Advanced Search

Meteorological Implementation Measures For Administrative Licensing

Original Language Title: 气象行政许可实施办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(On November 24, 2006 China Meteorological Bureau makes 15th, announced since on February 1, 2007 up purposes) first chapter General first article to specification meteorological administrative license behavior, protection citizens, and corporate and other organization of lawful rights and interests of, guarantees and supervision meteorological competent institutions effective implementation administration, according to People's Republic of China administrative license method, and People's Republic of China Meteorological method, and artificial effect weather Management Ordinance, and general aviation flight control Ordinance, about legal, and regulations of provides,
    These measures are formulated.
    Second meteorological administrative licensing in these measures refers to meteorological departments above the county level based on citizens, legal persons or other organizations to apply for, reviewed by the law, allowed to engage in specific activities.
    Article III implementation of meteorological administrative license, the application of this approach.
    Meteorological authorities on direct management of its internal bodies, institutions, meteorological departments at lower levels of approval on matters such as personnel, finance, Foreign Affairs, these procedures do not apply.
    Article fourth meteorological administrative license, follow the principle of openness, fairness and justice. Meteorological administrative licensing requirements, technical standards and specifications shall be published not been made public, not as a basis for carrying out meteorological administrative license.
    Weather the implementation and results of administrative license, except State secrets, business secrets or personal privacy is involved, but should be open.
    Meet the legal conditions and standards, the applicant shall have equal access to meteorological administrative licensing rights, meteorological authorities without discrimination.
    Article fifth meteorological administrative licensing shall follow the principles of convenience and efficiency, providing quality services and improve working efficiency.
    Article citizens, legal persons or other organizations against meteorological departments carrying out meteorological administrative license, shall have the right, the right to be heard; the right to apply for administrative reconsideration or bring an administrative suit; their legitimate rights and interests of meteorological departments for illegally carrying out meteorological administrative license damages, shall have the right to claim compensation.
    Article seventh meteorological administrative license obtained according to law shall not be transferable.
    Licensee may alter, forge, sell, lease, lend meteorological administrative permits or other forms of illegal transfer of meteorological administrative license.
    The eighth meteorological departments carrying out meteorological administrative license shall not be in addition to the statutory conditions attached other conditions, not to put forward by the applicant to purchase the specified products and to accept paid services or other improper requests.
    Meteorological departments and their staff to conduct meteorological administrative permit or supervise inspection shall not solicit or accept applicant's property, shall not seek other interests.
    Chapter II licensing program and organ Nineth meteorological meteorological departments above the county level of administrative license within the scope of their statutory functions and implementation.
    Tenth Article following meteorological administrative license project by State Meteorological competent institutions implementation: (a) national benchmark climate station (national climate Observatory), and national basic weather station (national meteorological Observatory) relocation approval; (ii) new, and expansion, and alterations construction engineering avoid against national benchmark climate station (national climate Observatory), and national basic weather station (national meteorological Observatory) meteorological detection environment approval; (three) corresponding approval permission within of important meteorological facilities construction project audit;
    (D) meteorological equipment use permits (v) weather modification equipment use permits (vi) mine engineering design or construction grade a qualification and (VII) overseas organizations, institutions and individuals in China's meteorological activities approved; (h) the laws, administrative regulations implemented by the competent Meteorological Department under the State Council of other meteorological administrative licensing items.
    11th article! following meteorological administrative license project by province, and autonomous regions, and municipalities meteorological competent institutions implementation: (a) General weather station (regional meteorological Observatory) relocation approval; (ii) new, and expansion, and alterations construction engineering avoid against General weather station (regional meteorological Observatory) meteorological detection environment approval; (three) corresponding approval permission within of important meteorological facilities construction project audit; (four) artificial effect weather job organization qualification approval; (five) artificial effect weather job personnel qualification approval;
    (Six) artificial effect weather job units Zhijian transfer job equipment approval; (seven) construction project atmosphere environment effect evaluation using meteorological information review; (eight) anti-mine device detection units qualification finds; (nine) anti-mine engineering professional design or construction units b (c) level qualification finds; (ten) anti-mine device design audit; (11) anti-mine device completed acceptance; (12) rose put no driving free balloon or Department left balloon units qualification finds;
    (13) unmanned free balloons or balloon activity approval (14) stipulated by laws and regulations and local rules by provinces, autonomous regions and municipalities directly under the other meteorological meteorological departments administrative licensing items. 12th article following meteorological administrative license project by set district of city level meteorological competent institutions implementation: (a) construction project atmosphere environment effect evaluation using meteorological information review; (ii) anti-mine device design audit; (three) anti-mine device completed acceptance; (four) rose put no driving free balloon or Department left balloon units qualification finds; (five) rose put no driving free balloon or Department left balloon activities approval; (six) legal, and regulations, and
    Local government regulations implemented by the district, the municipal meteorological authorities of other meteorological administrative licensing items.
