351—9.2(68B) Investigations—board action.

1. 9.2(1)  Board-initiated investigation. In addition to investigations of legally sufficient complaints, the board may, on its own motion, refer to staff for investigation matters that the board believes may be subject to the board’s jurisdiction.
2. 9.2(2)  Subpoenas. Investigations may include the issuance and enforcement of investigative subpoenas requiring the production of real evidence as well as requiring the attendance and testimony of witnesses.
3. 9.2(3)  Completion. Upon completion of an investigation, staff will make a report to the board, and the board’s legal counsel may provide a recommendation for board action.

4. 9.2(4)  Board action. Upon receipt and review of the investigative findings and any recommendations, the board may:

   1. a. Redirect the matter for further investigation;
   2. b. Dismiss the matter for lack of probable cause to believe a violation has occurred;
   3. c. Dismiss the matter without a determination regarding probable cause as an exercise of administrative discretion;
   4. d. Make a determination that probable cause exists to believe a violation has occurred and direct administrative resolution of the matter as provided in subrule 9.3(2); or
   5. e. Make a determination that probable cause exists to believe a violation has occurred and direct the issuance of a statement of charges to initiate a contested case proceeding.

[ARC 0240D, IAB 4/29/26, effective 6/3/26]