10-144 C.M.R. ch. 220, § J-8 - Inspections Not Warranted; Informal Review

A. If the Department of Health and Human Services determines, with respect to a complaint under J.7, that an inspection is not warranted because there are not reasonable grounds to believe that a violation exists or has occurred, the Department of Health and Human Services 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 Radiation Control Program who 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 Department of Health and Human Services who will provide the complainant with a copy of such statement by certified mail.

B. Upon the request of the complainant, the Radiation Control Program 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. After considering all written and oral views presented, the Department of Health and Human Services shall affirm, modify, or reverse the earlier determination of the Department of Health and Human Services and furnish the complainant and the licensee or registrant a written notification of the decision and the reason therefor.

C. If the Department of Health and Human Services determines that an inspection is not warranted because the requirements of J.7.A 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 J.7.A.

Notes

10-144 C.M.R. ch. 220, § J-8