Section 62.01.01.101 - PUBLIC INQUIRIES ABOUT OR RECOMMENDATIONS FOR AGENCY ISSUANCE OF A PETITION01.Response to Public Inquiry. When the public contacts an agency head, an agency attorney, or agency staff to inquire whether a petition should be issued by an agency or to recommend that a petition be issued, the agency head may: explain the agency's procedures; explain the agency's jurisdiction or authority (including the statutes or rules administered by the agency); and direct the public to appropriate staff personnel who can provide investigatory assistance or who can advise them how to pursue a petition before the agency. Additionally, response can be provided by specific agency roles as follows: a. The Agency Head. When the agency head issues petitions, the agency head may also discuss whether given allegations would, in the agency head's opinion, warrant the issuance of a petition or warrant direction to staff to pursue further investigation. No statement of the agency head in response to a public inquiry constitutes a finding of fact or other decision on the underlying matter.b. The Agency Attorney. An agency attorney assigned to a prosecutorial/investigative role may also discuss whether given allegations would, in the attorney's opinion, warrant the issuance of a petition or warrant direction to staff to pursue further investigation. The agency is not bound by the attorney's advice or recommendations, and the attorney should notify the public that the agency is not obligated to follow the attorney's advice or recommendations.02.The Agency Staff. Agency staff may also express an opinion whether given allegations would, in the agency staff's opinion, warrant the issuance of a petition or warrant agency staff's further investigation. The agency is not bound by the agency staff's advice or recommendations, and the agency staff should notify the public that the agency is not obligated to follow the agency staff's advice or recommendations.03.Presiding Officers. When the public contacts a presiding officer to inquire whether a petition should be issued by an agency or to recommend that a petition be issued, the presiding officer should not discuss the matter, but should refer the member of the public to other agency personnel.04.Office of Administrative Hearings. When the public contacts the Office of Administrative Hearings to inquire whether a petition should be issued by an agency or to recommend that a petition be issued, Office of Administrative Hearings staff should not discuss the matter, but should refer the member of the public to other agency personnel.Idaho Admin. Code r. 62.01.01.101