Minn. R. agency 144, ch. 4731, STANDARDS FOR PROTECTION AGAINST RADIATION, pt. 4731.1070 - INSPECTION NOT WARRANTED; INFORMAL REVIEW
Subpart
1.
Review of inspection denial.
A. If the Radioactive Materials Unit
supervisor determines, with respect to a complaint under part 4731.1060, that
an inspection is not warranted because there are no reasonable grounds to
believe that a violation exists or has occurred, the supervisor must notify the
complainant in writing of the determination.
B. The complainant may obtain review of the
determination under item A by submitting a written statement of position to the
commissioner, who shall provide the licensee with a copy of the statement by
certified mail, excluding at the request of the complainant the name of the
complainant. The licensee may submit an opposing written statement of position
to the commissioner, who shall provide the complainant with a copy of the
statement by certified mail.
C.
Upon the request of the complainant, the commissioner may hold an informal
conference in which the complainant and the licensee may orally present their
views.
D. An informal conference
may also be held at the request of the licensee, but disclosure of the identity
of the complainant shall be made only following receipt of written
authorization from the complainant.
E. After considering all written and oral
views presented, the commissioner must affirm, modify, or reverse the
determination of the supervisor of the Radioactive Materials Unit and furnish
the complainant and the licensee a written notification of the commissioner's
decision and the reason therefore.
Subp. 2.
Procedural defects.
If the commissioner determines that an inspection is not warranted because the requirements of part 4731.1060, subparts 1 and 2, have not been met, the commissioner must notify the complainant in writing of the determination. The determination must be without prejudice to the filing of a new complaint meeting the requirements of part 4731.1060, subparts 1 and 2.
Notes
Statutory Authority: MS s 144.1202; 144.1203
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