Interim Provisions On The Shaanxi Provincial Coal Mine Safety Administration Responsibility

Original Language Title: 陕西省煤矿生产安全行政责任追究暂行规定

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(November 17, 2007 Shaanxi Provincial people's Government, the 126th promulgated as of January 1, 2008) first in order to implement the safety responsibility, prevent the occurrence of coal mine production safety accidents, according to the People's Republic of China production safety law and other relevant laws and regulations, combined with the facts of the province, these provisions are formulated.
    Article at all levels within the administrative area of the province people's Government, relevant departments in charge, responsible person, appointed by the Government and its administrative departments of the State-owned coal mines, power enterprise directors, persons responsible, responsible for the coal mine production safety accidents need to be given administrative punishments, these provisions shall apply.
    Leaders of the non-State-owned coal enterprises appointed by the Government and the Department of administrative responsibility in accordance with the relevant provisions.
    Third coal mine production Safety Administration responsibility should follow pragmatic, objective and impartial, timely and accurate basis.
    Article people's Governments and relevant departments at all levels, to coal mine safety production work layout, without accountability, supervision and inspection, give notice of criticism; coal mine production safety responsibility accident resulting in serious consequences, according to the circumstances, leaders of the main demerits to expel an administrative sanction of those responsible.
    Article fifth municipal people's Government in the area of the district, 1 2 or more months of illegal coal mines and the lack of effective punitive measures, according to the circumstances, in charge of the leadership and the demerit to expel an administrative sanction of those responsible.
    , Towns under the jurisdiction of the people's Governments at the county level illegal coal mines in the region, County and township people's Government did not take effective counter measures, in accordance with the special provisions of the State Council on the prevention of coal mine production safety accidents.
    Sixth article County above government land resources management sector has following behavior one of of, according to plot weight, give main head, and directly responsibility people demerit to downgraded of administrative sanctions: (a) on no card exploration, and mining and the Super layer transboundary mining no found of; (ii) found no card exploration, and mining behavior not law be stop, and punishment of; (three) found or received Super layer transboundary mining of report or reported not law investigation of.
    Seventh article County above government land resources management sector in documents management in the has following behavior one of of, according to plot weight, give main head, and directly responsibility people demerit to downgraded of administrative sanctions: (a) on holding expired failure mining license mining not law processing of; (ii) found should cancellation or revoked mining license of and not to sent card organ report of; (three) should law cancellation or revoked mining license and not cancellation or revoked of.
    Eighth article County above Government coal industry management sector has following behavior one of of, according to plot weight, give main head, and directly responsibility people demerit to downgraded of administrative sanctions: (a) found no coal production license production both not stop also not to Government and the about sector report of; (ii) on coal mine of Super layer transboundary mining found Hou both not stop also not to land resources management sector informed situation of;
    (Iii) unauthorized extension and hyper-approved ability to produce mine neither stop did not report to the local government; (d) found in technical transformation during illegal exploitation is neither stop nor to the Government and the relevant departments report.
    Nineth coal industry of the people's Governments above the county level management has one of the following, depending on the seriousness of giving directors, direct responsibility for demerit to demotion of administrative sanctions: (a) on a coal production license to expire or failed inspection of coal production licenses to continue production of the coal mines have not been investigated; (b) the coal production license shall be revoked or withdrawn without timely cancellation or revocation.
    Tenth Article business administration sector has following case one of of, according to plot weight, give main head, and directly responsibility people demerit to downgraded of administrative sanctions: (a) on not made license unauthorized production sales of coal mine enterprise not law investigation of; (ii) on license expired or not through annual of coal mine enterprise not law investigation of; (three) should revoked coal mine Enterprise license and not timely revoked of.
    11th article County above Government police sector has following case one of of, according to plot weight, give main head, and directly responsibility people demerit to dismissed of administrative sanctions: (a) not by national about provides approved coal mine Enterprise purchase, and transport, and store, and using civilian explosion items of; (ii) on coal mine Enterprise illegal using civilian explosion items supervision investigation poor of; (three) on coal mine production security accident responsibility people should filed investigation and not filed investigation of.
    12th electricity enterprises law, illegal and closed coal mines according to law, does not remove the power supply facilities of power supply, giving principals, administrative sanctions directly responsible person warnings to downgrade. 13th article State-owned coal mine occurred coal mine production security accident of, responsibility held following: (a) occurred larger accident of, give competent Deputy Manager administrative downgraded disposition, Manager administrative remember than disposition, give superior coal industry company main led and is in charge of led administrative warning or administrative demerit disposition; (ii) occurred major accident of, give competent Deputy Manager administrative dismissed disposition, Manager administrative downgraded disposition, give superior coal industry company main led and is in charge of led demerit or remember than disposition; plot serious of, give competent Deputy Manager
    , Manager Administration dismissed or expelled, giving superior coal companies leading administrative demerit and demoted and in charge of the leadership, Group Deputy General Manager, General Manager in charge of administrative warning or an administrative demerit; (c) particularly serious accidents occurred, according to the relevant State provisions.
    14th in coal mine production safety accident crime, transferred to the judicial authorities to investigate and punish.
    15th administrative sanctions provided for in this article, and monitored by the administrative organ or authority to appoint and remove permissions according to the personnel management implementation.
    Party disciplinary sanction is dissatisfied with a decision, you can appeal in accordance with law.
                                                                                                                    16th article of the regulations come into effect January 1, 2008.

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