While
investigation may occur at many different points in the administrative process, a common
scenario is for investigation to precede the rule making hearing. Investigation will also follow
the promulgation of legislative rules. The investigation will determine whether are any apparent
rule violations that should lead to the next step of issuing notice of formal adjudication. The
decision to investigate and the decision of what steps to take as the result of an investigation are
critical decisions so far as the client is concerned. Judicial review of these decisions is either
minimal or unavailable. The agency is given broad prosecutorial discretion to make the
decisions.