Rule 75.4 – Repeal – Undercover Investigations
Wednesday, September 17, 2014 10:04 AM

The following section would be repealed.  Different language to "replace it" has been proposed elsewhere.

(a) Undercover investigations will be conducted only when other investigative techniques have failed or are not efficient or appropriate. Undercover investigations shall NOT be used indiscriminately. 

(b) If the board investigator determines an undercover investigation is needed on a specific complaint, the investigator shall submit, to the Enforcement Committee chair and the executive director of the board, a written recommendation for an undercover investigation that will contain:

  (1) the specific complaint addressed; 

  (2) the information which the investigator has determined that an undercover investigation may reveal;

  (3) the investigator's opinion regarding the relevance of the information listed in paragraphs (1) and (2) of this subsection;

  (4) the investigator's opinion regarding the reasons all previous attempts to gather the information in paragraphs (1)-(3) of this subsection by alternate techniques have not been successful or alternative techniques are not appropriate or efficient;

  (5) the undercover investigative acts that will be performed and by whom.

(c) The Enforcement Committee chair and executive director will evaluate the need and appropriateness of the recommendation and, if possible, will consult with the Enforcement Committee prior to a decision to authorize an undercover investigation. 

(d) The Enforcement Committee chair and executive director will assume direct responsibility for an investigation while undercover activities are being conducted.