The China Meteorological Administration On Amending The Decision Meteorological Administrative Penalties

Original Language Title: 中国气象局关于修改《气象行政处罚办法》的决定

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The China Meteorological Administration on amending the decision meteorological administrative penalties

    (Released on April 4, 2009, the China Meteorological Administration, the 19th since as of May 1, 2009) China Meteorological Administration decided on the meteorological administrative penalties as follows: A, fourth one paragraph is added as the first paragraph: "the competent Meteorological Department under the State Council is responsible for the direction, supervision and management of the National Meteorological Administration punishment. "The addition of a paragraph, as the second paragraph:" local meteorological departments at various levels on upper-level meteorological departments and under the leadership of the people's Governments at the corresponding level, direction, supervision and management of meteorological administrative punishments within their respective administrative areas.

    ” Third paragraph as follows: "(City)-level meteorological departments in charge of Legal Affairs of the Agency (hereinafter referred to as the meteorological rule of law institutions) for meteorological administrative punishments within their respective administrative areas implementation of centralized management.

    ” Second, the 11th article is revised as follows: "to foreign organizations or individuals in the People's Republic of China area and other sea areas under the jurisdiction alone or with People's Republic of China Meteorological activities of relevant organizations and individuals cooperation of administrative punishment of an offence, the offence is located (City)-level meteorological authorities have jurisdiction.

    ”

    Three, delete article 15th. Four, 17th to 16th, the second paragraph is amended as: "meteorological administrative law enforcement of the decision on administrative penalty made on the spot, must decide within 3rd day of meteorological departments belong for the record.

    ” Five, 22nd to 21st, the first paragraph is amended as: "the Meteorological Authority found in the inspection or receiving report weather violations, complaints or removal of meteorological law, should be reviewed and within 7 days to decide whether a case. In the course of on-site inspections, suspected offences, evidence can be collected.

    ”

    Six, 29th to 28th, the fourth amendment: "laws, regulations and rules shall be implemented by the relevant departments of the people's Governments above the county level and punished, shall refer the case to the relevant Department;"

    Seven, add one, as the 29th: "meteorological departments before making the decision on administrative penalty shall fill out a notice of administrative penalty, make administrative punishment shall inform the parties in writing of facts, reasons, basis as well as the Parties shall enjoy the rights. Parties from the date of receipt of the notice of administrative penalty on 3rd may submit written statements and the defence. Fails proposed, meteorological departments can make meteorological administrative punishment decision.

    ”

    Eight, 31st the fifth amendment: "administrative punishment decision, may apply for administrative reconsideration or bring an administrative suit the ways and terms;" Nine, 32nd is amended as: "meteorological administrative punishment case from the date of filing, it shall make a decision within 6 months. Special circumstances an extension of time should be reported to superior weather approval by the competent authority and shall inform the parties to the case.

    ” Ten, 33rd, one paragraph is added as the fifth paragraph: "the addressee is unknown, or otherwise undeliverable, service by public announcement. From the date of announcement, after 60 days, the service shall be considered. Service by publication, and should indicate the reasons and in the file.

    ” Plenary, 35th second paragraph is amended as: "the parties to request a hearing, meteorological departments should organize the hearing, the parties do not bear the cost of meteorological departments organized a hearing.

    ” 12, 38th, one paragraph is added as the third paragraph: "the meteorological departments of the parties fails to perform the administrative punishment decision may apply to a people's Court for compulsory execution.

    ”

    13, delete article 41st. 14, 43rd to 42nd, the second paragraph is amended as: "meteorological departments subordinate to the penalty assigned to handle cases, the application of the penalty hearing cases or penalties may apply for administrative reconsideration or bring an administrative suit case, shall make a decision of administrative penalty or administrative review, administrative litigation in the 30th after closing to the superior the competent meteorological records.

    ”

    Article XV, delete the 48th. Article 16, 49th to 47th, is revised as follows: "meteorological administrative punishment law enforcement instruments enacted by the competent Meteorological Department under the State Council unified. Local legislative affairs departments have special requirements for document format of administrative punishment, in accordance with its requirements.

    ”

    17, delete the 51st section.

    In addition, the order, and part of the text of the provision accordingly and modify.

    This decision shall take effect on May 1, 2009.

