|(a) A private individual with information demonstrating possible
violations of law within the commission's jurisdiction should notify the executive
director (ED). The ED may initiate an administrative enforcement action, or
he/she may refer to the appropriate prosecuting authority a civil or criminal
(b) The ED may initiate an enforcement action based on information
received from a private individual if that information, in the ED's judgment,
is of sufficient value and credibility to warrant the initiation of an enforcement
action. The ED may initiate an enforcement action based on any combination
of information provided by private individuals or by the ED's own investigations.
(c) In evaluating the value and credibility of information
provided by a private individual and determining the use of such information
as evidence in an enforcement action, the ED shall consider the following
(1) the individual providing the information must be willing
to submit a sworn affidavit attesting to the facts that constitute the alleged
violation and authenticating any writings, recordings, or photographs provided
by the individual;
(2) the individual providing the information must be willing
to testify in any enforcement proceedings regarding the alleged violations;
(3) if the ED relies on any physical or sampling data submitted
by an individual to prove one or more elements of an enforcement case, such
data must have been collected or gathered in accordance with relevant agency
protocols. The individual submitting the physical or sampling data must be
willing to submit a sworn affidavit demonstrating that the individual followed
relevant agency protocols when collecting the data. The relevant agency protocols
are those used or determined acceptable by the ED; and
(4) the commission will not use in an enforcement case information
gathered by an individual illegally.
(d) A private individual who submits information on which the
ED relies for all or part of an enforcement case may be called to testify
in the enforcement proceedings and is subject to all sanctions under law for
knowingly falsifying evidence.
(e) If the ED determines not to initiate an enforcement action
based on information received from a private individual in accordance with
this section, the ED will process the information received from the individual
as a complaint, subject to applicable complaint investigation procedures.
The ED may ultimately initiate an enforcement action that is based on information
the ED develops during the complaint investigation.