(Released on October 8, 2007, the State administration of work safety, the 14th since as of November 1, 2007) Chapter I General provisions article in order to standardize work safety administrative reconsideration, to resolve the dispute, in accordance with the People's Republic of China administration reconsideration law and the People's Republic of China regulations for the implementation of the administrative reconsideration law, these provisions are formulated.
    A citizen, legal person or other organization considers work safety supervision and management departments, the coal mine safety supervision authority (hereinafter referred to as safety supervisory departments) violations of their legitimate rights and interests of the specific administrative act, to safety in the administrative reconsideration organ may apply for administrative reconsideration, safety authority accepts an application for administrative reconsideration of administrative reconsideration, administrative reconsideration decisions are made, these provisions shall apply. Article security supervisory authority shall perform the duties of administrative reconsideration is a product of administrative reconsideration organs.
    Safety Agency of administrative reconsideration organs in charge of Legal Affairs is the Authority's administrative reconsideration institutions (hereinafter referred to as the safety agency of administrative reconsideration).
    Work safety administrative body for reconsideration shall lead, supporting the administrative reconsideration institutions in accordance with the law on administrative reconsideration matters, and in accordance with the relevant provisions of full, full-time administrative review officers, administrative reconsideration institutions handling capacity commensurate with the task. Fourth, the State administration of work safety administrative review cases handled in accordance with the following procedure, it receives, the Division responsible for: (a) the period specified in accordance with the provisions of the policy and regulations Division, preliminary review of an application for administrative reconsideration, 's decision to accept or not to accept. On decided accepted of, will files material transferred related business division Council points mouth hosted; (ii) related business division Council received files material Hou, should in 30th within understand verified about situation, proposed processing views; (three) policy regulations Division according to processing views, in 20th within developed administrative reconsideration decided book, submitted this Council head collective discussion or competent head validation; (four) this Council head collective discussion through or competent head agreed Hou, policy regulations Division making administrative reconsideration decided book, and served applicants, and
    The respondent and the third party.
    State administration of coal mine safety supervision Bureau and provincial and provincial safety supervisory departments for administrative review cases in the light of the following above procedures.
    Second chapter administrative reconsideration range and jurisdiction fifth article citizens, and corporate or other organization on security regulatory monitored sector made of following specific administrative behavior refuses to, can application administrative reconsideration: (a) administrative punishment decided; (ii) administrative forced measures; (three) administrative license of change, and suspended, and revoked, and withdrawn, decided; (four) think meet statutory conditions, application security regulatory monitored sector handle license, and qualification card, administrative license procedures, security regulatory monitored sector no law handle of;
    (E) consider illegal charges or illegal requirements of safety supervisory departments to fulfil their obligations; (vi) said safety supervisory departments of other violations of the legitimate rights and interests of a specific administrative act.
    Article citizens, legal persons or other organizations think safety supervisory departments of illegal specific administrative act on the basis of provisions, at the time of applying for administrative reconsideration of specific administrative acts, can be based on the administrative reconsideration law of the seventh article proposing the review application.
    Seventh security supervisory authority the following administrative acts, not part of the production scope of administrative reconsideration: (a) a production safety accident investigation reports, (ii) does not have the force of administrative guidance Act and petition responses, (iii) production safety accident risk identified; (d) the information bulletin published; (v) non-specific administrative acts stipulated by laws and administrative regulations. Eighth section of local people's Governments at or above the county level work safety supervision and management departments of specific administrative acts, may apply for administrative reconsideration up safety supervision and management departments, and can also apply to the people's Government at the administrative review.
    Has been submitted to the people's Government at the application for administrative reconsideration, and the people's Governments at the same level has been accepted, work safety supervision and management departments are no longer accepted at a higher level.
    Specific to the State administration of work safety administrative acts, administrative reconsideration application to the State administration of work safety.
    Nineth articles specific to the coal mine safety supervision Bureau of administrative acts, to the Bureau under the provincial coal mine safety supervision Bureau may apply for administrative reconsideration.
    Provincial coal mine safety supervision organization specific administrative acts, administrative reconsideration application to the State administration of work safety.
