Alaska § 47.32.090 - Complaints; investigation; retaliation.

§ 47.32.090. Complaints; investigation; retaliation.

 (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 that has licensing authority for that type of entity under AS 47.32.010 .

 (b) The department with licensing authority under (a) of this section may investigate a complaint filed under this section. The department with licensing authority under (a) of this section may decline to investigate a complaint if that department reasonably concludes and documents that the complaint is without merit based on information available to that department at the time of the complaint. The department with licensing authority under (a) of this section may consolidate complaints if that 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 with licensing authority under (a) of this section 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 investigating 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 that made the finding shall provide the applicant notice of the finding and an opportunity to appeal the finding. The Department of Health and the Department of Family and Community Services shall adopt regulations to implement this subsection for the entities licensed by that department. In this subsection, “volunteer” includes an individual placed in a facility for training, educational, or internship purposes.