(Released November 30, 2007 the State administration of work safety, the 15th since as of January 1, 2008) Chapter I General provisions article for safety violations of the sanctions, standardize work safety administrative punishment, in accordance with the law on administrative punishment, production safety law and other relevant laws, administrative laws and regulations, these measures are formulated.
    Second production safety supervision and management departments of the people's Governments above the county level production and business operation entity and the relevant personnel of production safety in production and business activities in violation of the relevant laws, administrative regulations and Department rules, national standards, industry standards and rules violations (hereinafter referred to as safety violations) impose administrative penalties, application of this approach.
    Coal mine safety supervision organization in accordance with these measures and administrative penalties for coal mine safety supervision of coal mine, coal mine safety agency production and operation units and safety of the persons concerned illegal imposition of administrative penalty.
    Administrative penalty for safety violations of relevant laws and administrative regulations of the type, amplitude or otherwise provided by the authorities, in accordance with its provisions.
    Impose administrative penalties for safety violations in article shall follow the principle of fairness, impartiality and openness. Production safety supervision and management departments or the coal mine safety supervision authority (hereinafter security supervisory authority) and its administrative punishments by administrative law enforcement personnel, must be based on the facts.
    Administrative penalties and safety violations should be facts, nature, circumstances and degree of social danger.
    Fourth production and business operation entity and its associated personnel on safety supervisory authorities give administrative penalty and shall enjoy the right to be heard, the right to defence and the right to a hearing; not satisfied with the administrative punishment, entitled to apply for administrative reconsideration or bring an administrative suit; administrative penalties for violation of damage, is entitled to apply for State compensation. Second chapter administrative punishment of type, and jurisdiction fifth article safety violations administrative punishment of type: (a) warning; (ii) fine; (three) ordered corrected, and ordered deadline corrected, and ordered stop violations; (four) confiscated illegal proceeds, and confiscated illegal mining of coal products, and mining equipment; (five) ordered discontinued closed reorganization, and ordered discontinued closed, and ordered stop construction, and ordered stop construction; (six) temporarily buckle or revoked about license, suspended or revoked about practice industry qualification, and post certificate; (seven) shut
    Closed; (h) detention; (IX) work safety laws, administrative regulations and other administrative penalties.
    Laws and administrative regulations of the preceding paragraph shall be ordered to correct, order within a time limit, shall be ordered to desist from the illegal act provisions except for on-site treatment.
    The sixth safety supervisory departments above the county level shall be in accordance with the provisions of this chapter, within their respective areas of responsibility to exercise jurisdiction over work safety administrative penalties against illegal acts. Violations of work safety administrative penalty from safety violations of safety supervisory departments above the county level.
    Central enterprises and its affiliated enterprises, safety violations of administrative punishment of the persons concerned, by safety violations to the districts of the city-level safety supervisory departments. Suspend, revoke a license and suspension, revoking the relevant certificate of qualification, job administrative penalty decided by the issuing authority.
    Among them, withholding licensing and suspension related qualification, job certificates in General, the term shall not exceed 6 months; otherwise stipulated by laws, administrative regulations, in accordance with its provisions.
    Close administrative punishment, shall be reported by safety supervisory departments above the county level in accordance with the provisions of the State Council of the people's Governments above the county level permissions.
    Give administrative penalty of detention, recommended by safety supervisory departments above the county level public security organs in accordance with the provisions of the decision.
    Seventh more security supervisory authority disputes the jurisdiction of administrative penalty, by the level of security on their common supervisory authority to exercise jurisdiction.
    Eighth report or reports of safety violations, the security supervisory authority shall accept Discover does not fall under its jurisdiction shall promptly transfer the jurisdiction over the Department.
    The safety supervision of the transfer gate to the jurisdictional objection, shall be submitted to the common level of safety supervisory departments to exercise jurisdiction.
    Nineth safety violation constitutes a crime, safety supervisory departments shall transfer the case to the judiciary, criminal responsibility shall be investigated according to law; but not serious enough for criminal punishment should be given administrative punishments according to law, governed by safety supervisory departments.
    Tenth superior safety supervisory departments can directly deal with child safety supervisory unit jurisdiction over a case, also can take jurisdiction of the case to subordinate safety supervisory departments.
