Section 62.01.01.100 - CONTRAST BETWEEN AGENCY'S PROSECUTORIAL / INVESTIGATIVE AND ADJUDICATORY FUNCTIONSWhen statute assigns to an agency both (1) the authority to initiate petitions or to investigate petitions made by the public, and (2) the authority to decide the merits of petitions, the agency is required to perform both of those functions and shall follow the following procedures within Rules 100 through 103 applicable to the agency head, agency attorneys, agency staff, and hearing officers in processing these petitions or responding to citizen inquiries. As used within Rules 100 through 103, the term "agency head" shall include any person designated by the agency head to exercise, in whole or in part, the ultimate legal authority vested in the agency.
01.Prosecutorial/Investigative Function. The prosecutorial/investigative function can be performed exclusively by agency attorneys and agency staff. When required or allowed by statute, the agency head may participate in or supervise investigations preceding the issuance of a petition and may supervise the agency attorneys and agency staff conducting the prosecution of the petition issued by the agency head, but the agency head shall not participate in the prosecution of a formal contested case hearing for a petition issued by the agency unless the agency head does not participate in the adjudicatory function.02.Adjudicatory Function. The adjudicatory function is performed by the agency head and/or a hearing officer. The adjudicatory function includes: deciding whether to issue a petition upon the basis of allegations before the agency when the decision to issue the petition is made by an agency head acting in an adjudicatory capacity, i.e., when presented by agency staff in a formal setting with the question whether a petition shall be issued; deciding whether to accept a consent order or other settlement after a petition is issued when the decision to accept a consent order or other settlement is made by an agency head acting in an adjudicatory capacity; and deciding the merits of a petition following presentation of evidence in formal contested case proceedings.Idaho Admin. Code r. 62.01.01.100