R313-18-17. Inspections Not Warranted -- Informal Review

(1)(a) If the Director determines, with respect to a complaint under Section R313-18-16, that an inspection is not warranted because there are no reasonable grounds to believe that a violation exists or has occurred, the Director shall notify the complainant in writing of that determination. The complainant may obtain review of the determination by submitting a written statement of position with the Director. The Director will provide the licensee or registrant with a copy of the 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 Director. The Director will provide the complainant with a copy of the statement by certified mail.

(b) Upon the request of the complainant, the Director 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 written and oral views presented, the Director shall affirm, modify, or reverse the determination of the representatives of the Director and furnish the complainant and the licensee or registrant a written notification of the decision and the reason therefor.

(2) If the Director determines that an inspection is not warranted because the requirements of R313-18-16(1) have not been met, the complainant shall be notified in writing of the determination. The determination shall be without prejudice to the filing of a new complaint meeting the requirements of R313-18-16(1).