R 333.5100 Inspections not warranted; informal review.

Rule 100. (1) If the department determines, with respect to a complaint filed pursuant to R 333.5098, 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 the determination. To request a review of the determination the claimant shall submit a written statement of position to the department director. The department director, or his or her designated representative, shall send the registrant a copy of the statement by certified mail, excluding, at the request of the complainant, the name of the complainant. The registrant may submit an opposing written statement of position to the department director. The department director, or his or her designated representative, shall send the complainant a copy of the statement by certified mail. (2) At the request of the complainant, the department may hold an informal conference in which the complainant and the registrant may orally present their views. An informal conference may also be held at the request of the 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 and oral views presented, the department director, or designated representative shall affirm, modify, or reverse the determination of the department and provide the complainant and the registrant a written notification of the decision. The notification shall include a discussion of the basis for the decision. (3) If, upon receipt of a request for an inspection, the department determines that an inspection is not warranted because the complaint does not meet the requirements of R 333.5098(1), 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 R 333.5098(1).