Interim Measures For The Administrative Review Of Safety Production

Original Language Title: 安全生产行政复议暂行办法

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(Released February 18, 2003 State economic and Trade Commission, the 49th) Chapter I General provisions article in order to standardize work safety administrative review, prevention and correction of illegal or improper administrative action, protect the legitimate rights and interests of citizens, legal persons or other organizations, safeguard and supervision of production safety supervision and management departments shall exercise their powers under the People's Republic of China Law on administrative reconsideration and the People's Republic of China Law on production safety, these measures are formulated.
    A citizen, legal person or other organization considers work safety supervision and management departments of violations of their legitimate rights and interests of a specific administrative act, work safety supervision and management departments for administrative reconsideration, work safety supervision and management departments to accept an application for administrative reconsideration, administrative reconsideration decision, these measures shall apply.
    Otherwise provided by the coal mine safety supervision on administrative reconsideration, application of its provisions.
    Article III shall perform the duties of administrative reconsideration of work safety supervision and management departments is a product of administrative reconsideration organs. Safety legal working body is the body of administrative reconsideration organs of administrative reconsideration.
    Administrative reconsideration institutions is responsible for handle administrative reconsideration case of about specific matters, perform following duties: (a) accepted administrative reconsideration application; (ii) to about organization and personnel survey forensics, and check out file and information; (three) review application administrative reconsideration of specific administrative behavior whether legal and appropriate, developed administrative reconsideration decided; (four) processing or transferred this approach seventh article by column about provides of review application;
    (Five) on this sector or subordinate safety supervision management sector violation this approach provides of behavior in accordance with provides of permission and program proposed processing recommends; (six) handle for refuses to administrative reconsideration decided filed administrative litigation of sued matters; (seven) analysis research safety administrative reconsideration work in the found of problem, proposed improved work of views and recommends; (eight) legal, and regulations provides of other duties.
    Article fourth work safety administrative reconsideration shall follow the principles of lawfulness, fair, open, timely, convenient, and any mistake shall be corrected to ensure correct implementation of laws and regulations.
    Citizens, legal persons or other organizations against the review decision, and may, in accordance with the People's Republic of China administrative litigation law of the people's Court to file an administrative lawsuit in accordance with, but except for the law of administrative reconsideration decision is final.
    Fifth safety administrative reconsideration organs in the adjudication of cases in violation of the law of administrative reconsideration, leading chiefs and persons shall bear administrative liability.
    Second chapter administrative reconsideration range and jurisdiction sixth article has following case one of of, citizens, and corporate or other organization can in accordance with this approach application administrative reconsideration: (a) on safety supervision management sector made of administrative punishment decided refuses to of; (ii) on safety supervision management sector made of seized, and seized of administrative forced measures decided refuses to of; (three) on safety supervision management sector made of about license, and qualification card, and qualification card, certificate change, and suspended, and revoked of decided refuses to of;
    (Four) think safety supervision management sector violations its legal of business autonomy of; (five) think safety supervision management sector illegal charges or illegal requirements perform other obligations of; (six) think meet statutory conditions, to safety supervision management sector application issued license, and qualification card, and qualification card, certificate, or application approval, and registration about matters, safety supervision management sector no law handle of;
    (VII) that work safety supervision and management departments of other violations of the legitimate rights and interests of a specific administrative act.
    VII article citizens, and corporate or other organization think safety supervision management sector of specific administrative behavior by according to of following provides not legal, in on specific administrative behavior application administrative reconsideration Shi, can together to safety administrative reconsideration organ proposed on the provides of review application: (a) State sector of provides; (ii) County above place levels Government and work sector of provides; (three) Xiang, and town Government of provides. Not included in the provisions of the preceding paragraph to the State Council ministries and commissions under rules and regulations of the local people.
    Review of regulations in accordance with provisions of laws and administrative regulations implemented.
    Chapter VIII of the reconsideration application and acceptance of citizens, legal persons or other organizations that work safety supervision and management departments of violations of their legitimate rights and interests of a specific administrative act, can know the specific administrative act brought within 60 days from the date an application for administrative reconsideration; but the deadlines prescribed by law except for more than 60 days.
    Delayed application deadline due to force majeure or other just cause, barriers continue to run from the date of the application period.
    Article the applicant may apply for administrative reconsideration, written or oral application; oral application, the administrative body for reconsideration shall record the applicant's basic conditions apply for administrative reconsideration, administrative reconsideration request, key facts, reason and time of, and signed by the applicant.
    Article tenth of production safety supervision and management departments at or above the county level by specific administrative acts, may apply to the people's Government at the administrative review, or up one level of work safety supervision and management departments may apply for administrative reconsideration.
    Has filed an application for administrative reconsideration of the people's Governments at the same level, level on safety supervision and management departments no longer accepts the application for administrative review.