    Specific to the State administration of coal mine safety supervision Bureau of administrative acts, administrative reconsideration application to the State administration of coal mine safety supervision Bureau.
    Tenth security supervisory authority established by the Agency, internal institutions or other organizations, authorized by laws or administrative regulations, foreign in their own name to a specific administrative act, the security supervisory authority for the respondent.
    11th security institutions commissioned by the supervisory authority according to law, the safety supervisory departments to delegate specific administrative acts on behalf of, and in accordance with the provisions of the present article eighth and Nineth may apply for administrative reconsideration. 12th security supervisory authority and relevant sector specific administrative acts, may apply to their common administrative organ at a higher level of administrative review.
    Specific administrative act to the common security supervisory authority together with the relevant departments for the respondent.
    The State production safety supervision administration and other sector specific administrative acts of the State Council, can contribute to the national work safety administration together or any other departments to formulate specific administrative acts of administrative reconsideration by a specific administrative act Department of administrative reconsideration decision.
    13th child safety supervisory units in accordance with the laws, administrative regulations, rules and regulations, approved by the higher supervisory authority to undertake a specific administrative act, approval authority for the respondent.
    Chapter III administrative reconsideration applications and accepted article 14th security supervisory authority to undertake a specific administrative act, according to law to the citizens, legal persons or other organizations was not delivered by the service of legal documents, as the citizens, legal persons or other organizations may not know the specific administrative act.
    Safety supervisory departments specific administrative act undertaken by the citizens, legal persons or other organizations may adversely affect the rights, obligations, apply for administrative reconsideration should be informed of their rights, term of application for administrative reconsideration and the administrative review. 15th administrative reconsideration may apply in writing, or orally.
    Written application can be submitted in person, by post or by fax or any other means proposed, and set out in the application for administrative reconsideration of the regulations for the implementation of the administrative reconsideration law matters article 19th.
    Oral application, safety matters of administrative reconsideration shall be in accordance with the provisions of the first paragraph, make an application for administrative reconsideration on the spot records check read to the applicant or the applicant and signed by the applicant.
    16th article safety administrative reconsideration institutions should since received administrative reconsideration application of day up 3rd within on reconsideration application whether meet following conditions for preliminary review: (a) has clear of applicants and was applicants; (ii) applicants and specific administrative behavior has interest relationship; (three) has specific of administrative reconsideration requests and facts according to; (four) in statutory application term within proposed; (five) belongs to this provides fifth article provides of administrative reconsideration range; (six) belongs to received administrative reconsideration application of administrative reconsideration organ of duties range;
    (VII) other administrative reconsideration organs has not been accepting an application for the same administrative review, the people's courts have not accepted the same administrative proceedings in respect of the same facts.
    17th administrative reconsideration application is staggered by the applicant, work safety administrative reconsideration shall advise the applicants to change the respondent. 18th administrative reconsideration application materials are incomplete or unclear, safety administrative reconsideration from the date of receipt of the application for administrative reconsideration 5th corrections by notice in writing to the applicant. Correction notice shall set forth the matters requiring correction and reasonable correction period. Without any justified reason, the time limit is not corrected, treated as abandoned an application for administrative reconsideration of the applicant.
    Correct application materials used are not included in the administrative review hearing expires.
    19th article by preliminary review Hou, safety administrative reconsideration institutions should since received administrative reconsideration application of day up 5th within by following provides made processing: (a) meet this provides 16th article provides of, be accepted, and business sent administrative reconsideration accepted decided book; (ii) not meet this provides 16th article provides of, decided not accepted, and business sent administrative reconsideration application not accepted decided book; (three) not belongs to this organ duties range of, should told applicants to right to accepted of administrative reconsideration organ proposed.
    20th during administrative review, work safety administrative reconsideration institutions considered the applicant other than the citizens, legal persons or other organizations and examined the specific administrative act interested, you can notice it as a third party to the administrative review.
    During the administrative review, applicants other than the citizens, legal persons or other organizations and examined the specific administrative act has an interest, may apply to the work safety administrative reconsideration institutions as a third party to the administrative review.
    Fourth administrative review proceedings and decisions of the 21st production safety administrative review cases before the administrative reconsideration, administrative reconsideration should consist of 2 or more participants.
