|(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.