    

    The meteorological administrative penalties, corresponding amendments shall be made according to this decision, republished.

    Attachment: meteorological administrative penalties (2009 revision)

    Chapter I General provisions

    First in order to regulate meteorological administrative penalty practices, meteorological departments to effectively implement safeguards and supervision administration, maintenance of meteorological work order, protect the legitimate rights and interests of citizens, legal persons or other organizations, in accordance with the People's Republic of China Law on administrative punishment and the People's Republic of China law, relevant provisions of laws and regulations, these measures are formulated.

    Article weather the establishment and implementation of the administrative penalty shall apply these measures.

    Third meteorological departments at various levels to implement the meteorological administrative punishments shall be according to the laws, rules and regulations, and in accordance with legal procedures.

    Meteorological departments at various levels shall strengthen the meteorological administrative law enforcement personnel management and training in order to improve the level of meteorological administrative law enforcement.

    The fourth article the competent Meteorological Department under the State Council is responsible for guiding, supervising and managing the nation's meteorological administrative punishments.

    Local meteorological departments at various levels on upper-level meteorological departments and under the leadership of the people's Governments at the corresponding level, direction, supervision and management of meteorological administrative punishments within their respective administrative areas.

    (City)-level meteorological departments in charge of Legal Affairs of the Agency (hereinafter referred to as the meteorological rule of law institutions) for meteorological administrative punishments within their respective administrative areas implementation of centralized management.

    Article fifth meteorological administrative punishments must follow the principles of fairness, openness, adhere to combination of punishment and education.

    Sixth meteorological departments at various levels of weather after the violation is verified, shall order the parties concerned to stop the illegal practice, correct, ordered to make restitution or to take other remedial measures, such as compulsory administrative measures, and shall be subject to administrative penalties.

    Article seventh party with a weather violation shall not be given more than two penalties administrative penalties.

    Meteorological authorities fined and decided to fine and fines separation system.

    Eighth meteorological departments in weather when the sanctions violations, shall, within the scope of statutory penalties for the types and range, considered the following scenario:

    (A) the degree of fault of the parties;

    (B) against the consequences of violations;

    (C) the attitude of the parties to correct violations and corrective measures taken;

    (D) the plot according to law should be taken into account.

    Chapter II subject of the administrative penalty and jurisdiction

    The Nineth meteorological departments at various levels in the implementation of meteorological administrative penalties within the statutory terms of reference. Tenth meteorological departments when necessary, can be commissioned in accordance with its statutory mandate in conformity with the People's Republic of China on administrative penalty law of 18th, 19th, organizing the implementation of meteorological conditions under article administrative penalties.

    Entrusted with the organization within the terms of reference, on behalf of the meteorological departments to delegate its punishment of administrative penalties.

    Principal meteorological departments responsible for supervision entrusted with the implementation of administrative punishments, and liable for the consequences of the Act.

    11th levels of jurisdiction of the competent meteorological meteorological administrative punishment cases within their respective administrative areas. Meteorological administrative punishment generally consists of meteorological departments of the jurisdiction where the violations occurred.

    The following meteorological administrative punishment cases, governed by the competent Meteorological Department under this article:

    (A) violations of the provisions of the law, engaged in atmospheric environmental impact assessment of construction projects when the atmospheric environmental impact assessment, meteorological departments using meteorological data is not provided or without its review of administrative penalties, jurisdiction of the meteorological departments of the construction project is located;

    (B) for foreign organizations or individuals in the People's Republic of China area and other sea areas under the jurisdiction alone or with People's Republic of China Meteorological activities of relevant organizations and individuals cooperation of administrative punishment of an offence, the offence is located (City)-level meteorological authorities have jurisdiction.

    12th two more meteorological authorities have jurisdiction over the administrative punishment cases, governed by the meteorological departments of the Office-bearers of the first.

    13th meteorological administrative punishment cases of jurisdictional disputes, common to the parties to the dispute shall be submitted to the competent Meteorological Department at a higher level for designation of jurisdiction.

    Meteorological departments at lower levels sanctions for administrative punishment cases within its jurisdiction have difficulties, meteorological departments reported to the parent to exercise jurisdiction.

