Inspection Not Warranted And Informal Review

(1) If the Commissioner determines that an inspection is not warranted because there are no reasonable grounds to believe that a violation or danger exists with respect to a complaint under Rule 0800-01-04-.12, he shall notify the complaining party in writing of such determination. The complaining party may obtain review of such determination by submitting a written statement of position with the Commissioner and, at the same time, provide the employer with a copy of such statement by certified mail. The employer may submit an opposing written statement of position with the Commissioner and, at the same time, provide the complaining party with a copy of such statement by certified mail. Upon the request of the complaining party or the employer, the Commissioner, at his discretion, may hold an informal conference in which the complaining party and the employer may orally present their views. After considering all written and oral views presented, the Commissioner shall affirm, modify or reverse the original determination and furnish the complaining party and the employer with written notification of his decision and the reasons therefore. The decision of the Commissioner shall be final and not subject to further review. (2) If the Commissioner determines that an inspection is not warranted because the requirements of Rule 0800-01-04-.12(1) have not been met, he shall notify the complaining party in writing of such determination. Such determination shall be without prejudice to the filing of a new complaint meeting the requirements of Rule 0800-01-04-.12 (1).