HAR §11-45-195. Inspections not warranted; informal review

(a) If the department determines, with respect to a complaint under section 11-45-194, that an inspection is not warranted because there are no reasonable grounds to believe that a violation exists or has occurred, the department shall notify the complainant in writing of such determination. The complainant may obtain review of such determination by submitting a written statement of position with the department. The department shall provide the licensee with a copy of such statement by certified mail, excluding, at the request of the complainant, the name of the complainant. The licensee may submit an opposing written statement of position with the department. The department shall provide the complainant with a copy of such statement by certified mail. (b) Upon the request of the complainant, the department may hold an informal conference in which the complainant and the licensee may orally present their views. An informal conference may also be held at the request of the licensee, but disclosure of the identity of the complainant shall be made only following receipt of written authorization from the complainant. After considering all written and oral views presented, the department shall affirm, modify, or reverse the determination and furnish the complainant and the licensee a written notification of the decision and the reason thereof. (c) If the department determines that an inspection is not warranted because the requirements of section 11-45-194(a) have not been met, the complainant shall be notified in writing of such determination. Such determination shall be without prejudice to the filing of a new complaint meeting the requirements of section 11-45-194(a). [Eff 11/12/99] (Auth: HRS §§321-10, 321-11, 321- 71) (Imp: HRS §§321-1, 321-11(21), 321-71)