    Article 14th out of jurisdiction, or laws, regulations, cases not belonging to the competent meteorological departments should refer the case to the unit or Department that has jurisdiction, and fill out the case to be transferred pursuant to the provisions of books.

    Chapter III procedures for administrative punishments

    Section summary

    15th meteorological authorities to the illegal facts are clear, minor and has a statutory basis, below 50 for citizens, legal persons or other organizations impose administrative penalties fines less than 1000 Yuan or given a warning, would be able to weather the decision on administrative penalty.

    16th when meteorological administrative penalty decisions were made on the spot, meteorological administrative law enforcement personnel shall be not less than two, shall comply with the following procedure:

    (A) meteorological administrative law enforcement personnel shall present to the parties the administrative law enforcement documents;

    (B) to identify parties illegal facts and making an on-site inspection or investigative records;

    (C) indicate to the parties in violation of fact, meteorological reasons and basis of administrative penalties, and shall inform the Parties shall enjoy the rights;

    (D) hearing the statements of the parties and to plead, on the establishment of the facts, reasons and evidence submitted by the parties, should be adopted;

    (E) meteorological administrative law enforcement personnel at the time of field punishment, must be uniform and predetermined format, the series has a number of on-site decision, set out offences and administrative penalties according to the parties, the amount of the fine, time, location and name of the meteorological departments and meteorological administrative law enforcement personnel after being signed or sealed and handed over to the parties on the spot;

    (F) inform the party refuses to accept the decision on administrative penalty made on the spot, may apply for administrative reconsideration or bring an administrative suit.

    Meteorological administrative law enforcement of the decision on administrative penalty made on the spot, must decide within 3rd day of meteorological departments belong for the record.

    17th meteorological administrative law enforcement personnel to make the decision on administrative penalty, any of the following circumstances, you can collect fines on the spot:

    (A) shall be subject to penalty of 20 Yuan;

    (B) is not collected on the spot after the enforcement difficulties;

    (C) in the remote, water and transportation areas, meteorological administrative law enforcement personnel in accordance with these measures made the decision, the parties submitted to the banks will pay the fines is difficult to pay the fine on the spot. 18th meteorological administrative law enforcement personnel collected on the spot fines must be issued to the party concerned provinces, autonomous regions and municipalities directly under the unified financial sector issued receipts and fine from the date of collection in the 2nd, meteorological departments pay levels.

    Meteorological departments should be in 2nd, fines paid to the specified bank.

    The 19th case of field punishment is completed, should collect files, archiving, and submitted to the competent meteorological record belongs to.

    Section II general procedure

    20th inter alia article 15th may apply summary procedure prescribed administrative penalty made on the spot decisions, meteorological departments to implement other administrative punishment shall comply with the general procedures as provided herein. 21st meteorological departments found in the inspection or receiving report weather violations, complaints or removal of meteorological law, should review and decide whether to file in the 7th.

    In the course of on-site inspections, suspected offences, evidence can be collected.

    Need to file cases, employees should complete meteorological administrative law enforcement filed form and approved by the head of the meteorological authorities filed. 22nd competent Meteorological Office meteorological law, you must designate a person responsible for timely investigation and evidence collection.

    When the investigation, law enforcement officials shall not be less than two.

    Meteorological administrative law enforcement personnel and has a direct interest of the parties, should be avoided. 23rd when meteorological administrative law enforcement investigation, and shall produce to the party or person concerned administrative law enforcement certificates.

    Inquiry or investigation shall make a written record.

    Employees when conducting inquiries, shall allow the party to justify the statement and the particulars of the investigative records, after they have been agreed, signed or delay printing.

    24th meteorological administrative law enforcement personnel in the investigation process, the right of access to the site for investigation and evidence, inspect or copy records and other relevant data. Meteorological administrative law enforcement officers to collect evidence, can take a sampling of evidence approach.

    In the case of evidence may be destroyed or lost or difficult to obtain later, approved by the heads of meteorological departments and antecedent register, fill out the registration and preservation (storage), and make a decision in a timely manner in the 7th.

    Meteorological administrative law enforcement personnel shall be investigative units or individuals to keep technical secrets, business secrets and commercial secrets. 25th scene investigation checks by law enforcement officers, statutory inspection (verification) agency personnel can also invite the technical staff to participate in.

