Maladministration in 14.9% of the investigative proceedings Advice and information 2009 72 ex-officio review proceedings 10 In 2009, 6,235 investigative proceedings were initiated and 551 proceedings that were still pending from previous years completed. Therefore a total of 6,761 investigated cases were resolved. In 641 investigative proceedings, maladministration on the part of the authorities was determined. In 3,664 investigative proceedings this was not the case and the AOB informed the parties involved regarding the legal situation and, if applicable, suggested approaches to potential solutions. Thus in 2009, the percentage of cases completed with a formal declaration of maladministration was at 14.9% and thus comparable with the results of the previous year (2008: 15.3%) despite the slight decline in the total number of investigative proceedings. On the average, the affected parties found out after 47 days, whether there was maladministration involved in their case or not. In 1,076 cases, while the complaints were within the purview of the AOB, there was no reason to initiate an investigative proceeding. In these cases, it was primarily a matter of providing additional data and legal information. 890 cases concerned questions that were outside of the scope of the AOB’s mandate. The AOB tried to be of assistance by providing information and advice in these cases as well. It established contact with the appropriate authorities and outlined possible approaches to potential solutions for the parties affected. In 490 cases, the complaint was retracted. The Austrian Federal Constitution provides the AOB with the possibility of ex-officio review proceedings if it has a concrete suspicion regarding possible maladministration within the administration. As was the case in the previous years, the members of the Board made use of this right, initiating 72 ex-officio review proceeding: (2008: 71).

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