§ 2-04 Referring Complaints.
RCNY § 2-04
a. Where the ombudsperson accepts a complaint that includes a matter within the sole jurisdiction of another agency, including but not limited to the Department of Buildings, the Department of Health and Mental Hygiene, the Fire Department, the Commission on Human Rights, or the state Office of the Medicaid Inspector General, the ombudsperson will refer the complaint to the other agency. b. Where the ombudsperson accepts a complaint that includes a matter partly within the jurisdiction of another agency, the ombudsperson may refer the entire complaint to the other agency where, in the determination of the ombudsperson, it is appropriate for the entire complaint to be investigated by a single agency, or may refer only those elements of the complaint that are within the jurisdiction of the other agency to that agency. c. If the ombudsperson refers any element of an accepted complaint to another agency pursuant to this section, the ombudsperson must (i) notify the Complaint Subject of its referral, (ii) notify the state Department of Health, the state Office for the Aging, and the state Office of the Medicaid Inspector General of the complaint and its referral, and (iii) notify the complainant of its referral. All such notices must be sent by email or first-class mail. If the ombudsperson referred the entire complaint to another agency, the ombudsperson will dismiss the complaint and notify the Complaint Subject and the complainant, by email or first-class mail, that the complaint has been referred to another agency and dismissed before the ombudsperson. (Added City Record 1/9/2020, eff. 2/8/2020)