    Law enforcement officials should notify the party scene, without any justified reason, refuses to be present, employees recorded in the record, does not affect the inspection check.

    Inspection check the record credited to site inspection and examination of the circumstances, the Parties shall sign or delay printing. After the end of the 26th investigation, cases of contractor personnel shall, after hearing the statement of the parties ' representations and make a written record of, facts of violations have been identified and proposed evidence and the preliminary observations shall be given administrative punishment, sent the meteorological rule of institutional review.

    No meteorological rule of law institutions, reviewed by the meteorological departments in charge.

    27th meteorological legal agencies or heads of meteorological departments will be expected to case review of the following:

    (A) the illegal facts are clear;

    (B) whether the evidence is conclusive;

    (C) investigation and evidence compliance with the prescribed procedures;

    (D) application of the law is correct;

    (E) the kind and whether appropriate punishment;

    (F) whether the parties ' statements and the defence of the establishment.

    Upon review found the illegal facts are not clear and the evidence or insufficient evidence when it is not in line with legal procedures, it shall notify the employees the supplementary investigation or re-investigation according to law.

    End 28th review, weather or meteorological departments responsible legal bodies shall, depending on the situation, put forward the following opinions:

    (A) the illegal facts cannot be established, the case shall be dismissed;

    (B) of a minor offence may be exempted from administrative penalty;

    (C) illegal facts are established, decided to impose administrative penalties;

    (D) the laws, rules and regulations shall be implemented by the relevant departments of the people's Governments above the county level and punished, shall refer the case to the relevant Department;

    (E) meteorological an unlawful act constitutes a crime, cases should be transferred to judicial organs for handling.

    29th meteorological departments before making the decision on administrative penalty shall fill out a notice of administrative penalty, make administrative punishment shall inform the parties in writing of facts, reasons, basis as well as the Parties shall enjoy the rights. Parties from the date of receipt of the notice of administrative penalty on 3rd may submit written statements and the defence.

    Fails proposed, meteorological departments can make meteorological administrative punishment decision.

    Article 30th decision meteorological administrative punishment cases, the contractor is responsible for making meteorological written decision of administrative penalty, and approval of the head of the meteorological departments served on the parties involved.

    31st meteorological administrative decision and shall set forth the legal provisions of the following:

    (A) the name (name), address (address);

    (B) the illegal facts and evidence;

    (C) the basis and content of administrative penalties;

    (D) the method and duration of administrative penalties;

    (E) administrative penalty decision, may apply for administrative reconsideration or bring an administrative suit the ways and terms;

    (F) with the competent meteorological seal, and specifying the date of production. 32nd meteorological administrative punishment case from the date of filing, it shall make a decision within 6 months.

    Special circumstances an extension of time should be reported to superior weather approval by the competent authority and shall inform the parties to the case.

    Article 33rd meteorological authority decision of administrative penalty shall, from the date of making the decision in the 7th, the Meteorological Service of the decision on administrative penalty party, and if you want to copy with the case of the unit. The addressee shall be written on the delivery receipt, the date of receipt, and signature or seal.

    Addressee in receipt date on the delivery receipt is the date of service. The addressee refused to sign, the person concerned shall be invited organizations or where the recipient of the service personnel arrived at the scene to witness, to explain the situation, and reject reason and date written on the delivery receipt, signed or sealed by the service, witnesses, indwelling person at the penalty decision, the service shall be considered.

    The addressee is not, by their work units or adult members of their families on whose behalf to sign for the leadership.

    Mailing by registered return receipt as indicated on the date of service. The addressee is unknown, or otherwise undeliverable, service by public announcement. From the date of announcement, after 60 days, the service shall be considered.

    Service by publication, and should indicate the reasons and in the file.

    Section III hearing procedures

    34th according to meteorological law, rules and regulations to revoke the licence (certificate, certificate of qualification) or larger fines and other major administrative punishment decision, the provisions of this section shall apply to the hearing procedures.

    35th meteorological authorities for the application of administrative punishment hearing procedure cases before making a decision of administrative penalty, shall notify the party concerned has the right to request a hearing.

    The parties to request a hearing, meteorological departments should organize the hearing, the parties do not bear the cost of meteorological departments organized a hearing.

