The State Electricity Regulatory Commission On Administrative Reconsideration Measures Of

Original Language Title: 国家电力监管委员会行政复议办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201011/20101100328939.shtml

The State electricity regulatory Commission on administrative reconsideration measures of (June 9, 2010 the State electricity regulatory Commission published 29th come into force on September 1, 2010) first in order to prevent and correct unlawful or improper administrative action, protect the legitimate rights and interests of citizens, legal persons and other organizations, guarantee electric power supervision according to law, standardize administrative review work on electricity regulation, in accordance with the People's Republic of China administration reconsideration law (hereinafter referred to as the administrative reconsideration law), the People's Republic of China regulations on implementation of the administrative reconsideration law

    (Hereinafter referred to as regulations for the implementation of the administrative reconsideration law) and the electricity regulatory Ordinance, these measures are formulated.

    A citizen, legal person or other organization to the State electricity regulatory Commission (hereinafter referred to as the SERC) made an application for administrative reconsideration, SERC handle administrative reconsideration cases, these procedures apply.

    Citizens, legal persons or other organizations that the SERC and its Agency (hereinafter referred to as the electricity regulatory agency) violations of their legitimate rights and interests of the specific administrative act, may, in accordance with the administrative review law, implementation of the administrative reconsideration law regulations and these rules apply to the electricity regulatory Commission on administrative reconsideration.

    Third Department in charge of Legal Affairs of the Council (hereinafter referred to as Legislative Affairs Department) is the electricity regulatory Commission on administrative reconsideration institutions, specific matters of administrative reconsideration, administrative reconsideration law article and the duties provided for in article III of the regulations for the implementation of the administrative reconsideration law.

    Fourth, one of the following circumstances, citizens, legal persons or other organizations can apply to the electricity regulatory Commission administrative review:

    (A) on power regulator's warnings, fines, confiscation of illegal proceeds, the confiscation of unlawful property or things, revoked license, refuses to accept the decision on administrative penalty;

    (B) the sealed documents to the power regulator is dissatisfied with a decision of compulsory administrative measures;

    (C) related to the regulators permit certificate changes, revocation of decision;

    (D) that meets the statutory requirements, applying for regulators to issue a permit, certificate, or to apply for matters related to the electricity regulatory authority for approval, registration, power regulators for failing to take care of;

    (E) on the power regulator's share of generation enterprises in electric power market is dissatisfied with a decision;

    (F) on the power regulator power grid interconnection and operation of power plants and power grid is dissatisfied with a decision;

    (G) the electricity market to the regulators of the principal to engage in electricity trading fair, open and discrimination-free power transmission company is dissatisfied with a decision of the fair open network;

    (VIII) consider electricity the power of regulatory information to make public specific administrative act in violation of their legitimate rights and interests;

    (IX) on the power regulator for electric power enterprise information made public is dissatisfied with a decision;

    (10) power dam safety level is dissatisfied with a decision of the regulatory body;

    (11) power regulator of other violations of the legitimate rights and interests of a specific administrative act.

    Article fifth power regulator's handling of the complaint, not part of the scope of administrative reconsideration; the complainant appealed against the electric power regulatory bodies dealing with complaint letters and visits, in accordance with the provisions of the regulations of the petition review, review procedures.

    Citizens, legal persons or other organizations proposed in the petition appealed against the electricity regulatory body specific administrative acts and administrative reconsideration requests, power regulator petition staff should advise the complainant may apply for administrative reconsideration.

    Article citizens, legal persons or other organizations to the electricity regulatory Commission on administrative reconsideration shall comply with the administrative reconsideration law article Nineth and the implementation of the administrative reconsideration law section 15th, 16th of the application requirement. Seventh article in accordance with the administrative review law, implementation of the administrative reconsideration law regulations and these rules apply for administrative reconsideration of citizens, legal persons or other organizations are administrative reconsideration of the applicant.

    Power regulators to formulate specific administrative acts is the respondent. Article the applicant may apply for administrative reconsideration, may apply in writing, or orally. Applicant a written application shall be submitted in accordance with the regulations for the implementation of the administrative reconsideration law article 19th application for administrative reconsideration.

    Oral application of the applicant, legal affairs departments shall, in accordance with the regulations for the implementation of the administrative reconsideration law article 20th, making an application for administrative reconsideration record and signed by the applicant.

    Nineth legality Department upon receipt of the application for administrative reconsideration should be reviewed in the 5th, be dealt with in accordance with legal jurisdiction, procedure and deadlines.

    Office of Legislative Affairs before the date of the application for reconsideration, shall be determined in accordance with the following:

    (A) the applicant submitted an application for administrative reconsideration or oral application for administrative reconsideration, to personally or an oral application date is the date of receipt of an application for administrative reconsideration;

    (B) the applicant by post, by fax or e-mail or any other means to present an application for administrative reconsideration, to Legislative Affairs Department signed or received date is the date of receipt of an application for administrative reconsideration;

    (C) the local people's Governments at the county level in accordance with article 18th forwarded an application for administrative reconsideration of administrative reconsideration law, Legislative Affairs Department signed or received date is the date of receipt of an application for administrative reconsideration.

