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Delaware Code Title 29. State Government § 9006E. Investigative procedures

Current as of January 01, 2026 | Updated by Findlaw Staff

(a)(1) The Inspector General may initiate an investigation or may act on receipt of a complaint.  Complaints may be made by any individual or entity.

(2) The Inspector General may not investigate complaints from employees that relate to their employment relationship with the state agency, unless the complaint is directly related to fraud, waste, mismanagement, corruption, or any other abuse of governmental resources that harms the public interest under § 9005E(a)(1) of this title.

(b)(1) The Inspector General may decline to investigate a complaint as provided by the rules adopted under this chapter.

(2) If the Inspector General does not investigate a complaint, the Inspector General shall notify the complainant of the decision not to investigate the complaint and the reason for that decision.

(c) The Inspector General may refer a complainant, and others, to appropriate resources, agencies, or departments.

(d) The Inspector General may not levy a fee for the submission or investigation of a complaint.

(e) The Inspector General must remain neutral and impartial and may not act as an advocate for the complainant or for the state agency.

(f) The Inspector General shall adhere to professional standards for initiating and conducting investigations, such as the Principles and Standards for Offices of Inspectors General promulgated by the Association of Inspectors General.

(g)(1) At the conclusion of the investigation of each complaint, the Inspector General shall issue a public decision, including recommendations, on the merits of the complaint.

(2) If the complaint is about an employee of an agency or contractor and the investigation found no evidence of wrongdoing, the public decision may not contain the name of the individual investigated without the written permission of that individual.

(3) a. Before announcing a decision, the Inspector General shall do all of the following:

1. Consult with the state agency, and, as appropriate, the state employee or contractor thereof, regarding the decision.

2. Provide an opportunity for each person contacted under this paragraph (g)(3)a. to respond to the decision.

b. Paragraph (g)(3)a. of this section does not allow a person consulted by the Inspector General before an announcement to hinder, prevent, or delay the Inspector General's announcement of a decision.

(4) The public decision must not contain information that is confidential under § 9008E of this title, unless any of the following apply:

a. The information is necessary to support the decision and any recommendations resulting from an investigation.

b. If wrongful acts or omissions are found, the Inspector General shall describe the acts or omissions and identify in the decision the individuals who committed those acts or omissions.

(5) The Inspector General must provide the basis for a recommendation that a state agency do any of the following:

a. Consider the matter further.

b. Modify or cancel an action.

c. Alter a rule, practice, or decision.

d. Explain in detail the administrative action in question.

e. Rectify an omission.

(6) The Inspector General must communicate the decision as follows:

a. To the complainant.

b. To the state agency investigated, and as appropriate, the employee or contractor investigated.

c. On the Inspector General's website.

(7) If the investigation finds that there has been or continues to be a significant problem regarding fraud, waste, mismanagement, corruption, or any other abuse of governmental resources that harms the public interest, the Inspector General must communicate the decision to the Department of Justice and the other recipients of the annual report under § 9009E(a) of this title.

(h) If requested by the Inspector General, the state agency must, within the time specified, inform the Inspector General about any action taken on a recommendation or the reasons for not following a recommendation.

(i) If the Inspector General believes, based on the investigation, that there has been or continues to be evidence of a crime, the Inspector General must report the finding to the Department of Justice and any other appropriate law-enforcement agency.

(j) If the Department of Justice does not file a civil action to address the problem reported under paragraph (g)(7) of this section, the Inspector General may pursue a civil action for a violation of law or policy.

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Cite this article: FindLaw.com - Delaware Code Title 29. State Government § 9006E. Investigative procedures - last updated January 01, 2026 | https://codes.findlaw.com/de/title-29-state-government/de-code-sect-29-9006e/

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