    36th hearing in accordance with the following program organization:

    (A) the Parties applying for a hearing, the meteorological departments should be informed within 3rd;

    (B) the meteorological departments should be in a hearing before the 7th, notify the parties concerned of the time and place of the hearing;

    (C) in addition to involve State secrets, business secrets or personal privacy, hearings conducted in public;

    (D) the hearing officer by the meteorological rule of non-investigation of the case officer, no meteorological rule of law institutions, meteorological departments from specified non-investigation officer of the case;

    (E) the person hearing the parties, may appoint 1 or 2 agents to participate in the hearing;

    (F) parties host and has a direct interest in the case, entitled to apply for the withdrawal, the facilitator reported to the head of the meteorological departments to decide whether to accept;

    (G) hearing the parties concerned, investigators, witnesses and the case has a direct stake in the outcome of the third party;

    (H) holding hearings, investigators made the party illegal facts, evidence, recommendations, as well as administrative penalties and punishment;

    (I) the statements on the facts of the case and the parties ' representations, on the evidence, the evidence investigators presented evidence;

    (J) in the course of the hearing, the presiding hearer may put questions to investigators, parties, witnesses, or the third, the person concerned shall answer truthfully;

    (11) a hearing must make a record of hearing, after the record shall be verified as correct by the parties, signed by a party, or bet on India. 37th after the end of the hearing, the presiding hearer shall promptly heads of meteorological departments to report hearing.

    Meteorological departments should be made according to the provisions of the present article 28th decision.

    The fourth chapter the implementation of administrative punishments

    Article 38th weather after the decision on administrative penalty according to law, the Parties shall in the penalty decision within the time limit, perform the penalty decision.

    Apply for administrative reconsideration or bring an administrative action, and do not stop execution of the decision on administrative penalty.

    Meteorological departments of the parties fails to perform the administrative punishment decision may apply to a people's Court for compulsory execution.

    39th the Parties shall from the date of receiving meteorological written decision of administrative penalty in the 15th and pay the fine to the specified bank.

    Parties is due not to pay the fine, meteorological departments made the decision according to the amount of the fine of 3% to add a fine on the parties.

    Plus fines on objection by the parties, should pay your overdue fines and additional penalties and then apply for administrative review. 40th confiscated all turned over to the State Treasury in accordance with two lines of income and expenditure.

    Meteorological departments or individuals shall not in any way retain, distribute or disguised privately.

    Specific management of confiscated money, in accordance with the regulations of the financial departments of the provinces, autonomous regions and municipalities directly under the.

    41st case of administrative penalty cases should be a document hosted by case officers will be filing related materials.

    42nd meteorological departments at various levels should set up meteorological system of administrative penalties.

    Meteorological departments subordinate to the penalty assigned to handle cases, the application of the penalty hearing cases or penalties may apply for administrative reconsideration or bring an administrative suit case, shall make a decision of administrative penalty or administrative review, administrative litigation in the 30th after closing to the superior the competent meteorological records.

    43rd meteorological authorities agreed to accept complaints and prosecution of the parties, or through the ways of recording review, see subordinate meteorological departments of the administrative punishment law or obviously unfair, can be ordered to correct.

    44th meteorological departments through administrative review, see subordinate meteorological departments of the administrative punishment law or obviously unfair, may be revoked or changed.

    45th meteorological departments at all levels should establish statistics system of administrative punishment cases, and meteorological departments reported to the supervisor on a regular basis the administrative situation of administrative punishment.

    The fifth chapter supplementary articles

    46th, 34th herein referred to "larger fines" refers to the citizens fined 5000 Yuan (not including 5000) penalty, against a legal person or other organization fined 30,000 yuan (not including 30,000 yuan) penalty.

    All provinces, autonomous regions and municipalities through local legislation or local rules on "large amount of fine" limits otherwise provided for, may not be restricted by the amount indicated above. 47th meteorological administrative punishment law enforcement instruments enacted by the competent Meteorological Department under the State Council unified.

    Local legislative affairs departments have special requirements for document format of administrative punishment, in accordance with its requirements.

    48th matters not provided for herein, in accordance with the People's Republic of China implementation of the relevant provisions of the law on administrative punishments. 49th purposes herein from the date of publication.

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