(1) The department shall employ professional, technical, and clerical employees as necessary to carry out the duties of the department.
(2) An insurance fraud investigator employed in accordance with Subsection (1) may as the commissioner approves:
(a) be designated a law enforcement officer, as defined in Section 53-13-103;
(b) be eligible for retirement benefits under the Public Safety Employee's Retirement System; and
(c) investigate crimes a department licensee commits while performing an activity regulated under this title.