(1) If the department determines that an inspection is not warranted for a complaint under WAC 246-222-070 because there are no reasonable grounds to believe that a violation exists or has occurred, the department shall notify the complainant in writing. The complainant may obtain an informal review of the determination by submitting a written statement of position to the address included in the notice. If an informal review is requested, the department shall proceed under either (a) or (b) of this subsection.
(a) The department shall participate in the informal review by the department of labor and industries according to the provisions of WAC 296-900-12015 and the provisions of the interagency agreement between the department of labor and industries and the department, if any.
(b) The department shall conduct an informal review.
(i) The department shall provide the licensee or registrant with a copy of the complainant's written statement of position by certified mail, excluding, at the request of the complainant, the name of the complainant.
(ii) The licensee or registrant may submit a written statement of position with the department. The department shall provide the complainant with a copy of the licensee's or registrant's written statement of position, if any, by certified mail.
(iii) 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.
(iv) After considering all views presented, the department shall affirm, modify, or reverse the determination and furnish the complainant and the licensee or registrant a written notification of the decision and the reason or reasons supporting the decision.
(2) If the department determines that an inspection is not warranted because the requirements of WAC 246-222-070(1) have not been met, the department shall notify the complainant in writing. The determination must be without prejudice to the filing of a new complaint meeting the requirements of WAC 246-222-070(1).
[Statutory Authority: RCW 70A.388.040. WSR 26-14-024, s 246-222-080, filed 6/22/26, effective 7/23/26. Statutory Authority: RCW 70.98.010, 70.98.050, and 70.98.080. WSR 17-12-046, § 246-222-080, filed 6/1/17, effective 7/2/17. Statutory Authority: RCW 70.98.050. WSR 14-01-077, § 246-222-080, filed 12/16/13, effective 1/16/14; WSR 98-13-037, § 246-222-080, filed 6/8/98, effective 7/9/98; WSR 94-01-073, § 246-222-080, filed 12/9/93, effective 1/9/94. Statutory Authority: RCW 70.98.050 and 70.98.080. WSR 91-15-112 (Order 184), § 246-222-080, filed 7/24/91, effective 8/24/91. Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-222-080, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.080. WSR 87-01-031 (Order 2450), § 402-48-080, filed 12/11/86; Order 1084, § 402-48-080, filed 1/14/76.]