    22nd work safety administrative reconsideration institutions shall from the date of filing of administrative reconsideration in the 7th, the copy of the application for administrative reconsideration or administrative reconsideration request copies of transcripts sent by the applicant.
    Being the applicant shall receive a copy of the application or from the date of application copies of transcripts of administrative review in the 10th, according to copies of the reconsideration request submission of the written answers, and had to make a specific administrative act evidence, evidence and other relevant material. Written reply the applicant shall set forth the following and affix its official seal: (a) the basic processes and specific administrative act; (b) the specific administrative acts relating to the facts and evidence;
    (C) the specific administrative act on the basis of laws and administrative rules and regulations and normative documents by number, the specific terms and (iv) to request reconsideration of the applicant's opinion and reasons (v) date of the reply.
    23rd article has following case one of of, was applicants by safety administrative reconsideration institutions allows can added related evidence: (a) in made specific administrative behavior Shi has collection evidence, but for force majeure, due reason cannot provides of; (ii) applicants or third people in administrative reconsideration process in the, proposed has its in security regulatory monitored sector implementation specific administrative behavior process in the no proposed of defence reason or evidence of. 24th article has following case one of of, applicants should provides proved material: (a) think was applicants not perform statutory duties of, provides had requirements was applicants perform statutory duties and was applicants not perform of proved material, but was applicants law should active perform of except; (ii) application administrative reconsideration Shi together proposed administrative compensation requests of, provides by specific administrative behavior against and caused damage of proved material; (three) applicants himself advocates of facts; (four) legal, and
    Administrative rules and regulations stipulated by the applicant to provide documentary evidence of other cases.
    25th the applicant and respondent, the third party shall submit its evidence classification number, sources of materials, objects and contents of the evidence briefly and hold one in evidence, indicating the date of submission.
    Copies of evidence is, it should be checked by the review bodies, and indicate the original storage units and premises.
    26th administrative reconsideration shall in principle take the form of written, but for big, complex cases, or safety administrative reconsideration request, the applicant considers it necessary, you can take the form of hearing to hear.
    Hearings should guarantee equal representation by the parties, the right to cross-examine and debate.
    27th article safety administrative reconsideration institutions take hearing of way trial reconsideration case, should making hearing record and contains Ming following matters: (a) case, hearing of time, and locations; (ii) applicants, and was applicants, and third people and agent of basic situation; (three) hearing host, and hearing Member, and clerk of name, and positions,; (four) applicants, and was applicants, and third people dispute of focus problem, about facts, and evidence and according to; (five) other should records of matters.
    The applicant and the applicant or the third party should check the hearing record and sign or seal. 28th safety administrative reconsideration institutions when deemed necessary, field investigation to verify the evidence.
    When the investigation, administrative review shall be not less than 2, and shall produce their certificates to the party or person concerned.
    Site inspection, site inspection time not included in the trial period of administrative review. 29th production safety matters involving special needs identified during the administrative review, identify the party concerned entrusting with appraising agencies, can also apply for administrative reconsideration institutions delegate accreditation bodies for identification. Identification of expenses shall be borne by the parties.
    Identification of time are not included in the trial period of administrative review.
    Article 30th applicants before a decision to voluntarily withdraw an application for administrative reconsideration of administrative reconsideration, agreed by the administrative review bodies, may be withdrawn. Applicant withdraws the application for administrative reconsideration shall apply for administrative reconsideration again on the same facts and grounds.
    However, the applicant can prove that the withdrawal of an application for administrative reconsideration except where contrary to the real intention.
    31st administrative reconsideration application is made jointly by two or more applicants, administrative reconsideration decision is made, some applicants to withdraw an application for administrative reconsideration, safety not withdrawn by the administrative body for reconsideration shall, other applicants applying for administrative reconsideration of administrative reconsideration decision.
    Article 32nd by the applicant during the reconsideration period to change the original specific administrative act, it shall notify the review agency.
    The respondent changed the original specific administrative act, the applicant to withdraw the application for reconsideration, administrative review terminated the applicant does not withdraw the application for reconsideration, work safety administrative reconsideration following a review of the original specific administrative act illegal, confirm its illegal decision should be made; the original specific administrative act illegal, should be made to maintain a reconsideration decision.
