Ill. Admin. Code tit. 32, § 400.170 - Inspections Not Warranted; Informal Review
Current through Register Vol. 46, No. 15, April 8, 2022
a) Review of Determination that No Inspection
Is Warranted
1) If the Bureau of Radiation
Safety determines, pursuant to Section
400.160,
that an inspection is not warranted, the Bureau of Radiation Safety shall
notify the complainant in writing within 60 days after receipt of the
complaint. The complainant may obtain review of the determination by submitting
a written statement of position with the Agency. The Agency shall 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 Agency. The Agency shall provide the complainant with a copy of the
statement by certified mail.
2)
Upon the request of the complainant or the licensee or registrant, the Agency
shall hold an informal conference in which the complainant and the licensee or
registrant may orally present their views. If a conference is requested by the
complainant, the presence of the licensee or registrant at the conference shall
be subject to the concurrence of the complainant. If the conference is
requested by the licensee or registrant, the presence or disclosure of the
identity of the complainant shall be made only pursuant to written
authorization from the complainant. After considering all written and oral
views presented, the Agency shall affirm, modify or reverse the determination
of the Office of Radiation Safety and furnish the complainant and the licensee
or registrant a written notification of the decision and the reason for that
decision.
b) If the
Agency determines that an inspection is not warranted because the requirements
of Section
400.160(a)
have not been met, the complainant shall be notified in writing, within 30 days
after receipt of the complaint, of the determination. The determination shall
be without prejudice to the filing of a new complaint meeting the requirements
of Section
400.160(a).
Notes
Amended at 33 Ill. Reg. 4333, effective March 9, 2009
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