Mich. Admin. Code R. 333.5100 - Inspections not warranted; informal review
Rule 100.
(1) If
the department determines, with respect to a complaint filed pursuant to R
333.5098, that an inspection is not warranted because there are no reasonable
grounds to believe that a violation exists or has occurred, the department
shall notify the complainant in writing of the determination. To request a
review of the determination the claimant shall submit a written statement of
position to the department director. The department director, or his or her
designated representative, shall send the registrant a copy of the statement by
certified mail, excluding, at the request of the complainant, the name of the
complainant. The registrant may submit an opposing written statement of
position to the department director. The department director, or his or her
designated representative, shall send the complainant a copy of the statement
by certified mail.
(2) At the
request of the complainant, the department may hold an informal conference in
which the complainant and the registrant may orally present their views. An
informal conference may also be held at the request of the registrant, but
disclosure of the identity of the complainant shall be made only following
receipt of written authorization from the complainant. After considering all
written and oral views presented, the department director, or designated
representative shall affirm, modify, or reverse the determination of the
department and provide the complainant and the registrant a written
notification of the decision. The notification shall include a discussion of
the basis for the decision.
(3) If,
upon receipt of a request for an inspection, the department determines that an
inspection is not warranted because the complaint does not meet the
requirements of R 333.5098(1), the department shall notify the complainant in
writing of the determination. The determination shall be without prejudice to
the filing of a new complaint meeting the requirements of R
333.5098(1).
Notes
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