R477-101-9. Investigation

  (1) Preliminary Investigation.

  (a) The Department shall review all timely filed Complaints and shall, regardless of whether the allegations contained therein would constitute misconduct if true, conduct a Preliminary Investigation.

  (b) If the Preliminary Investigation determines that the Complaint is untimely, frivolous, without merit, or if the Complaint merely indicates disagreement with the Respondent ALJ's decision, without further alleged Misconduct, the Complaint may be similarly dismissed without further action.

  (c) If, after a Preliminary Investigation is completed, there is a reasonable basis to find Misconduct occurred, the Investigator shall initiate a Full Investigation.

  (2) Full Investigation.

  Within ten days after a determination to conduct a Full Investigation is made, the Investigator shall notify the Respondent ALJ that a Full Investigation is being conducted. The notice shall:

  (a) inform the Respondent ALJ of the specific facts and allegations being investigated and the canons or statutory provisions allegedly violated;

  (b) inform the Respondent ALJ that the investigation may be expanded if appropriate;

  (c) invite the Respondent ALJ to respond to the Complaint in writing within 10 working days;

  (d) include a copy of the Complaint, the Preliminary Investigation report(s), and any other documentation reviewed in determining whether to authorize a Full Investigation; and

  (e) unless continued by the Chair, Full Investigations shall be completed within three months of the determination to conduct a Full Investigation.