Iowa Administrative Code
Agency 641 - Public Health Department
Chapter 40 - Standards for Protection Against Radiation
Rule 641-40.116 - Inspections Not Warranted-informal Review
Universal Citation: IA Admin Code 641-40.116
Current through Register Vol. 47, No. 6, September 18, 2024
(1)
a.If
the Bureau of Radiological Health determines, with respect to a complaint under
this rule, that an inspection is not warranted because there are no reasonable
grounds to believe that a violation exists or has occurred, the Bureau of
Radiological Health 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 Attorney General's Office.
Such Agency 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 Attorney General's Office. Such Agency
will provide the complainant with a copy of such statement by certified
mail.
b. Upon the request of the
complainant, the Attorney General's Office 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, but disclosure of the identity of the complainant will be made
only following receipt of written authorization from the complainant. After
considering all written and oral views presented, the Attorney General's Office
shall affirm, modify, or reverse the determination of the Radiation Control
Program and furnish the complainant and the licensee or registrant a written
notification of the decision and the reason therefor.
(2) If the Bureau of Radiological Health determines that an inspection is not warranted because the requirements of 40.116(1) 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 40.116(1).
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