    Child safety supervisory units can be fatal, difficult cases reported to superior safety supervisory departments.
    11th superior safety supervisory authority to subordinate the security supervisory authority illegal or improper correction or cancellation of administrative punishment. 12th security supervisory authority according to the need, in accordance with its statutory mandate entrusted in accordance with the conditions specified in article 19th administrative penalty within organizations or township people's Governments and urban neighborhood offices set up safety supervision and administration of administrative punishments.
    Entrusted, within the terms of reference, to delegate security supervisory authority on behalf of the implementation of administrative punishments.
    Delegate of safety supervisory departments shall supervise and inspect the entrusted administrative punishments, and impose administrative penalties on its legal responsibility for the consequences. Chapter III procedures for administrative punishments articles 13th work safety administrative law enforcement officers in the execution of their duties, must show above provincial safety supervision and management departments or local people's Governments at or above the county level shall make effective administrative law enforcement certificates.
    Coal mine safety supervision, must produce uniform State administration of production safety supervision and management of coal mine safety supervision certificate.
    14th article security regulatory monitored sector and administrative law enforcement personnel in supervision check Shi found production business units exists accident hidden of, should according to following provides take site processing measures: (a) can immediately excluded of, should ordered immediately excluded; (ii) major accident hidden excluded Qian or excluded process in the cannot guarantee security of, should ordered from dangerous regional withdrawal job personnel, and ordered temporarily discontinued closed, and stop construction, and stop construction or stop using, deadline excluded hidden.
    Hazard removed, examined and approved by the safety supervisory departments before they can resume production, marketing and use.
    The first paragraph of this article (b) the provision shall be ordered to suspend production temporarily, stop construction, stop working or stop using the term not exceeding 6 months; otherwise stipulated by laws, administrative regulations, in accordance with its provisions.
    15th article on has according to think not meet safety of national standards or industry standard of in with facilities, and equipment, and equipment, security regulatory monitored sector should law be seized or seized, and in 15th within according to following provides made processing decided: (a) can repair, and replaced of, ordered be repair, and replaced; cannot repair, and replaced of, no using; (ii) law take other administrative forced measures or site processing measures; (three) law give administrative punishment;
    (D) the verification seal or seize the equipment, the facilities and equipment conform to the State standards or industrial standards, lifting attachment or arrest. Implement attachment, attachment, attachment, attachment of decision issued on the spot and has been sealed up or seized property lists.
    In inaccessible areas, or sealing up, distraining may affect cases in a timely manner, or accident may result in a production safety accident, sealing up, distraining may be implemented, and within 48 hour replacement attachment, attachment of decision served on the parties concerned. 16th production and business operation entity being ordered to correct or risks excluded the period of governance, should be completed within the prescribed time limit.
    Cannot be completed within the prescribed deadline due to force majeure, should the rectification or governance at the same time, writing within 10th prior to the expiry of the extension application, safety supervisory departments shall, from the date of receipt of the application within the 5th answer in writing whether or not to grant an extension. Production and business operation entity apply for review or correction of the expiration of the period, governance, safety supervisory departments shall apply for review or expiration date in the 10th, fill out the review submissions by the review unit supervisory authority and security review after the signature file.
    Overdue rectification, not management or failed to pass the reform, governance, safety supervision and management departments should be given administrative punishments according to law. The 17th before making a decision on administrative penalty on safety supervisory departments, should fill out the notice of administrative penalty, inform the parties of facts, reasons, based on the administrative punishment decision made, and the Parties shall have the right to, and served on the party.
    The Parties shall from the date of receipt of the notice of administrative penalty on 3rd statements, representations, or hearing request in accordance with law, if construed as a waiver of such rights.
    18th security supervisory authority should fully hear the statements of the parties and to plead, on the facts, reasons and evidence submitted by the parties, should be reviewed; establishment of the facts, reasons and evidence submitted by the parties, safety supervision and management departments should be adopted.
    Safety supervisory departments have no penalties because of the parties ' statements or representations.
    19th safety inspection department gate safety illegal imposition of administrative penalty, shall comply with the statutory procedures, making law enforcement instruments.
    Section I summary 20th illegal facts are clear and there is a statutory basis, for individuals less than 50 Yuan fine, the production and business operation entities fined 1000 Yuan fine administrative penalties or warnings, safety chief law enforcement officers would be able to make the decision on administrative penalty.
