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Page 345 <br />Section 5.02.5 <br />(2) The identity of any person supplying information to the Division in <br />requesting an inspection shall remain confidential, if requested by that <br />person, unless that person elects to accompany the inspector on the <br />inspection pursuant to (3) below. Such confidentiality shall extend to <br />all materials that may be furnished to alleged violators under (4) and (5) <br />below. <br />t22(7) (3) When an inspection is to be conducted as a result of a citizen's request, <br />the Division shall notify the perso^ who made the request as far in <br />advance as is practicable, of the date and time when the proposed <br />inspection is to be conducted. Such person shall be allowed to <br />accompany the inspecting authorized representative during the <br />inspection provided that he or she has submitted the written request for <br />an inspection under 5.02.5(1)(a), and remains in the presence of and <br />under the control, direction and supervision of the authorized <br />representative, and agrees to comply with all applicable State and <br />Federal safety rules and regulations during the .inspection. <br />toz, 122(7) (4) Within 10 days of the inspection, or if no inspection is conducted, with- <br />in 15 days of receipt of the citizen's written request, the Division shall <br />send the person requesting the inspection and the alleged violator the <br />following: <br />(a) If an inspection was conducted, either a description of the <br />enforcement action taken or an explanation of why no enforcement <br />action was taken; <br />(b) If no inspection was conducted, an explanation of the reason why; <br />and <br />(c) In either case, an explanation of the person's right, if any, to <br />informal review of the action or inaction of the Division under (5) <br />below. <br />tzz(~) (5) Any person who has requested an inspection may request in writing that <br />the Administrator informally review the Division's decision either not <br />ro inspect or not to take enforcement action on the basis of an <br />inspection with respect to any violation alleged by that person. The <br />Administrator shall conduct the informal review and report the results <br />in writing to both the person requesting the review and the alleged <br />violator within 30 days of the Administrator's receipt of the request for <br />review. Informal review under 5.02.5(5) shall not affect any right to <br />formal review under 34-33-124 of the Act or to a citizen's suit under <br />34-33-135 of the Act. <br />