forward.

Such requests are handled in accordance with the Alaska Public Records Act [AS 40.25.100 et seq.] and the regulations promulgated under the Act [2 AAC 96.100 et seq.].

In accordance with 2 AAC 96.325(a), the Division will respond to your request within 10 business days, or by Wednesday, July 5, 2017.

Please note that in certain circumstances the Division may extend the amount of time it takes to respond to your request in accordance with 2 AAC 96.325(d). If this request requires more than five person-hours to produce, the personnel costs associated with that production would be charged to you in accordance with AS 40.25.110(c). Further, any copying costs associated with producing this request will be charged to you, in accordance with 2 AAC 96.240. Also, if responses to your request involve the production of electronic services and products, fees associated with providing those services will be chargeable to you in accordance with AS 40.25.115. I will advise you if any of these circumstances arise.

Please let me know if you have any questions or need any additional information. My telephone number is (907) 465-1673 and my email address is marilyn.zimmerman@alaska.gov<mailto:marilyn.zimmerman@alaska.gov>.

Best regards,

Marilyn Zimmerman
Paralegal II
Division of Corporations, Business and Professional Licensing
Alaska Department of Commerce, Community, and Economic Development
PO Box 110806
Juneau, AK 99811-0806
Phone: (907) 465-1673
Fax: (907) 465-2974
marilyn.zimmerman@alaska.gov<mailto:marilyn.zimmerman@alaska.gov>

Disclaimer: This message may contain confidential or privileged information and is intended only for the use of the addressee named herein. The documents attached to this email are considered legal documents. If you are not the intended recipient of this message, you are hereby notified that you must not use, copy, disclose, or take any action based on this message or information herein. If you have received this message in error, please advise the sender immediately and delete this message. Thank you for your cooperation.

From: Zimmerman, Marilyn A (CED)

Dear Mr. Anderson:

In response to your email received by the Division on June 19, 2017, requesting "[a]ny manual or other guidance document used in the course of investigating a complaint and/or determining whether a licensee's conduct warrants censure ... specifically ... any such documentation that applies to psychiatrists, psychopharmacologists, mental health counselors, and social workers."

Requests of this nature are responded to in accordance with the Alaska Public Records Act (AS 40.25.100 et seq.) and the regulations promulgated to enforce the Act (2 AAC 96.100 et seq.).

The Division does not maintain "manuals" for investigating. However, I am providing the documents available from the Division's website that detail the investigative process (generally) for all professions. As these records are readily available as defined by 2 AAC 96.100, they are not subject to the normal disclosure procedures of APRA.

In accordance with 2 AAC 96.335(a)(1) and AS 40.25.120(a)(4), your request as outlined in your email dated June 19, 2017, is denied to the extent your request asks for "any manual ... used in the course of investigating a complaint and/or determining whether a licensee's conduct warrants censure. All other information you have requested has been provided.

Division Director Janey Hovenden has delegated to me her authority to deny the parts of this request that have been denied. You may immediately appeal this decision by seeking injunctive relief from the Alaska Superior Court. Additionally, you may ask Ms. Hovenden for reconsideration. Such a request does not require the posting of an appeal bond. For more on this process, please review the attached regulations, particularly 2 AAC 96.340. If you choose not to pursue injunctive relief in the Alaska Superior Court, your rights before the Division, including requesting reconsideration, will not be adversely affected.

Please let me know if you have any questions or need any additional information. My email address is marilyn.zimmerman@alaska.gov<mailto:marilyn.zimmerman@alaska.gov>, and my phone number is (907) 465-1673, or you can reach me by mail at the address below.

Best regards,

CHRIS HLADICK, COMMISSIONER
[cid:image001.png@01D2EE5D.FCA00380]
By:
Marilyn Zimmerman, Paralegal for
Janey Hovenden, Director
Division of Corporations, Business and Professional Licensing

Best regards,

Marilyn Zimmerman
Paralegal II
Division of Corporations, Business and Professional Licensing
Alaska Department of Commerce, Community, and Economic Development
PO Box 110806
Juneau, AK 99811-0806
Phone: (907) 465-1673
Fax: (907) 465-2974
marilyn.zimmerman@alaska.gov<mailto:marilyn.zimmerman@alaska.gov>

Disclaimer: This message may contain confidential or privileged information and is intended only for the use of the addressee named herein. The documents attached to this email are considered legal documents. If you are not the intended recipient of this message, you are hereby notified that you must not use, copy, disclose, or take any action based on this message or information herein. If you have received this message in error, please advise the sender immediately and delete this message. Thank you for your cooperation.

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