La. Admin. Code tit. 33 § XV-1017

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-1017 - Inspections Not Warranted: Informal Review

A. Notification to Complainant and Informal Review

1. If the department determines, with respect to a complaint filed under LAC 33:XV.1016, that an inspection is not warranted because there are no reasonable grounds to believe that a violation exists, is occurring, or has occurred, the department 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 administrative authority, who will provide the licensee or registrant with a copy of such statement by certified mail, return receipt requested, 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 Office of Environmental Compliance, who will provide the complainant with a copy of such statement by certified mail, return receipt requested.

2. Upon the request of the complainant, the administrative authority 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 or oral views presented, the administrative authority shall affirm, modify, or reverse the determination of the department and furnish the complainant and the licensee or registrant a written notification of his or her decision and the reason therefore.

B. Requirements of LAC 33:XV.1016.A Not Met. If the department determines that an inspection is not warranted because the requirements of LAC 33:XV.1016.A have not been met, it shall notify the complainant in writing of such determination. Such determination shall be without prejudice to the filing of a new complaint meeting the requirements of LAC 33:XV.1016.A.

La. Admin. Code tit. 33, § XV-1017

Promulgated by the Department of Environmental Quality, Nuclear Energy Division, LR 13:569 (October 1987), amended by the Office of Air Quality and Radiation Protection, Radiation Protection Division, LR 19:1421 (November 1993), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2594 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2534 (October 2005), LR 33:2186 (October 2007).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.