    21st work safety administrative decision for administrative penalty from law enforcement officers, should fill out the order form, make up a number of written decision of administrative penalty and the spot party.
    Work safety administrative law enforcement personnel shall, without delay after the administrative penalty decisions are made on the spot report and reported to the respective safety supervisory departments in the 5th. Section II general procedure article 22nd except in accordance with the summary procedure of administrative penalties, safety supervisory departments found that production and business operation entity and the persons concerned should be given administrative punishment shall be filed, fill in file form, and a comprehensive, objective and fair investigations, collect evidence.
    Needed immediately to investigate safety violations, investigation and evidence collection, and replacement filing procedures in the 5th.
    Article 23rd case has been filed and approved by the Office designated two or more safety administrative law enforcement personnel to investigate.
    Any of the following circumstances, in charge of the case work safety administrative law enforcement personnel shall withdraw: (I) I am a near relative of a party or of the case, (ii) or any of his close relatives and have an interest in the case of (iii) and I have other interests, may affect the fairness of treatment. Avoiding safety administrative law enforcement personnel, for investigation by sending its head of safety supervisory decisions. Security supervisory authority in charge of conducting the investigation the withdrawal of decided collectively by the Department head.
    Prior to decision making, in charge of the case work safety administrative law enforcement personnel are not allowed to stop the investigation of the case. 24th when conducting investigations, safety administrative law enforcement personnel shall not be less than two.
    Party or person concerned shall truthfully answer the safety administrative law enforcement personnel inquiries, and assist in the investigation or inspection, and shall not refuse or obstruct or provide false information. Ask or check the record shall be kept. Record shall be recorded in the time, place, questioning and examining the situation, and by the person being interrogated, the inspected unit and safety administrative law enforcement personnel signed or sealed; interrogated, the units under inspection requirements and correction, should be allowed.
    Or by asking the units under inspection refuses to sign or seal, the work safety administrative law enforcement personnel shall indicate the reasons in the record and signed. 25th work safety administrative law enforcement personnel shall collect or obtain original documents related to the case as evidence.
    There is difficulty in access to original documents, you can copy, copies shall be marked "after checking with the original is" message and original documents stored unit and its premises and by proof of signature or seal. 26th article safety administrative law enforcement personnel in collection evidence Shi, can take sampling forensics of method; in evidence may out lost or yihou to made of situation Xia, by this units head approved, can first registration save, and should in 7th within made processing decided: (a) illegal facts established law should confiscated of, made administrative punishment decided, be confiscated; law should detained or sealed of, be detained or sealed; (ii) illegal facts not established, or law not should be confiscated, and detained, and
    Storage, discharge register. 27th production safety administration by law enforcement officials of case-related items, places of inspection inspection, shall notify the party scene, make transcripts, and checked by the parties sign or seal.
    The party refused to be present, the presence of other persons may be invited to testify, and indicate in the transcripts; can also be used, such as audio and video records of relevant items, places, circumstances, Inspector checks again.
    The 28th following the end of investigations, responsible for contractor safety in cases of administrative law enforcement personnel shall be made out of the case table, Department Manager for approval, together with relevant evidential materials.
    Security regulatory monitored sector head should timely on case survey results for review, according to different situation, respectively made following decided: (a) does have should by administrative punishment of violations of, according to plot weight and the specific situation, made administrative punishment decided; (ii) violations minor, law can not administrative punishment of, not administrative punishment; (three) illegal facts cannot established, shall not give administrative punishment; (four) violations suspected crime of, transferred judicial organ processing.
    For serious safety violations shall be ordered to suspend production for rectification, order to suspend production, shall be ordered to stop construction, shall be ordered to stop construction, revoke a license, revoked the licensing or post certificate, more than 30,000 yuan fines, confiscate the illegal income, confiscate the illegal exploitation of coal or mining equipment worth more than 30,000 administrative penalty should be decided collectively, head of safety supervisory departments. 29th security supervisory authority in accordance with this article 28th of the administrative penalty shall be imposed, it shall make a written decision of administrative penalty.
