1. (a) The Board shall permit undercover investigations only when other investigative techniques have failed or are not appropriate.

2. (b) If an undercover investigation is needed, a Board investigator shall submit to the Enforcement Committee a written request containing:

   1. (1) the specific complaint;
   2. (2) the information which the investigator believes an undercover investigation may reveal;
   3. (3) the relevance of the information;
   4. (4) why other techniques have not been successful or are not appropriate;
   5. (5) the investigative acts to be performed.
3. (c) The Enforcement Committee shall evaluate the request and make its decision in writing.
4. (d) If the request is approved, the executive director shall be responsible for the investigation until undercover activities are completed.

Source Note:The provisions of this §80.6 adopted to be effective December 9, 2019, 44 TexReg 7534.