Office of the Inspector General
Office of the Inspector General bill (Chapter 92)
Office of the inspector general bill language
The Office of the Inspector General was created in reaction to rising cases and concerns of fraud in state government. It will serve as an independent entity in the executive branch that will operate outside of other executive branch agencies and report directly to the Governor.
Key Takeaways
- The OIG will be an additional tool the state has to provide scrutiny to how state dollars are spent, including through county administered programs
- The OIG will exist in tandem with existing state internal control mechanisms, such as the Inspector General at DHS, BCA investigations, and the more retrospective work that the Office of the Legislative Auditor performs
Inspector General Appointment
The Inspector General will be required to have at
least ten years of experience in auditing, investigations, and law enforcement.
Elected officials and commissioners or deputy commissioners are not permitted
to serve within five years of having been in that position. The Legislative
Inspector General Advisory Commission (made up of eight legislators) will
recommend candidates to the Governor for selection and the Senate will require
a 3/5 majority vote to confirm any appointee. The Inspector General will serve
a five year term but does not have any term limits. The Inspector General may
only be removed by the governor before the expiration of the term for cause
after a public hearing conducted by the governor and with the approval of both
the Senate and the House of Representatives. The office is expected to be fully
operational by September 1, 2027.
Inspector General Powers
The Inspector General has a relatively wide array of
powers, including to:
- Establish standards and best practices concerning the operation, investigations, and fraud prevention processes of agency inspectors general, and periodically review agency compliance with these standards and best practices
- Conduct inspections, evaluations, and investigations of agencies and programs, with a focus on recipients of public funds and publicly funded services
- Refer matters for civil, criminal, or administrative action to the Office of the Inspector General Anti-Fraud and Waste Bureau
- Investigate any private entity or local unit of government administering a state program, or any private recipient of state funds or services, to ensure the proper use of state funds
- Beginning in 2028, the inspector general may appoint peace officers and establish a law enforcement agency known as the Office of the Inspector General Anti-Fraud and Waste Bureau, to conduct statewide investigations, and to make statewide arrests
- The inspector general has the powers possessed by courts of law to issue and have subpoenas served
Inspector General Reporting Requirements
The Office of the Inspector General is tasked with
many different responsibilities and reporting requirements to the Governor and
legislature, including:
- the number of allegations or reports of suspected
violations provided to the bureau;
- the number of investigations initiated by the bureau;
- the outcomes and current status of each investigation;
- the charging decisions made by the prosecuting authority of incidents investigated by the bureau;
- the amount of restitution ordered in cases investigated by the bureau; and
- the amount of money recovered by the bureau through restitution payments, asset forfeiture, or other means and the distribution of that money.
- The inspector general must submit a report regarding all investigations the inspector general did not open after receiving a tip or complaint or decided to no longer actively pursue for the preceding calendar year.
