R 325.5220 Investigation not warranted; informal review.

Rule 220. (1) If the department determines, with respect to a complaint under Rule 219, that an investigation is not warranted because there are no reasonable grounds to believe that a violation exists or has occurred, the complainant shall be notified in writing of such determination. The complainant may obtain review of such determination by submitting a written statement of position with the director of the department who shall provide the licensee or registrant with a copy of the statement by registered 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 director of the department who will provide the complainant with a copy of the statement by registered mail. Upon the request of the complainant, the department may hold an informal conference in which the complainant and the licensee or registrant may orally present his or her views. An informal conference may also be held at the request of the licensee or registrant, but disclosure of the identity of the complainant shall be made only following receipt of written authorization from the complainant. After considering all written or oral views presented, the director of the department, or his or her designated representative, shall affirm, modify, or reverse the determination of the department and furnish the complainant and the licensee or registrant a written notification of his or her decision and the reason. (2) If the department determines that an investigation is not warranted because the requirements of Rule 219 (1) have not been met, the department shall notify the complainant in writing of the determination. The determination shall be without prejudice to the filing of a new complaint meeting the requirements of Rule 219 (1). (3) If the decision resulting from informal review is contested, the department shall proceed pursuant to Rule 2 (2). PRECAUTIONARY PROCEDURES