    Administrative punishment decided book should contains Ming following matters: (a) party of name or name, and address or address; (ii) illegal facts and evidence; (three) administrative punishment of type and according to; (four) administrative punishment of perform way and term; (five) refuses to administrative punishment decided, application administrative reconsideration or filed administrative litigation of way and term; (six) made administrative punishment decided of security regulatory monitored sector of name and made decided of date.
    Written decision of administrative penalty must be covered with safety supervisory Department of the seal of the administrative punishment decision. 30th article administrative punishment decided book should in declared Hou spot delivered party; party not presence of, security regulatory monitored sector should in 7th within in accordance with civil method of about provides, will administrative punishment decided book served party or other of statutory by served people: (a) served must has served receipt, by by served people in served receipt Shang indicate received date, signature or sealed; (ii) served should directly sent by served people. By served people is personal of, I is not make he of with live adult family sign, and in administrative punishment decided book served receipt of notes bar within indicate and by served people of relationship; (three) by served people is corporate or other organization of, should by corporate of statutory representative people, and other organization of main head or the corporate, and organization is responsible for received pieces of people sign; (four) by served people specified generation received people of, account received people sign taste indicate by party delegate of situation; (five) directly served does have difficult of, can registered mailing served,
    Also can delegate local security regulatory monitored sector on behalf of served, on behalf of served of security regulatory monitored sector received instruments Hou, must immediately make by served people sign; (six) party or he of with live adult family refused to received of, served people should invited about grass-roots organizations of representative or about personnel scene, indicate situation, in administrative punishment decided book served receipt Shang indicate rejected of causes and date, by served people, and witnesses signature or sealed, will instruments left in party of transceiver sector or residence, that considered served; (VII) the addressee is unknown, or cannot be served by the above means, service by public announcement after 60 days from the date of its announcement, the service shall be considered.
    Service by publication, and should indicate the reasons and in the file.
    Safety supervisory departments serve other administrative punishment law enforcement instrument, in accordance with the provisions of the preceding paragraph.
    31st cases of administrative penalty should be completed from the date of filing the 30th; due to objective reasons cannot complete the safety supervision Department agreed, could be extended, but not more than 90 days, special circumstances, it is necessary to further extend, should be approved by the higher level supervisory authority, may be extended to 180 days.
    Section III hearing procedures article 32nd security supervisory authority ordered to suspend production or business reorganization, is ordered to suspend, revoke a license, revoked the licensing, post certificate or a larger amount of fine in administrative penalty decision, it shall inform the parties have the right to request hearings; the parties to request a hearing, the security supervisory authority shall organize the hearing shall not be payable to a party hearing costs.
    Large amount of fine referred to in the preceding paragraph, to Governments of provinces, autonomous regions and municipalities directly under the Standing Committee, or amount specified; no prescribed amount, the amount of individual fines for more than 10,000 yuan, the production and business operation entities fined for more than 30,000 yuan.
    33rd the parties request a hearing shall be in safety supervision and management departments in accordance with this approach informed 3rd to 17th article writing.
    34th after hearing requests Parties, safety supervision and management departments should hold hearings before the 7th, notify the parties concerned of the time and place of the hearing. The Parties shall attend the hearing as scheduled.
    Parties have a legitimate reason to ask for an extension, approved by the head of safety supervisory organization hearing may be postponed if 1 party fails to attend the hearing, and without explanation, waived a hearing rights.
    35th article participants in the hearing by hearing, hearing officer, commissioned by the investigators of the case, the parties and their attorneys, clerks components.
    The presiding hearer, hearing officers, the Court Clerk shall be specified by the head of safety supervisory organization hearing non-investigation of the case officer.
    Parties may appoint 1 or 2 agents to the hearing, and submitted a power of attorney.
    Article 36th involve State secrets, business secrets or personal privacy, the hearing shall be held in public.