    11th work safety supervision and management departments of the institutions, according to laws and regulations mandate specific administrative acts, to its head of production safety supervision and management departments may apply for administrative reconsideration.
    12th work safety supervision and management departments to delegate agencies, the work safety supervision and management departments to delegate specific administrative acts on behalf of the can on the safety supervision and management departments to delegate-level work safety supervision and management departments may apply for administrative reconsideration, you can also apply to the commissioned work safety supervision and management departments of people's Governments at the administrative review.
    13th work safety supervision and management departments and relevant sector specific administrative acts, may apply to their common administrative organ at a higher level of administrative review. 14th on the State production safety supervision and management departments of specific administrative acts made to the specific administrative act of the State production safety supervision and management departments may apply for administrative reconsideration.
    The administrative review decision, may initiate litigation to the people's Court also may apply to the State Council for final decision.
    15th article safety administrative reconsideration organ received administrative reconsideration application Hou, should in 5th within for review, on meet this approach provides of administrative reconsideration application, decided be accepted; on not meet this approach provides of administrative reconsideration application, decided not accepted, and written told applicants; on meet this approach provides, but not belongs to this organ accepted of administrative reconsideration application, should told applicants to about administrative reconsideration organ proposed.
    16th the citizens, legal persons or other organizations shall apply for administrative reconsideration, administrative reconsideration organs inadmissible without good reason of production safety, work safety administrative reconsideration organs at higher levels shall be ordered to accept, if necessary, safety of administrative reconsideration organs at higher levels can also be accepted.
    17th may apply for administrative reconsideration of a citizen, legal person or any other organization, safety of administrative reconsideration organs has been accepted, in the people's Court within the statutory period of administrative reconsideration shall not bring an administrative suit.
    Citizens, legal persons or other organizations filed a suit before the administrative litigation, has been accepted by the peoples Court shall apply for administrative reconsideration.
    Fourth administrative review review article 18th written review of the approach to the safety principle of administrative reconsideration, but applicants requesting or safety administrative reconsideration bodies may consider necessary, to interested organizations and individuals to investigate the situation, listen to the views of the applicant and the respondent and the third party, and making administrative review the investigative records.
    Article 19th work safety administrative reconsideration 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.
    Is administrative review by the applicant shall receive a copy of the application or from the date of application copies of transcripts of administrative review in the 10th, and written responses to the work safety administrative reconsideration organs, and had to make a specific administrative act evidence, evidence and other relevant material.
    The applicant or the third party may have access to the respondent's written responses, evidence, based on the specific administrative act, and other related materials, in addition to involving State secrets, business secrets or personal privacy, safety administrative body for reconsideration shall not refuse.
    Article 20th in safe production in the administrative review process, the respondent shall not themselves collect evidence from the applicant and any other relevant organizations or individuals. 21st administrative reconsideration decision is made, the applicants to withdraw an application for administrative reconsideration, justified by the administrative reconsideration organ after the record, may be withdrawn.
    Applicant withdraws the application for administrative reconsideration, shall submit a written withdrawal of administrative reconsideration application or withdrawal of an application for administrative reconsideration record signing. Withdrawal of an application for administrative reconsideration, administrative review terminated.
    Administrative reconsideration of work safety administrative body for reconsideration shall be termination of the written notice to the applicant, the respondent and the third person. 22nd the applicant at the time of applying for administrative reconsideration, present a review of the relevant provisions listed in this article seventh application, the safety provisions of the administrative reconsideration organ empowered to deal, should be dealt with according to law on 30th; the right to treatment, should be dealt with in accordance with legal procedure in the 7th transferred the right to executive authorities according to law.
    During processing, suspended the review of specific administrative acts. 23rd safety administrative reconsideration of the respondent when making a review of the specific administrative act, which according to the illegal, the authorities competent to deal with, should be dealt with according to law on 30th; the right to treatment, should be dealt with in accordance with legal procedure in the 7th transferred the right to state law. During processing, suspended the review of specific administrative acts.

    24th article safety administrative reconsideration institutions should on was applicants made of specific administrative behavior for review, proposed views, by safety administrative reconsideration organ of head agreed or collective discussion through Hou, according to following provides made administrative reconsideration decided: (a) specific administrative behavior finds facts clear, evidence, applies according to right, program legal, content appropriate of, decided maintained; (ii) was applicants not perform statutory duties of, decided its in must term within perform;
    (Three) specific administrative behavior has following case one of of, decided revoked, and change or confirmed the specific administrative behavior illegal; decided revoked or confirmed the specific administrative behavior illegal of, can ordered was applicants in must term within again made specific administrative behavior: 1. main facts not clear, and evidence insufficient of; 2. applies according to errors of; 3. violation statutory program of; 4. beyond or abuse of; 5. specific administrative behavior obviously improper of.