    13th the following meteorological administrative licensing items carried out by the meteorological departments at the county level: (a) the atmospheric environmental impact evaluation of construction project using meteorological information; (b) lightning design; (c) lightning acceptance; (iv) laws and regulations, local government regulations by other meteorological meteorological departments at the county level administrative licensing items.
    14th atmospheric environmental impact evaluation of construction project using meteorological data review, lightning protection device design review, lightning protection device acceptance up unmanned free balloons or balloon unit qualification, up unmanned free balloons or balloon activities approval approval of meteorological administrative licensing items, determined by the meteorological authorities of provinces, autonomous regions and municipalities. Chapter III procedure article 15th citizens, legal persons or other organizations engaged in specific activities, are required by law to obtain meteorological administrative license shall be made to the application from the meteorological authorities. Applications need to use rich text, meteorological departments shall provide the applicant with meteorological applications for administrative license text book format.
    Application format text must not contain and apply meteorological administrative licensing items not directly related to the content. Applicant may authorize an agent to make meteorological administrative licensing applications, meteorological administrative license an application agent, power of attorney should be submitted. The power of attorney shall set forth the mandate of the entrusted matters,.
    Personnel qualifications applied for weather job citizen special qualification, the applicant should meteorological departments to directly apply to the Licensing Office.
    16th meteorological administrative licensing of meteorological departments headed by multiple agencies, the meteorological departments should establish an institution receives meteorological administrative Licensing application.
    Meteorological departments establish meteorological administrative license service Windows, by window is responsible for the service receives meteorological administrative Licensing application, serve meteorological administrative licensing decision without a service window, handling the administrative licensing relevant institutions should set up a special post of Minister responsible for receiving meteorological administrative Licensing application, serve meteorological administrative licensing decision.
    17th meteorological departments should be laws, regulations, rules and regulations relating to meteorological administrative licensing matters, basis, conditions, amount, procedures, deadlines, and need all the materials submitted list of publicity and application model in Office space.
    Meteorological departments should be through the website or otherwise, the contents of the first paragraph of this article to the general public, easy to query and processing of the applicant.
    Applicant requires meteorological authorities publicized description, explanation, meteorological departments should clarify, interpret, and provide accurate and reliable information. 18th applicant meteorological administrative license, shall report to the competent Meteorological Department on materials and reflect the true situation, and is responsible for the authenticity of the substance of the application materials.
    Meteorological departments shall not require an applicant to submit with the application of meteorological administrative licensing items unrelated to the technical information and other materials.
    Conduct meteorological administrative permit staff after receipt of application materials submitted by the applicant, except may be made on the spot outside the inadmissibility decisions, shall promptly receive administrative Licensing application, applicant, applications, submissions for registration.
    19th article meteorological competent institutions on applicants proposed of meteorological administrative license application, should according to following situation respectively made processing: (a) application matters law not need made meteorological administrative license of, should rates told applicants not accepted; (ii) application matters law not belongs to this meteorological competent institutions terms range of, should rates made not accepted of decided, and told applicants to about administrative organ application; (three) application material exists can spot corrections of errors of, should allows application people spot corrections;
    (Four) application material not complete or not meet statutory form of, should spot or in 5th within once told applicants need correction of all content, late not told of, since received application material of day up that for accepted; (five) application matters belongs to this meteorological competent institutions terms range, application material complete, and meet statutory form or applicants according to this meteorological competent institutions of requirements submitted all correction application material of, should accepted administrative license application. Meteorological departments to accept or not to accept administrative licensing applications, meteorological departments should certificate with the Special seal and date in written form.
    Not to accept administrative licensing applications, and shall state the reason. 20th the applicants submitted application materials are complete meteorological departments, in compliance with the statutory form, able to make decisions on the spot, shall make a written decision on the administrative license on the spot.
    Need to verify the substance of the application materials, verification shall be assigned two or more staff, making on-site verification records, and confirmed by the inspectors and the verification of signature. 21st according to law should be reviewed by the meteorological departments at lower levels before they are submitted to the next higher meteorological authority decision meteorological administrative license, the meteorological departments at lower levels after the acceptance of the application, shall conduct a preliminary review within the statutory time limit to review after the first instance recommendations and submit all application materials directly to the superior the competent meteorological.
    Higher level meteorological departments provide applicant shall not be required to repeat the application materials.
    Applicant submit an application directly to the superior the competent meteorological meteorological administrative licensing matters prescribed in the preceding paragraph, superior meteorological departments shall not entertain, and inform the applicant by meteorological departments subordinate to apply.
