Section 62.01.01.103 - ASSISTANCE WITH AGENCY HEAD'S CONSIDERATION OF RECOMMENDED OR PRELIMINARY ORDER01.The Agency Head. In considering a presiding officer's recommended or preliminary order, the agency head issuing a final order may consult with an agency attorney assigned to advise or assist the agency head and with agency staff who did not participate in the investigation or prosecution of the petition. The agency head shall not discuss the substance of the petition ex parte with any representative of any party, agency attorneys or agency staff involved in the prosecution or investigation of the petition, or the presiding officer.02.The Agency Attorney.a. Prosecutorial/Investigative Attorneys. No agency attorney involved in the investigation or prosecution of a petition shall consult with the agency head issuing a final order considering a presiding officer's recommended or preliminary order. An agency attorney who was involved in the investigation or prosecution of the petition may attend public meetings of the agency head that consider petitions and may respond to questions from the agency head, so long as the meetings have been noticed to all parties and all parties have the same opportunity to respond to questions from the agency head as the agency's prosecutorial/investigative attorneys.b. Advisory Attorneys. An agency attorney assigned to advise or assist the agency head in consideration of the petition may consult with the agency head in preparation for or while the agency head is considering a presiding officer's recommended or preliminary order.03.The Agency Staff. a. Prosecutorial/Investigative Staff. No member of the agency staff involved in the investigation or prosecution of the petition shall consult with the agency head in their consideration of a presiding officer's recommended order or preliminary order.b. Advisory Staff. Any member of the agency staff assigned to advise or assist the agency head may consult with the agency head in its consideration of a presiding officer's recommended order or preliminary order at the agency head's direction.c. Presiding Officers. No presiding officer shall consult with any person regarding the agency head's consideration of the presiding officer's recommended or preliminary order.Idaho Admin. Code r. 62.01.01.103