    (D) the applicant is not in accordance with the provisions of the second paragraph of this article 20th written reply, submitted the original specific administrative act evidence, evidence and other relevant material, considered the specific administrative act, there is no evidence, based on, decided to revoke the administrative act.
    Work safety administrative reconsideration orders the respondent conducted a specific administrative act, the respondent may, on the same facts and grounds and the original specific administrative act the same or essentially the same specific administrative act. 25th production safety administrative body for reconsideration shall, within 60 days from the date of acceptance of the application of administrative reconsideration decision; but the law of administrative reconsideration is limited except for less than 60 days.
    Situation is complex, cannot make a reconsideration decision within the prescribed period, approved by the work safety head of administrative reconsideration organs, may be appropriately extended, and inform the applicant and the respondent but extend the deadline up to 30th.
    Administrative body for reconsideration shall make a written administrative reconsideration decision, and affix the safety seal of the administrative body for reconsideration.
    Safety Administration once the written reconsideration decision is served, shall come into legal effect.
    26th the respondent shall perform the work safety administrative reconsideration decision.
    The respondent does not perform or unwarranted delay in the fulfilment of administrative reconsideration decision of the safety, occupational safety fulfil the administrative reconsideration organ shall order the period.
    27th article application people late not prosecution and not perform safety administrative reconsideration decided of, or not perform eventually ruling of administrative reconsideration decided of, according to following provides respectively processing: (a) maintained specific administrative behavior of administrative reconsideration decided, by made specific administrative behavior of safety supervision management sector law forced implementation, or application Court forced implementation; (ii) change specific administrative behavior of administrative reconsideration decided, by safety administrative reconsideration organ law forced implementation, or application Court forced implementation.
    28th in applying for administrative reconsideration, the applicant can request administrative compensation together, work safety administrative reconsideration organs in accordance with the relevant provisions of the State compensation law 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.
    29th safety administrative reconsideration organ instruments of administrative reconsideration should be based on the provisions of the civil procedure law, direct delivery, mail delivery, the principal delivery and post delivery, and so on. Fifth chapter penalty is 30th article safety administrative reconsideration organ violation this approach provides, no due reason not accepted law proposed of administrative reconsideration application or not by provides transferred administrative reconsideration application of, or in statutory term within not made administrative reconsideration decided of, on directly is responsible for of competent personnel and other directly responsibility personnel law give warning, and demerit, and remember than of administrative sanctions; by ordered accepted still not accepted or not according to provides transferred administrative reconsideration application, caused serious consequences of, law give downgraded, and dismissed, and
    Dismissal of administrative sanctions.
    31st in staff in the administrative reconsideration of work safety administrative review bodies, favoritism or other malfeasance, dereliction, they shall be given administrative sanctions of warning, demerit, demerit; the circumstances are serious, shall be subject to administrative sanctions of demotion, dismissal, discharge constitutes a crime, criminal responsibility shall be investigated according to law.
    32nd article was applicants violation this approach provides, not proposed written replies or not submitted made specific administrative behavior of evidence, and according to and other about material, or block citizens, and corporate or other organization law application administrative reconsideration of, on directly is responsible for of competent personnel and other directly responsibility personnel law give warning, and demerit, and remember than of administrative sanctions; for revenge framed of, law give downgraded, and dismissed, and fired of administrative sanctions; constitute crime of, law held criminal.
    33rd respondent did not fulfil or unwarranted delay in the fulfilment of administrative review decisions, directly in charge of personnel and other persons directly responsible shall be given administrative sanctions of warning, demerit, demerit; ordered to perform still refused to comply, the demotion, dismissal, discharge shall be given administrative sanctions.
    34th production safety bodies to find the justification of administrative reconsideration shall not accept an application for administrative reconsideration, not complying with the prescribed administrative review decisions, engage, retaliating against or by the applicant does not fulfil the administrative review decisions, recommendations to the production safety supervision and management departments should, work safety supervision and management departments should be in accordance with the People's Republic of China administration reconsideration law and provisions of relevant laws and administrative regulations to deal with.
    Sixth chapter supplementary articles article 35th of work safety authority accepts an application for administrative reconsideration of administrative reconsideration shall not charge any fee to the applicant.
    Safety requirements for administrative reconsideration, administrative costs should be included in the organs, be guaranteed by the governmental finance. Administrative reconsideration, administrative reconsideration body should the applicant request examination, testing, certification requirements, first advanced by the applicant.
    Administrative reconsideration of the case, according to the decisions of administrative reconsideration, prepaid expenses shall be borne by the innocent party.
    36th work safety administrative reconsideration decision format by the State production safety supervision and administration departments.
              37th article of the rules take effect on May 1, 2003.

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