Major Administrative Punishment Decision, Zibo City, Filing Methods

Original Language Title: 淄博市重大行政处罚决定备案办法

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(December 22, 2005 55th in Zibo city people's Government promulgated as of February 1, 2006) first in order to strengthen the supervision of the administrative penalty, maintaining the lawful rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China on administrative punishment law, combined with the city's actual, these measures are formulated.
    Second major within the administrative area of the city record of decision of administrative penalty procedures apply.
    Third major administrative penalty mentioned in these measures refers to the implementation of administrative punishments in accordance with provisions of laws and regulations, rules, administrative relative person of the following administrative penalties: (a) in order to suspend production, (ii) revocation of permit or license and (iii) more than 20000 RMB fine.
    Fourth city and county governments, high-tech zone management committee Department of Legal Affairs (hereinafter referred to as filing authority) on behalf of the people's Government is responsible for major administrative punishment decision record.
    Record organs responsible for the implementation of municipal administrative punishment and the county people's Governments and major administrative punishment record for high-tech zone management committee, districts, high-tech zone filing authority responsible for districts implementing major administrative punishment decision of administrative penalty for the record. Fifth administrative penalty implementation of major organs should be made in the decision on administrative penalty within 60 days from the date of filing the record for submission to the major administrative punishment decision filed reports and the written decision of administrative penalty, great table the decision on administrative penalty and other archival materials.
    Record format developed by the filing authority, unity of the instrument.
    Administrative relative person of the major administrative punishment decision may apply for administrative reconsideration or bring an administrative action, the implementation of administrative punishments should be administrative reconsideration or administrative litigation filing authority record 15th days of the end.
    Major administrative punishment decision made jointly by two or more administrative authorities, by the host authorities are responsible for the record.
    Article sixth filing authority upon receipt of the filing, the following should be reviewed: (a) legality of the administrative penalty, (ii) applicable laws, regulations and rules is correct; (c) the facts are clear, the evidence is conclusive; (d) the legality of administrative penalty procedures; (e) the administrative penalty is appropriate. VII article has following case one of of, belongs to administrative punishment improper: (a) administrative violations and plot and party by of administrative punishment compared, orthodontic light or orthodontic heavy of; (ii) in same case in the, different party of administrative violations and plot same, but by of administrative punishment different of; (three) according to same legal, and regulations, and regulations of provides handle of different case in the, party of administrative violations and plot same, but by of administrative punishment different of; (four) administrative punishment not meet legal, and
    Rules and regulations the legislative intent.
    Article eighth filing authority needs access to the implementation of administrative punishments in the record relating to the major administrative punishment cases and materials shall be made to the implementation of administrative penalty authority fill the major administrative punishment notice of file access. Implementation authorities shall on the date of receipt of the notice of administrative penalty within 3rd, file or material filing authority.
    Comments from relevant departments or filing authority considers necessary to assist in the review, the departments concerned should be dealt with.
    Nineth filing authority found major administrative punishment decision unlawful or inappropriate, and not in accordance with the regulations for the record, misjudged Shandong Province shall, in accordance with the administrative law enforcement accountability measures, Zibo and the measures for Administration of law enforcement such as the provisions relating to liability for processing.
                                              Tenth article of the rules take effect on February 1, 2006.