Section 400.170  Inspections Not Warranted; Informal Review

a)         Review of Determination That No Inspection is Warranted

1)         If the Office of Radiation Safety determines, pursuant to Section 400.160 of this Part, that an inspection is not warranted, the Office of Radiation Safety shall notify the complainant in writing within 60 days of receipt of the complaint. The complainant may obtain review of such determination by submitting a written statement of position with the Department. The Department shall 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. The Department shall provide the complainant with a copy of such statement by certified mail.

2)         Upon the request of the complainant or the licensee or registrant, the Department shall hold an informal conference in which the complainant and the licensee or registrant may orally present their views. If such 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 Department 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 therefor.

b)         If the Department determines that an inspection is not warranted because the requirements of Section 400.160(a) of this Part have not been met, the complainant shall be notified in writing, within 30 days of receipt of the complaint, of such determination. Such determination shall be without prejudice to the filing of a new complaint meeting the requirements of Section 400.160(a) of this Part.

(Source:  Amended at 23 Ill. Reg. 14479, effective January 1, 2000)