Montana § 41-3-1212 - Investigations -- Discretion -- Procedure

§ 41-3-1212. Investigations -- Discretion -- Procedure

Investigations -- discretion -- procedure. (1) The ombudsman shall investigate a request for assistance unless: (a) the request for assistance is trivial, frivolous, vexatious, or not made in good faith; (b) the request for assistance is too delayed to justify an investigation; (c) the person requesting assistance is not personally aggrieved by the subject matter of the request; or (d) the request for assistance has been previously investigated by the ombudsman. (2) The ombudsman may investigate a request for assistance in a matter that is being or may reasonably be addressed by another remedy or channel, including a matter that is before a court. (3) (a) After an investigation is completed, the ombudsman shall provide to the department any findings, conclusions, and recommendations. (b) The department shall inform the ombudsman no later than 60 days after receipt of the report on the actions the department is taking to resolve or correct any problems identified by the ombudsman. If the department has not resolved or corrected a problem, the department shall inform the ombudsman of any reasons for not addressing the ombudsman's findings, conclusions, and recommendations. (c) The ombudsman shall include the following information in the report required under 41-3-1211 : (i) the number of findings reports made to the department; (ii) the nature of the problems identified by the ombudsman; (iii) the actions taken by the department to resolve or correct the problems; and (iv) the problems that have not been resolved or corrected by the department, as well as the department's reasons for not addressing the ombudsman's findings, conclusions, and recommendations.