    37th the rights and obligations of the parties at the hearing: (a) the right to the facts concerning the case, the applicable law and related matters of presentation and representation; (b) the right to cross-examination of the evidence the investigators of the case and propose new evidence, (iii) to answer the moderator's questions honestly and (iv) abide by occupy the disciplinary hearing, subject to hearing the command. 38th hearing in accordance with the following procedures: (a) the clerk announced that occupy the disciplinary hearing, the rights and obligations of the parties. Hearing host announced case, verified hearing participate in people list, announced hearing began; (ii) case survey personnel proposed party of illegal facts, and show evidence, description intends made of administrative punishment of content and the legal according to; (three) party or its delegate agent on case of facts, and evidence, and applies of legal, for statement and defence, submitted new of evidence material; (four) hearing host on case of about problem to party, and case survey personnel, and witnesses asked; (five) case survey personnel, and
    Debate on party or its authorized representative; (vi) the parties or their authorized agent to make a final statement and (VII) hearing officer announced the end of the hearing.
    After hearing transcripts should be cross-checked by the parties sign or seal.
    39th under any of the following circumstances shall be suspended the hearing: (a) the need to investigate and collect evidence; (b) necessary to summon new witnesses to testify, and (c) the hearing cannot continue due to force majeure.
    40th under any of the following circumstances, it shall terminate the hearing: (a) withdrawn the hearing requested by the parties, (ii) parties without justifiable reasons not to attend the hearing, and (iii) is proposed to be the decision on administrative penalty has been changed and hearing procedure shall not apply. The 41st after the end of the hearing, the hearing officer shall, in accordance with the hearing, complete the hearing report, put forward opinions and hearing safety supervisory Department head review.
    Safety supervisory departments to take a decision in accordance with the provisions of article 28th of this approach. Fourth chapter administrative punishment of applies 42nd article production business units of decision institutions, and main head, and personal business of investors (including actual control people, with) not law guarantee following safety by required of funds input, led production business units not has safety conditions of, ordered deadline corrected, provides required of funds, and can on production business units at 10,000 yuan above 30,000 yuan following fine, on production business units of main head, and personal business of investors at 5,000 yuan above 10,000 yuan following fine
    ; It fails to mend, to order the production and business operation entity or business for rectifications: (I) is not on the required deposit and use of safety production risk mortgage payments, (ii) is not in accordance with the regulations in full costs of extraction and use of safety, (iii) other necessary for the safety of the State funding.
    Production and business operation entity before the main charge, personal business investors are illegal, resulting in production safety accident occurs, in accordance with the production safety accident reporting, investigation and handling Ordinance provides for punishment.
    43rd production and business operation entities in charge of safety production management of failing to perform their duties, leading to production safety accidents occur, in accordance with the production safety accident reporting, investigation and handling Ordinance provides for punishment.
    44th article production business units and main head or other personnel has following behavior one of of, give warning, and can on production business units at 10,000 yuan above 30,000 yuan following fine, on its main head, and other about personnel at 1000 Yuan above 10,000 yuan following of fine: (a) violation operation or security management provides job of; (ii) illegal command practitioners or forced practitioners illegal, and adventure job of; (three) found practitioners illegal job not added stop of; (Four) over approved of production capacity, and strength or ratings for production of; (five) on was seized or seized of facilities, and equipment, and equipment, unauthorized unsealed or using of; (six) deliberately provides false situation or hide exists of accident hidden and other security problem of; (seven) on accident omen or has found of accident hidden not timely take measures of; (eight) refused to, and hinder safety administrative law enforcement personnel supervision check of; (nine) refused to, and
    Hinder security supervisory authority to hire experts to conduct on-site inspections; (j) refuses to carry out safety supervisory departments and the administrative law enforcement officer safety supervisory instructions.
    45th article dangerous items of production, and business, and store units and mine enterprise, and building construction units has following behavior one of of, ordered corrected, and can at 10,000 yuan above 30,000 yuan following of fine: (a) not established emergency rescue organization or not by provides signed ambulance agreement of; (ii) not equipped with necessary of emergency rescue equipment, and equipment, and for regular maintenance, and maintenance, guarantee normal running of.
    46th article production business units and practitioners made agreement, from or reduce its on practitioners for production security accident casualties law should bear of responsibility of, the Agreement invalid; on production business units of main head, and personal business of investors according to following provides sentenced fine: (a) in agreement in the reduce for production security accident casualties on practitioners law should bear of responsibility of, at 20,000 yuan above 50,000 yuan following of fine;
    (B) agreements exempt from production safety accidents in China on responsibilities according to law, fines of between 50,000 yuan and 100,000 yuan.
