Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 120.000 - The Control of Radiation
REPORTS
Section 120.758 - Inspections not Warranted; Informal Review

(1) If the Agency determines, with respect to a complaint under 105 CMR 120.757, that an inspection is not warranted because there are no reasonable grounds to believe that a violation exists or has occurred, the Agency 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 Department. The Department 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. The Department will provide the complainant with a copy of such statement by certified mail.

(2) Upon the request of the complainant, the Department 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 Department shall affirm, modify, or reverse the determination of the Agency and furnish the complainant and the licensee or registrant a written notification of the decision and the reason therefor.