Ningbo City Administration Implementation Measures For The Power Of Relatively Concentrated Administrative Punishment

Original Language Title: 宁波市城市管理相对集中行政处罚权实施办法

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Ningbo city administration implementation measures for the power of relatively concentrated administrative punishment (November 24, 2009 Ningbo Municipal People's Government for the 67th General session on December 8, 2009, Ningbo Municipal People's Government, the 170th release come into force on January 1, 2010) first in order to regulate and promote the work of relatively centralized administrative punishment right in urban management, improve administrative efficiency and level of enforcement, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China on administrative punishment law and the regulations on urban management power of relatively concentrated administrative punishment in Zhejiang Province

    And other relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article within the administrative area of the city relatively centralized administrative punishment right in urban management, these measures shall apply.

    Urban management in these measures relative-centralized administrative punishment right refers, in accordance with the People's Republic of China on administrative punishment law and the relevant provisions of the State Council, exercised by the concentration of the urban Administration Department in accordance with the relevant administrative departments in the field of urban management all or part of the administrative right of penalty.

    Article cities and counties (cities) and districts established by the people's Government of the city administration departments exercised relatively centralized administrative punishment right in urban management, perform their duties independently and bear the corresponding legal responsibility.

    The fourth exercise relatively centralized administrative punishment right in urban management, shall follow the lawful, reasonable, fair and open principles.

    Fifth of municipal and County (City) area shall exercise leadership in and coordination of relatively centralized administrative punishment right in urban management.

    City and County (City) district people's Government Office of Legislative Affairs is responsible for the work of relatively centralized administrative punishment right in urban management coordination and oversight.

    Building, planning, environmental protection, public security, Commerce and industry, water resources, land and resources administrative departments shall, in accordance with their respective responsibilities, to work relatively centralized administrative punishment right in urban management.

    City Administration departments should prepare for County (City) area business administration departments to guide the work of the city.

    The sixth city, municipal and District Administration Department under the State Council or provincial approval, shall perform the following duties:

    (A) in accordance with the laws and regulations on management of city appearance and environmental sanitation, provisions of the regulations, for violations of city appearance and environment sanitation management provisions of administrative penalties;

    (B) urban and rural planning and management in accordance with provisions of the laws, regulations and rules, in the area of urban planning on the implementation of administrative punishment for violation of the provisions of the town planning;

    (C) in accordance with the urban green management provisions of the laws, regulations and rules, for acts in violation of city regulations impose administrative penalties;

    (D) according to the municipal public management provisions of the laws, regulations and rules, administrative penalties stipulated in violation of municipal public administration;

    (E) in accordance with the provisions of the laws, regulations and rules in water management, in the municipal people's Government within the scope of urban River under administrative punishment for violations of the provisions on water management;

    (F) in accordance with the provisions of environmental protection laws, regulations and rules, for violations of environmental protection management of construction noise pollution, social life of noise pollution and sections on entertainment, catering oil smoke pollution Act impose administrative penalties;

    (VII) in accordance with the industrial and commercial administration provisions of the laws, regulations and rules, on urban roads, squares and other outdoor public places administrative punishment for operating without a license;

    (H) in accordance with the laws, rules and regulations of public security traffic management rules, and impose administrative penalties to encroach on city sidewalks;

    (I) determined by the province people's Government municipal Bureau of city administration of centralized exercise of administrative punishment.

    The County (City) the city administration of sector-specific mandate by the people's Government of the province determined and adjusted and published by the municipal government.

    Cities and counties (cities) and districts administrative law enforcement centralized exercise of administrative punishment right for urban management of specific areas of responsibility, for the formulation of laws, regulations, rules or changes needed to adjust, in accordance with the provisions of procedural changes and publish.

    Seventh city administration departments can implement laws and regulations associated with centralized administrative penalty right of the administrative powers of investigation and administrative enforcement power.

    Eighth by the city administration administrative law enforcement departments of administrative punishment right, the original administrative departments shall not exercise; continue to exercise, its administrative decision is invalid.

    Nineth administrative law enforcement centralized exercise of administrative punishment right for urban management punishment procedure in accordance with the People's Republic of China on administrative punishment law and urban management in Zhejiang Province and the power of relatively concentrated administrative punishment implementation of the regulations.

    Tenth law enforcement officers should have the qualifications, uniform, wearing a sign of law enforcement.

    11th administrative law enforcement departments in the city administration before making a decision of administrative penalty shall inform the parties of the facts, reasons and basis for administrative penalty decisions are made, and shall inform the Parties shall enjoy the presentation and defence of rights. Where reason cannot be delivered by written notice of administrative penalty, the city administration departments should take notice shall inform the parties. From the date of announcement made no statements or representations of the parties in the 15th, the city administration departments can make a decision of administrative penalty according to law.

    Notice shall be published through the public media.

    12th urban management prior to the decision of the administrative law enforcement departments in the following administrative penalties, it shall inform the parties have the right to request hearings; the parties to request a hearing, the administrative agency shall organize the hearing:

    (A) in order to suspend;

    (B) the revocation of permit or license;

    (C) more than 5000 Yuan for civil fines, legal persons or other organizations to impose more than 30000 Yuan fines;

    (D) in accordance with the legal provisions of other administrative punishment decision.

    13th of municipal and County (City) people's Governments shall establish and improve the relatively centralized administrative punishment right in urban management coordination mechanisms, strengthen urban administration and related administrative law enforcement cooperation between administrative departments.

    14th urban management power of relatively concentrated administrative punishment including coordination matters:

    (A) the relatively centralized right competence;

    (B) the power of relatively concentrated punishment punishment under applicable;

    (C) investigation, to transfer the case, information sharing, recognition, identification and other matters of collaboration in the performance of administrative duties;

    (Iv) other matters requiring coordination.

    15th the relevant administrative departments of relatively centralized right competence and penalties under applicable disputes, coordinated by the municipal people's Government.

    The 16th city administration departments and relevant administrations should collecting urban administrative and law enforcement information in a timely manner, to classify the electronic recording, storing, and establish the associated database.

    17th urban Administration Department and the relevant administrative departments should gradually through the platform of administrative license, administrative punishment and administrative compulsory measures or administrative investigation or examination supervision of implementation of information resource sharing.

    18th city administration departments to investigate violations, need to relevant administrative departments or technical appraisal, relevant administrative departments or technical accreditation body should be in legal terms and procedures recognized and identified.

    19th city administrative law-enforcement departments of administrative punishment decision, stipulates that the executive authorities can enforce by laws and regulations, administrative law-enforcement departments can enforce the city administration, you can also apply to a people's Court for compulsory execution; laws and regulations do not provide specific enforcement authority or rules enforced by the people's Court by municipal administration sector apply to the people's Court for compulsory execution.

    20th article violates these rules, city, Zhejiang Province, in accordance with the regulations on administrative power of relatively concentrated administrative punishment shall be punished. 21st article this way come into force on January 1, 2010. August 31, 2002, Ningbo city administration promulgated by the municipal power of relatively concentrated administrative punishment measures for implementation (municipal 101th) repealed simultaneously.