Section 04.12.01.420 - CONTRAST BETWEEN OFFICE OF ATTORNEY GENERAL'S INVESTIGATIVE/ PROSECUTORIAL AND ADJUDICATORY FUNCTIONSRules 420 through 429 set forth procedures to be followed by the Office of the Attorney General in processing applications for a certificate of public advantage and in conducting proceedings to revoke certificates of public advantage. (3-31-22)
01.Investigative/Prosecutorial Function. The investigative/prosecutorial function is performed by deputy attorneys general and other personnel or consultants assigned to review applications for a certificate of public advantage or to prosecute proposed revocations of certificates of public ad vantage. The investigative/prosecutorial function includes gathering of evidence concerning an application or potential revocation outside of formal contested case proceedings, presentation of allegations or evidence for determination whether a complaint to revoke a certificate will be issued, and presentation of evidence in a formal contested case proceeding. (3-31-22)02.Adjudicatory Function. The adjudicatory function is performed by a hearing officer appointed by the Attorney General or by the Attorney General upon review of the hearing officer's preliminary order. The adjudicatory function includes deciding whether to issue a complaint for revocation of a certificate upon the basis of allegations before the Office of the Attorney General, deciding whether to accept a consent order or other settlement of a complaint, and deciding the merits of an application or a complaint following presentation of evidence in formal contested case proceedings. A deputy attorney general may be assigned to be a hearing officer. (3-31-22)Idaho Admin. Code r. 04.12.01.420