    33rd article citizens, and corporate or other organization on security regulatory monitored sector exercise legal, and administrative regulations provides of free CD volume right made of specific administrative behavior refuses to application administrative reconsideration, applicants and was applicants in administrative reconsideration decided made Qian voluntary reached reconciliation of, should to safety administrative reconsideration institutions submitted written reconciliation agreement; reconciliation content not damage social public interests and others lawful rights and interests of of, safety administrative reconsideration institutions should allowed.
    34th under any of the following circumstances, work safety administrative reconsideration institutions can be carried out in accordance with the principle of voluntary, legal mediation: (a) citizens, legal persons or other organizations against safety supervisory authorities exercise laws and administrative regulations of the discretion of specific administrative acts may apply for administrative reconsideration, (ii) or executive compensation executive compensation disputes between the parties. The parties reached an agreement through mediation, work safety administrative body for reconsideration shall make a written administrative reconsideration, mediation. A conciliation statement shall set forth the administrative reconsideration request, facts, reason and result of the conciliation, and affix the safety seal of the administrative body for reconsideration.
    Administrative review mediation agreement signed by the two parties, which have the force of law.
    Mediation no agreement or which go back prior to the commencement of mediation, work safety administrative reconsideration shall make a timely administrative review decision.
    35th safety administrative reconsideration body should conduct a review of specific administrative act of the respondent comments, production head of administrative reconsideration organs through collective discussion or consent, law on administrative reconsideration decision.
    Article 36th on the respondent was ordered to renew a specific administrative act should be in laws and administrative regulations, new specific administrative act is made within the time limit prescribed by the regulations; not prescribed by the laws, administrative rules and regulations and conduct a new specific administrative act for a period of 60 days. The applicant may, on the same facts and grounds and the original specific administrative act the same or essentially the same specific administrative act.
    But due to violation of legal procedure was ordered to renew a specific administrative act otherwise.
    37th the applicant in applying for administrative reconsideration request administrative compensation together, work safety administrative reconsideration organs to comply with the relevant provisions of the law on State compensation shall be compensated, in deciding to revoke or alter a specific administrative act or confirm when the specific administrative act illegal, should be decided by the applicant shall be subject to compensation.
    In applying for administrative reconsideration, the applicant did not submit requests for administrative compensation, work safety administrative reconsideration law decided to withdraw or change the original specific administrative act determine fines and the seizure of the equipment, facilities, equipment, when coercive measures such as seizure, should return orders the respondent to both fines and lifting of seizure, attachment of the equipment, facilities, equipment and other coercive measures.
    38th safety administrative reconsideration organs in the context of requests for administrative review of the applicant shall not be more unfavourable to the applicant's administrative reconsideration decision is made.
    Fifth chapter supplementary articles article 39th safety administrative reconsideration organs and their staff and the applicant violates the present provisions in the work safety administrative review, in accordance with the administrative review provisions of the Act and its implementing regulations, shall be investigated for legal responsibility.
    Calculated during the 40th of administrative reconsideration and administrative reconsideration service of instruments, in accordance with the provisions of the code of civil procedure, service during implementation.
    The provisions on administrative reconsideration period on "3rd" "5th", "7th" requirement refers to working days, excluding holidays.
    41st safety administrative reconsideration cases completed, cases the contractor shall archive the case filing, in the 10th.
    Next level of administrative reconsideration organs of production safety should be made in the administrative reconsideration decision within 15th of administrative reconsideration decision magazine safety administrative review bodies at a higher level for the record.
    42nd security regulatory authority for administrative reconsideration of administrative reconsideration cases, using uniform State administration of production safety supervision and management style of the instrument.
    Coal mine safety supervision authorities for administrative reconsideration of administrative review cases, instrument style established by the State administration of coal mine safety supervision Bureau. 43rd article of the regulations come into force on November 1, 2007.
                                                                                                              The interim measures for the administrative review of the safety of the State economic and Trade Commission announced on February 18, 2003, and the former State administration of work safety (State administration of coal mine safety supervision Bureau) released on June 20, 2003, the coal mine safety supervision of administrative review provisions repealed simultaneously.