Section R20-5-619. Inspection Not Warranted; Informal Review

If the Division Director determines that an inspection is not war- ranted because there are no reasonable grounds to believe that a violation or danger exists with respect to a complaint in accordance with A.R.S. § 23-408(E), 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 Industrial Commission and, at the same time, pro- viding the employer with a copy of such statement by certified mail. The employer may submit an opposing written statement of position with the Industrial Commission and, at the same time, pro- vide the complaining party with a copy of such statement by certi- fied mail. Upon the request of the complaining party or the employer, the Industrial Commission, at their discretion, may hold an informal conference in which the complaining party and the employer may orally present their views. After considering all writ- ten and oral views presented, the Industrial Commission shall affirm, modify, or reverse the determination of the Division Direc- tor and furnish the complaining party and the employer a written notification of their decision and the reasons therefore. The deci- sion of the Industrial Commission shall be final and not subject to further review. Such determination shall be without prejudice to the filing of a new complaint meeting the requirements of A.R.S. § 23- 408(E).

Historical Note

Adopted effective May 25, 1977 (Supp. 77-3). Repealed as an emergency effective November 16, 1977, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 77-6). Adopted as an emergency effective October 29, 1980, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 80-5). Former Section R4-13-619 repealed, for- mer Section R4-13-618 adopted as an emergency effec- tive October 29, 1980, renumbered and amended as Section R4-13-619 effective March 2, 1981 (Supp. 81-2).

R20-5-619 recodified from R4-13-619 (Supp. 95-1).