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r <br />Page 301 <br />Section 5.02,5 <br />~~~ <br />(ii) The request either states the basis upon <br />which the facts are l;no4+n by the requesti na citizen or provides <br />other corroborating evidence sufficient to give the Division a <br />basis to believe that the violation has occurred. <br />(2) The identity of any person supplying information to <br />the Division in req;:~st.::g ~~ i.nspection shall regain <br />confidential, if requested by that person, unless that person <br />elects to accompany the inspector on the inspection pursuant to <br />(3) below. Such confidentiality shall extend to all materials <br />that may be furnished to alleged violators under (;) and (5) b~lo•.v. <br />122(7) (3) When an inspection is to be conducted as a result of a <br /> citizen's request, the Division shall notify the person who made <br /> the request as far in advance as is practicable, of the date and <br /> time when the proposed inspection is to be conducted. Such person <br /> shall be allowed to accompany the inspecting authorized <br /> representative during the inspection provided that he or she has <br /> submitted the written request for an inspection under <br /> 5.02.5(1)(a), and remains in the presence of and under the <br /> control, direction and supervision of the authorized <br /> representative, and agrees *_o comply with alt applica`•le Sate ar.d <br /> Federal safety rules artd regulations during the inspection. <br /> <br />'~ 102 (4) Within 10 days of the inspection, or if no inspection <br />122(7) is conducted, within i5 days of receipt of the citizen's written <br /> request, the Division shall send the person requesting the <br /> inspection and the alleged violator the follor+ing: <br /> (a) If an inspection was conducted, either a <br /> description of the enforcement action taken or an explanation of <br /> why no enforcement action r+as taken; <br /> (b) If no inspection was conducted, an explanation <br /> of the reason why; and <br /> (c) In either case, an explanation of the person's <br /> right, if any, to informal review of the action or inaction of the <br /> Division under (5) below. <br />122(7) (5) Any person who has requested an inspection may request <br /> in writing that the Administrator informally review the Division's <br /> decision either not to inspect or not to take enforcement action <br /> on the basis of an inspection with respect to any violation <br /> alleged by that person. The Administrator shall conduct the <br /> informal review and report the results in writing to both the <br /> person requesting the review and the alleged violator within 30 <br /> days of the Administrator's receipt of the request for review. <br /> 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 <br /> under 34-33-135 of the Act. <br />