    22nd meteorological departments in reviewing meteorological administrative Licensing application, involves professional knowledge or technical issues to review, evaluation, or testing, commissioned by the professional or expert review, evaluation, or testing, and issued by the professional or expert review, evaluation, or examination report. Require expert, meteorological departments shall not advance the public list of experts.
    Specialists in the field will not be held in public, the applicant shall participate in expert.
    Licensing decisions taken by the competent Meteorological Agency should refer to assessment, evaluation or test reports.
    23rd laws, regulations, rules and regulations implementation matters meteorological administrative license shall be hearing or meteorological departments need to hearing other important meteorological administrative licensing matters concerning public interest, meteorological departments should be announced to the public, and in accordance with the People's Republic of China relevant provisions of the law of administrative licensing hearing. 24th the applicant meets the statutory requirements of the application, the competent meteorological departments shall make a written decision on approving an administrative license. Meteorological authorities made no written decision of administrative license according to law, it shall explain the reasons and inform the applicants have the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    Meteorological departments according to the reports, made no decision on the administrative license, it shall not be an administrative license is based on the technical standards, technical specifications.
    25th meteorological authority decision approving an administrative license is made, are required by law to issue certificates for administrative license shall be issued to the applicant documents stamped with the seal of the competent meteorological administrative license.
    Weather certificates for administrative license may take the following forms: (a) the license or any other license, (ii) qualification certificate or other certificate of qualification certificate, and (c) the approval document or documents (d) the laws and regulations of other certificates for administrative license. 26th outside of administrative licensing decisions are made on the spot, meteorological departments shall accept meteorological administrative licensing applications within 20th of administrative licensing decisions are made. Cannot make a decision in the 20th, and approved by the head of the meteorological departments, you can extend the 10th, and shall inform the applicant of the reasons for such further period.
    But otherwise provided by laws and regulations, in accordance with its provisions.
    After review by the subordinate meteorological departments reported ancestor meteorological authority decision meteorological administrative license, the meteorological departments subordinate shall from the date of its meteorological applications for administrative license review has been completed in the 20th.
    Law requires a hearing, review, evaluation, detection, identification, and shall receive meteorological administrative license within three months from the date of the application, the time needed does not count the period as provided herein, but should be required to inform the applicant in writing.
    27th changes in meteorological matters under administrative license by licensee, meet the legal conditions and standards, meteorological departments make a decision on the administrative license shall, from the date of acceptance of the application in the 20th go through the procedures of alteration according to law, and to approve the alteration of administrative licensing decision; do not meet the legal conditions and standards, no change should be made of administrative licensing decision. 28th the licensee needs to extend meteorological administrative validity of the license lawfully obtained, shall, before the administrative license expires 30th meteorological departments to make a decision on the administrative license to apply.
    Otherwise provided for by laws, rules and regulations, in accordance with its provisions.
    Meteorological departments shall, upon application of the licensee, in the Administration make a decision on whether to approve the extension before the expiry date of the permit; fails to make a decision, considered to approve the extension.
    Supervision and administration of the fourth chapter 29th meteorological departments should be the citizens, legal persons or other organizations engage in meteorological matters oversee and inspect the activities of administrative licensing. Weather permitted by the competent authority shall be to engage in the activities of administrative licensing items during inspections, checking and processing of the results should be recorded, signature and archiving by law enforcement personnel.
    The public's right to access to law enforcement records.
    30th superior meteorological departments should strengthen supervision and inspection of meteorological departments at lower levels the implementation of administrative licensing, correct implementation of the violations committed in the meteorological administrative licensing process.
    Meteorological authorities set up specific administrative license within the scope of supervision and inspection work, and in the name of the meteorological authorities carry out supervision and inspection.
    31st the citizens, legal persons or other organizations found that illegal meteorological activities of administrative licensing items, meteorological departments are entitled to report meteorological departments should be verified, processed in a timely manner.
    Article 32nd licensee before making a decision on the administrative license illegal meteorological meteorological departments outside the jurisdiction of administrative licensing matters concerning activity, violations of meteorological departments can be dealt with according to law, and licensee's illegal facts and results copy of meteorological departments of the administrative licensing decisions are made.
    33rd meteorological authorities in law enforcement inspections, found directly related to public safety, human health, life and property safety of equipment and facilities are unsafe, shall be ordered to stop using, and rectify.
    34th article has following case one of of, made administrative license decided of meteorological competent institutions or its superior meteorological competent institutions, according to interest relationship people of requests or according to terms, can revoked meteorological administrative license: (a) meteorological competent institutions staff abuse, and negligence made granted administrative license decided of; (ii) beyond statutory terms made granted administrative license decided of; (three) violation statutory program made granted administrative license decided of;
    (D) is not eligible or an applicant who does not meet the statutory requirements of administrative license; (e) meteorological administrative license may be revoked according to law in other circumstances.
