410 IAC 5-10-8 Inspection not warranted; informal review; notice

Sec. 8. (a) If the division of industrial hygiene and radiological health determines, with respect to a complaint under 410 IAC 5-10-7, that an inspection is not warranted because there are no reasonable grounds to believe that a violation exists or has occurred, the division of industrial hygiene and radiological health 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 board who will provide the licensee or registrant with a copy of such statement by certified mail, excluding, at the request of the complainant, the name of the complainant. The licensee or registrant may submit an opposing written statement of position with the board who will provide the complainant with a copy of such statement by certified mail. Upon the request of the complainant, the board may hold an informal conference in which the complainant and the licensee or registrant may orally present their views. An informal conference may also be held at the request of the licensee or registrant, but disclosure of the identity of the complainant will be made only following receipt of written authorization from the complainant. After considering all written or oral views presented, the board shall affirm, modify or reverse the determination of the division of industrial hygiene and radiological health and furnish the complainant and the licensee or registrant a written notification of his decision and the reason therefore. (b) If the division of industrial hygiene and radiological health determines that an inspection is not warranted because the requirements of 410 IAC 5-10-7(a) have not been met, he shall notify the complainant in writing of such determination. Such determination shall be without prejudice to the filing of a new complaint meeting the requirements of 410 IAC 5-10-7(a).