Jason, the M/R must be shown in the organogram, and this person must be formally appointed by the board/top management. The auditor found it written somewhere/or that the management rep was part of management.But the inconsistency must be that he/she was not formally appointed as such, for QMS purposes that is. The M/R will not sit at board meetings,but will sit at review meetings.
This is getting ludicrous. The intent of the standard is to ensure a competent member of the organization is placed in charge of the QMS associated with the corresponding standard. Sure, you can have Tom the Janitor be the MR, and he might be able to do the job. But is that the best way to go about this? And what would that say about the organization that made such a move in respect to how seriously they take their QMS??
Your statement about the organizational chart is mistaken. While I personally think every organization should have one, it's not a requirement and as long as the organization can demonstrate compliance I have no justification for an NC because "I" think there is a better way. The organization needs to ensure (under 5.5.1) that "responsibilities and authorities are defined and communicated".
As per 4.2.1; note 3; this can be in any form or type of medium.
The OP doesn't state how the auditor justified the NC, unless I missed it, but I agree, and I hope, it was based on some objective evidence and not just a preference.
The OP also stated that they chose to ignore that part of the standard, which is probably why they got a write-up.