    In accordance with the provisions of the first paragraph of this article to withdraw meteorological administrative permission damages the legitimate interests of the licensee, meteorological departments should be compensated according to law. Licensee by fraud, bribery or other improper means to obtain meteorological administrative license shall be revoked.
    Based on meteorological administrative license of the licensee's interests are not protected.
    35th article has following case one of of, meteorological competent institutions should law handle about meteorological administrative license of cancellation procedures: (a) meteorological administrative license validity expires not continued of; (ii) gives citizens specific qualification of meteorological administrative license, the citizens death or lost capacity of; (three) corporate or other organization law terminated of; (four) meteorological administrative license law was revoked, and withdrawn, or meteorological administrative license documents law was revoked of;
    (E) meteorological administrative licensing items cannot be implemented due to force majeure (vi) meteorological administrative license shall be revoked under the laws and regulations of other cases. Fifth chapter legal responsibility 36th article meteorological competent institutions and staff violation this approach of provides, has following case one of of, by its superior meteorological competent institutions ordered corrected; plot serious of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions: (a) on meet statutory conditions of meteorological administrative license not accepted of; (ii) is not Office places publicity should publicity of material of; (three) in accepted, and review, and decided meteorological administrative license process in the,
    Does not comply with the statutory duty of disclosure to the applicant; (d) the complete application materials are submitted by the applicant, does not comply with the statutory format, does not inform the applicant must correct everything at once (v) failing to note meteorological administrative licensing was inadmissible applications or not to meteorological reasons of administrative licensing; (f) the hearing shall be held in accordance with law without holding a hearing.
    37th the competent meteorological staff meteorological administrative licensing, supervision and inspection, demanding or accepting other people's property, or seeking other interests constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.
    38th article meteorological competent institutions implementation administrative license, has following case one of of, by its superior meteorological competent institutions ordered corrected, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions; constitute crime of, law held criminal: (a) on not meet statutory conditions of applicants granted administrative license or beyond statutory terms made granted administrative license decided of; (ii) on meet statutory conditions of applicants not administrative license or not in statutory term within made granted administrative license decided of.
    39th applicant to hide relevant information or provides false materials in meteorological administrative Licensing application, meteorological departments inadmissible or refusing permission and give warning meteorological applications for administrative license belongs to the weather, balloon, lightning protection, and more directly related to public safety, personal health, safety of life and property, the applicant shall not apply again for the meteorological administrative license within a year.
    40th article was license people to cheat, and bribery, not due means made meteorological administrative license of, meteorological competent institutions should revoked the administrative license, can and at 30,000 yuan following of fine; made of meteorological administrative license belongs to artificial effect weather, and cast balloon, and lightning protection, directly relationship public security, and personal health, and life property security matters of, applicants in three years within shall not again application the meteorological administrative license; constitute crime of, law held criminal. 41st article was license people has following behavior one of of, by about meteorological competent institutions according to permission give warning, ordered corrected, revoked the meteorological administrative license, can and at 30,000 yuan following of fine; constitute crime of, law held criminal: (a) altered, and forged, and reselling, and rental, and lending meteorological administrative license documents, or to other form illegal transfer meteorological administrative license of; (ii) beyond meteorological administrative license range for activities of; (three) to is responsible for supervision check of meteorological competent institutions hide about situation
    , Providing false information or refuse to provide authentic materials reflect its activities.
    42nd a citizen, legal person or other organization without administrative permission, without authorization, shall obtain the meteorological activities of an administrative license in accordance with law, warning by the meteorological authorities in accordance with the permission granted, shall be ordered to desist from the illegal act, and a fine of up to 30,000 yuan. The sixth chapter supplementary articles article 43rd the meteorological departments or Meteorological Organization citizen special qualification examination shall be held in public Announces qualification examination in advance of registration conditions, measures, subjects and syllabus.
    However, may organize compulsory training before examination, no textbook or other supplementary material. 44th meteorological departments the implementation of administrative licensing and supervision and inspection on administrative licensing shall not charge any fee.
    However, otherwise stipulated by laws, administrative regulations, in accordance with its provisions.
    Implementation of meteorological administrative licensing requirements for meteorological departments should be included in the budget, by the financial guarantee.
    45th article of the rules of the competent meteorological term of carrying out meteorological administrative license to working days, excluding legal holidays.
    46th matters not provided for herein, in accordance with the People's Republic of China implementation of the relevant provisions of the law of administrative licensing.
    About meteorological administrative licenses special provisions of the internal regulations, in accordance with its provisions.
                                                                                                                        47th these measures shall come into force on February 1, 2007.