[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1903.12]

[Page 33]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
PART 1903--INSPECTIONS, CITATIONS AND PROPOSED PENALTIES--Table of Contents
 
Sec. 1903.12  Inspection not warranted; informal review.

    (a) If the Area Director determines that an inspection is not 
warranted because there are no reasonable grounds to believe that a 
violation or danger exists with respect to a complaint under Sec. 1903.11, 
he shall notify the complaining party in writing of such determination. 
The complaining party may obtain review of such determination by 
submitting a written statement of position with the Assistant Regional 
Director and, at the same time, providing the employer with a copy of 
such statement by certified mail. The employer may submit an opposing 
written statement of position with the Assistant Regional Director and, 
at the same time, provide the complaining party with a copy of such 
statement by certified mail. Upon the request of the complaining party 
or the employer, the Assistant Regional Director, at his discretion, may 
hold an informal conference in which the complaining party and the 
employer may orally present their views. After considering all written 
and oral views presented, the Assistant Regional Director shall affirm, 
modify, or reverse the determination of the Area Director and furnish 
the complaining party and the employer and written notification of this 
decision and the reasons therefor. The decision of the Assistant 
Regional Director shall be final and not subject to further review.
    (b) If the Area Director determines that an inspection is not 
warranted because the requirements of Sec. 1903.11(a) have not been met, he 
shall notify the complaining party in writing of such determination. 
Such determination shall be without prejudice to the filing of a new 
complaint meeting the requirements of Sec. 1903.11(a).