    47th production and business operation entity does not have legal and administrative regulations and the safety conditions stipulated by national standards, industry standards, has not meet the safety requirements shall be ordered to suspend production or business reorganization, safety supervision and management departments should be brought to the jurisdiction of the people's Government to be close; people's Government decided to shut down, safety supervisory departments shall revoke the permit.
    48th article production business units transfer security production license of, confiscated illegal proceeds, revoked security production license, and according to following provides sentenced fine: (a) accept transfer of units and personal not occurred production security accident of, at 100,000 yuan above 300,000 yuan following of fine; (ii) accept transfer of units and personal occurred production security accident but no caused personnel death of, at 300,000 yuan above 400,000 yuan following of fine;
    (C) accept the transfer unit and individual death a production safety accident, more than 400,000 yuan and 500,000 yuan fine.
    49th article know or should know production business units not made security production license or other approved file unauthorized engaged in production business activities, still for its provides production business places, and transport, and custody, and warehouse, conditions of, ordered immediately stop violations, has illegal proceeds of, confiscated illegal proceeds, and at illegal proceeds 1 time times above 3 times times following of fine, but highest shall not over 30,000 yuan; no illegal proceeds of, and at 5,000 yuan above 10,000 yuan following of fine.
    50th article production business units and about personnel fraud, cheat or collusion, and collusion administrative approval staff made security production license book and the other approved file of, revoked license and the approved file, and according to following provides sentenced fine: (a) production business units has illegal proceeds of, confiscated illegal proceeds, and at illegal proceeds 1 time times above 3 times times following of fine, but highest shall not over 30,000 yuan; no illegal proceeds of, and at 5,000 yuan above 10,000 yuan following of fine;
    (B) the persons concerned more than 1000 Yuan and 10,000 yuan fine.
    Violations of the provisions of the preceding paragraph in production and business operation entities and associated personnel allowed to re-apply within 3 years of the administrative license.
    Production and operation units and their associates are not in accordance with the law of safety production license change, rectification, and the production and business operation entities fines of between 10,000 yuan and 30,000 yuan, the officers below 1000 Yuan and 5,000 yuan fine.
    51st article not made corresponding qualification, and qualification certificate of institutions and about personnel engaged in security evaluation, and certification, and detection, and test work, ordered stop violations, and according to following provides sentenced fine: (a) institutions has illegal proceeds of, confiscated illegal proceeds, and at illegal proceeds 1 time times above 3 times times following of fine, but highest shall not over 30,000 yuan; no illegal proceeds of, and at 5,000 yuan above 10,000 yuan following of fine; (ii) about personnel at 5,000 yuan above 10,000 yuan following of fine.
    52nd production and business operation entity and the relevant personnel of various legal provisions, there are two or more should be given administrative punishment for violations of work safety, safety supervision and management departments should be subject to different legal provisions, respectively, discretion, combined penalty.
    53rd on the same production and business operation entities and their associates the same safety violation shall not be given more than two penalties administrative penalties.
    54th article production business units and about personnel has following case one of of, should from heavy punishment: (a) endanger public security or other production business units security of, by ordered deadline corrected, late not corrected of; (ii) a years for same violations by two times above administrative punishment of; (three) refused to rectification or rectification poor, its violations is continued state of; (four) refused to, and hinder or to violence threat administrative law enforcement personnel of. 55th production and business operation entities and their associates has any of the following circumstances shall be given a lighter or mitigated administrative penalty: (a) the initiative to eliminate or mitigate harmful consequences of safety violations, (ii) coercion of safety violations by others, (iii) cooperate with safety supervisory departments to investigate safety violations has performed meritorious service and (iv) others should be given a lighter or mitigated administrative penalty in accordance with law.
    Minor and correct safety violations caused no harmful consequences, no administrative penalties.
    Fifth chapter of administrative punishment execution and filing in the 56th when safety supervisory departments to impose administrative penalties, should order the production and business operation entities and their associates to both stop and correct or rectify violations. 57th article this approach by said of illegal proceeds, according to following provides calculation: (a) production, and processing products of, to production, and processing products of sales income as illegal proceeds; (ii) sales commodity of, to sales income as illegal proceeds; (three) provides safety intermediary, and rental, service of, to service income or paid as illegal proceeds; (four) sales income cannot calculation of, by local similar equal scale of production business units of average sales income calculation; (five) service income, and
    Rewards cannot be calculated, according to the local industry average income or remuneration calculation of the same service.
