Section 641.40.116. Inspections not warranted—informal review.

       40.116(1)  a.     If the Bureau of Radiological Health determines, with respect to a complaint under this rule, that an inspection is not warranted because there are no reasonable grounds to believe that a violation exists or has occurred, the Bureau of 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 Attorney General’s Office. Such agency 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 Attorney General’s Office. Such agency will provide the complainant with a copy of such statement by certified mail.

            b.               Upon the request of the complainant, the Attorney General’s Office 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 and oral views presented, the Attorney General’s Office shall affirm, modify, or reverse the determination of the Radiation Control Program and furnish the complainant and the licensee or registrant a written notification of the decision and the reason therefor.

         40.116(2) If the Bureau of Radiological Health determines that an inspection is not warranted because the requirements of 40.116(1) have not been met, the complainant shall be notified in writing of such determination. Such determination shall be without prejudice to the filing of a new complaint meeting the requirements of 40.116(1).