NAC459.794. Inspections: Informal review.

     1. If the Division determines, with respect to the complaint under NAC 459.792, that an inspection is not warranted because there are no reasonable grounds to believe that a violation exists or has occurred, the Division must notify the complainant in writing of that determination.

     2. The complainant may obtain a review of the determination by submitting a written statement of his or her position with the Chief Medical Officer, who shall provide the licensee or registrant with a copy of the 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 Chief Medical Officer, who shall provide the complainant with a copy of the statement by certified mail. Upon request of the complainant, the Chief Medical Officer may hold an informal conference, pursuant to subsection 2 of NAC 459.136, in which the complainant and 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 may be made only following receipt of his or her written authorization. After considering all written or oral views presented, the Chief Medical Officer shall affirm, modify or reverse the determination of the Division and furnish the complainant and the licensee or registrant a written notification of the decision and the reason therefore.

     3. The informal conference cannot be appealed and is the final remedy available to the complainant or the licensee or registrant pursuant to subsection 3 of NAC 459.136.

     4. If the Division determines that an inspection is not warranted because the requirements of subsection 1 of NAC 459.792 have not been met, the Division shall notify the complainant in writing of that determination. Such a determination is without prejudice to the filing of a new complaint meeting the requirements of that subsection.

     [Bd. of Health, Radiation Control Reg. §§ 10.8-10.8.4, eff. 2-28-80]—(NAC A 10-30-97)