    58th article administrative punishment decided law made Hou, party should in administrative punishment decided of term within, be perform; party late not shoe of, made administrative punishment decided of security regulatory monitored sector can take following measures: (a) due not paid fine of, daily by fine amounts of 3% added at fine; (ii) according to legal provides, will seized, and seized of facilities, and equipment, and equipment auction proceeds price arrived paid fine; (three) application Court forced implementation.
    Party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit, the administrative penalty does not stop the execution, except as otherwise provided by law.
    59th safety administrative law enforcement officers to collect fines on the spot, shall be issued by the provinces, autonomous regions and municipalities directly under the unified financial sector issued receipts; collect fines on the spot, shall from the date of collecting fines in the 2nd, and submitted to the respective safety supervisory departments; security supervisory authority shall, within the 2nd will be fined to pay the specified bank. 60th among items shall be destroyed in accordance with law, and needs to be sealed up or seized facilities, equipment, equipment auction against payment of a fine, in accordance with the law or relevant State provisions. Destruction of goods, in accordance with the relevant provisions of the State; not provided and approved by safety supervisory departments above the county level, by two or more safety administrative law enforcement officials supervised the destruction, and destruction of records.
    Processed goods, shall draw up a list.
    61st fines, confiscate the illegal income of money and confiscation of illegally mined coal products, mining equipment, must be paid in accordance with the relevant provisions, no unit or individual is allowed to retain, distribute or disguised privately.
    62nd article County safety supervision management sector sentenced 20,000 yuan above fine, and confiscated illegal proceeds, and confiscated illegal production of coal products or mining equipment value 20,000 yuan above, and ordered discontinued closed, and stop construction, and stop construction, and discontinued closed reorganization, and revoked about qualification, and post certificate or revoked about license of administrative punishment of, should since made administrative punishment decided of day up 10th within reported set district of city level safety supervision management sector record.
    63rd article set district of city level safety supervision management sector, and coal mine security monitored branch sentenced 50,000 yuan above fine, and confiscated illegal proceeds, and confiscated illegal production of coal products or mining equipment value 50,000 yuan above, and ordered discontinued closed, and stop construction, and stop construction, and discontinued closed reorganization, and revoked about qualification, and post certificate or revoked about license of administrative punishment of, should since made administrative punishment decided of day up 10th within reported provincial security regulatory monitored sector record.
    64th article provincial security regulatory monitored sector sentenced 100,000 yuan above fine, and confiscated illegal proceeds, and confiscated illegal production of coal products or mining equipment value 100,000 yuan above, and ordered discontinued closed, and stop construction, and stop construction, and discontinued closed reorganization, and revoked about qualification, and post certificate or revoked about license of administrative punishment of, should since made administrative punishment decided of day up 10th within reported national safety supervision management general or national coal mine security monitored Council record.
    Superior safety supervisory departments administrative penalties referrals, up safety supervisory departments of administrative penalties administrative penalty decisions are made within 10th of superior safety supervisory departments.
    65th after completion of administrative penalties, filing case materials should be in accordance with the relevant provisions. Cases filed after the filing, without authorization, no unit or individual is allowed to add, extract, alter and destroy the file material.
    Without the approval of safety supervisory departments, no unit or individual is allowed to borrow the files.
    Sixth chapter supplementary articles the 66th administrative penalties for production safety supervision and management departments and the instrument model, developed centrally by the State administration of work safety.
    Administrative punishment instruments used by the coal mine safety supervision organization model, formulated by the State administration of coal mine safety supervision Bureau.
    67th article production and business operation entities mentioned in these measures refers to legal and illegal basic units engaged in production or business operations, including enterprise, does not have the status of enterprise legal persons of partner organizations, individual businesses and natural persons and other production entities.
    This approach is called the "above" include the number, called "the following" not including the number itself. 68th in these measures come into force on January 1, 2008.
                                                                                                                  The State administration of work safety (State administration of coal mine safety supervision Bureau) released on May 19, 2003, the administrative penalties for safety violations committed, released on April 27, 2001, the coal mine safety supervision and abrogated the provisional rules of procedure.