    Tenth administrative review to the application in accordance with the administrative review law implementing regulations article 28th, Legislative Affairs Department shall entertain and inform the applicant.

    11th under any of the following circumstances, Legal Affairs Department was inadmissible and shall inform the applicant:

    (A) the applicant and the specific administrative act of no interest;

    (B) without justification, the administrative reconsideration application is not submitted within the statutory deadlines;

    (C) the applicant appealed against the electric power dispute conciliation decisions of regulatory bodies;

    (D) before the applicant in applying for administrative reconsideration to the electricity regulatory Commission, has asked the relevant administrative authorities may apply for administrative reconsideration or bring administrative proceedings, the relevant administrative organ or a people's Court has accepted;

    (E) laws and administrative regulations, the other inadmissible cases.

    12th administrative reconsideration application materials are incomplete or unclear, legal affairs departments shall, in accordance with the regulations for the implementation of the administrative reconsideration law article 29th applicant supplemented.

    Any of the following circumstances, legal departments can maintain for administrative reconsideration application materials are incomplete or unclear:

    (A) in accordance with the regulations for the implementation of the administrative reconsideration law article 19th (a) requirement to furnish basic information of the applicant;

    (B) no identity document of the applicant;

    (C) no specific respondent;

    (D) administrative review request was not specific, is not clear;

    (E) entrusts an agent to participate in the administrative reconsideration law instruments is not complete or not clearly delegated authority;

    (Vi) not in accordance with the provisions of the regulations for the implementation of the administrative reconsideration law article 21st provide evidence or proof is obviously not sufficient;

    (VII) other circumstances as prescribed by the relevant regulations of the State. 13th article legal work sector should since accepted administrative reconsideration application of day up 7th within, making administrative reconsideration replies notice, and will administrative reconsideration replies notice, and administrative reconsideration applications copy or administrative reconsideration application record copies and applicants submitted of about evidence, and material of copy sent was applicants; which, electric prison will as was applicants of, legal work sector should will administrative reconsideration replies notice, and administrative reconsideration applications copy or administrative reconsideration application record copies and applicants submitted of about evidence

    , Copies of material the SERC original undertaking specific administrative acts of the Department or agency.

    Was applicants should since received administrative reconsideration replies notice, and administrative reconsideration applications copy or administrative reconsideration application record copies and applicants submitted of about evidence, and material of copy of day up 10th within, to legal work sector submitted administrative reconsideration replies views book; which, electric prison will as was applicants of, by electric prison will original hosted specific administrative behavior of sector or institutions is responsible for submitted administrative reconsideration replies views book.

    14th administrative reconsideration reply submissions shall contain the following particulars:

    (A) the respondent to impose a specific administrative act the main facts, evidence, evidence and other relevant material;

    (B) the applicant an application for administrative reconsideration in the presentation of facts and reasons to reply;

    (C) on the request of the applicant made comments, suggestions;

    (D) reply to seal or signature;

    (E) the date of the reply.

    15th Legislative Affairs Department upon receipt of the reply submission of administrative reconsideration shall be in accordance with the administrative review law, relevant provisions of the regulations for the implementation of the administrative reconsideration law, for the respondent to impose a specific administrative act the main facts, evidence, evidence, procedures such as comprehensive trial, trial observations made.

    Article 16th over grave and complicated administrative review cases or administrative review cases of social influence, head of the Legal Affairs Department should be brought to the SERC brainstorm.

    SERC head of group discussions on administrative reconsideration cases, the legal department shall introduce basic circumstances of the case, submitted comments.

    Article 17th by the SERC head of consent or after collective discussion through, Legislative Affairs Department according to hear advice make a written administrative reconsideration decision.

    18th administrative reconsideration decision from the administrative reconsideration within 60 days from the date of filing.

    Under the administrative reconsideration law of 31st article, any of the following circumstances, approved by the head of SERC, you can extend the administrative reconsideration period but extended up to 30th:

    (A) according to the regulations for the implementation of the administrative reconsideration law taken 33rd article hearing hearing;

    (B) the applicant and the third party new facts and evidence needs to be investigated to verify;

    (C) the applicant and the respondent in accordance with the regulations for the implementation of the administrative reconsideration law article 40th reconciliation, or legislative affairs departments in accordance with the implementation of the administrative reconsideration law section 50th mediation;

    (D) the situation is complex, cannot make a reconsideration decision within the time limit specified in other cases.
Extension of the administrative review period, shall draw up a notice of extension of administrative reconsideration, inform the applicant and the respondent.

    Article 19th other matters involving administrative review, these measures are not provided for in applicable administrative reconsideration law, implementation of the administrative reconsideration law regulations and other administrative review provisions of the State. 20th these measures shall come into force on September 1, 2010.