Amendments To The Law "on Regulators Of Public Services"

Original Language Title: Grozījumi likumā "Par sabiedrisko pakalpojumu regulatoriem"

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/233719

The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on regulators of public services" to make the law "on regulators of public services" (Latvian Saeima and the Cabinet of Ministers rapporteur, 2000, nr. 22; 2001, 11, 21; 2005, nr. 2. No; 2006, no. 1, 24; 2007, 15. no; 2008, 3 no, 2, 15, 2009. no; Latvian journal, 2009, 175, 200. No.) the following amendments: 1. Replace article 6, first paragraph, the words "national public service regulating authority" with the words "public service Regulatory Commission".
2. in article 7: put the second part as follows: "(2) the Governor is institutionally and functionally independent, full-fledged, autonomous public bodies and independent of his law in the implementation of the approved budget.";
supplemented with the sentence of the fourth subparagraph by the following: ' the Council members may be reappointed for not more than one time. ";
adding to the sixth subparagraph, the first sentence after the words "Governor's" with the words "derived public law".
3. Article 9, first paragraph: make paragraph 5 by the following: "5) hears disputes in cases stipulated by law and order;"
turn off paragraph 10 and 11.
4. in article 10: make the second paragraph as follows: "(2) the Governor may participate in Cabinet Committee meetings. The draft law to the Cabinet of the Governor shall submit to the Cabinet members, who is politically responsible for the area, sector or subsector. Institutions that submitted to the Cabinet with the regulation of public services related to regulatory acts, they must also submit a regulator. ';
replace the fourth subparagraph, the word "law" with the words "the Latvian Code of administrative offences".
5. Express article 11 of the fourth subparagraph, the first sentence as follows: "the regulatory administrative act issued under this Act, or the actual action regulators can appeal to the administrative court."
6. To make article 14, the first paragraph by the following: "(1) the Governor annually to 1 July shall be submitted to the Parliament a written report on its activities for the previous year and sworn auditor check the full financial statement. This information is published on the regulator's website on the internet. "
7. Turn off 15.1 article.
8. Turn off the fourth paragraph of article 16, the words "newspaper" journal "and".
9. Supplement article 18, with the ninth subparagraph by the following: "(9) a decision on the issue of the licence, the licence granted withdrawal (cancellation), the refusal to grant a licence, the licence conditions for the amendment or suspension of the licence or the renewal of the Governor shall be adopted within one month of the submission and all of the statutory documents or all decision making requires the date of receipt of the information."
10. Article 19: make the second paragraph as follows: "(2) the Governor shall assess the public service provided by the project and the estimated tariff tariff tariff referred to in the draft estimates for cost reasons forming within 90 days of receiving it. If the regulator finds that the draft tariff is calculated incorrectly or tariff calculation project costs making up the tariffs are unreasonable, the Governor within 10 working days, you can ask the public service to make the tariff adjustment or reject the draft tariff project. ";
Add to article 2.1 part as follows: "(21) tariff adjustment project the public service carries out the regulatory deadline that may not be less than five working days.";
turn off the fourth part;
express the fifth and sixth the following: "(5) the Governor may request additional information or documents if the public service presented by the estimated tariff and tariffs cost justification for forming the documents is not sufficient objective news calculated the tariff for approval or rejection of the project. Regulators requested additional information or documents submitted to the public service for a period specified by the Governor, which may not be shorter than 10 days.
(6) the Governor may, if necessary, for the evaluation of the draft tariff or the explanatory notes upon the provision of the public service and the consumer rights protection centre representatives, consumer protection law in the manner set up consumer protection associations, representatives or independent experts. "
to supplement the article with the thirteenth part as follows: "(13) tariff adjustment period of the project and the Governor requested the additional information or the submission of a document not included in the second paragraph of this article, within the limit of tariff project evaluation."
11. Make the text of this article 20: "tariffs will determine the extent of the user tariff payments cover the economically justifiable costs of the public service and to ensure the viability of public services, if the industry special laws do not provide for other charging principles. A change in tariffs affecting factors such as profitability, the Governor may propose the revision of the tariff and require public service for a specified period shall submit a draft of the calculated tariff, together with the cost of the tariff justification. "
12. Article 21: make the third and fourth subparagraph by the following: "(3) the public service provider tariff information of the calculated project 10 days after submission of the draft regulator publishes the newspaper" Latvian journal "and its home page on the internet, if any, and shall submit it to the regulator the regulator publishing homepage on the internet. If the public service tariff project affects users in a particular administrative territory, public service information about the estimated tariff shall be forwarded to the relevant authorities for information and inserting its homepage on the internet.
(4) the Regulator decision which established tariff, 10 days after its adoption, published the newspaper "journal". If the specified tariff affects users in a particular administrative territory, the Governor of the decision which established tariff, sent to the relevant authorities for information and inserting its homepage on the internet. ";
to supplement the article with the seventh subparagraph by the following: "(7) the Governor determines the procedures referred to in the second subparagraph, imposes public service obligations, the provider for publishing information about the tariff submitted the project, specify the proposed changes to the existing tariff and proposed tariff (increase or decrease) the comparison, the proposed effective date of the tariff and the tariff justification of change, where, under the freedom of information act tariff and tariff-forming cost justification is in general available."
13. Replace article 22, third paragraph, second sentence, the words ' the decision of regulators "with the words" the requirements of the law ".
14. Supplement article 25 with the fourth, fifth and sixth the following: "(4) the public service provider provides a response to the user submissions and complaints in writing within 15 days after receipt of the application or complaint. If the application or the examination of the complaint requires additional verification or further information, an essential public service provider provides a response within 30 days after receipt of the application or complaint.
(5) the public service is entitled to leave the application or complaint without examination, application of the provisions of the law Application, as well as in the case where an application or complaint is not directly related to the public service provider.
(6) on an application or complaint without consideration of leaving the public service 15 days inform the user in writing, giving reasons for its decision. "
15. off the fourth part of article 30.
16. Article 31: Add to article 2.2, 2.3 and 2.4 of the part as follows: "(22) If public service launched the merchant in accordance with paragraph 2.1 for the first years of operation of the paid State fee is less than the first and second subparagraph in accordance with the procedure laid down in the rate of merchant until next January 30, pays the remaining amount of the State fee.
(23) where the public service launched the merchant in accordance with paragraph 2.1 for the first years of operation of the paid State fee exceeds the first and in the second paragraph, the procedure laid down the rate, the excess shall spread, State fees calculated in the next calendar year by reducing the amount of the excess payment.
(24) If the relevant calendar year State fee paid for public service regulation exceeds the Governor's operation of the necessary costs, it is used for the operation of the regulator next year and public service provider that, in the calendar year concerned has paid the State fee for public service next year, these fees will be reduced by the amount of the excess amount in proportion to the size of the fees paid for the year concerned. ";
to supplement the article with the sixth part the following:

"(6) If the merchant within the time limit set by the Cabinet of Ministers has not paid the State fee for the regulation of public services, it is calculated the delay money in accordance with the law on taxes and fees". "
17. Chapter VII be expressed by the following: "Chapter VII. Disputes article 32. Out-of-court settlement of proceedings (1) the Regulator as a non-judicial instance hears disputes between public service providers and users, or between public service providers about their rights and obligations arising from this Act or an adjustable industries special laws.
(2) before going to the Governor by petition, which asked to hear from public service relations disputes arising between the Parties shall take measures to resolve the dispute amicably.
(3) a public service provider and the user has the right of public service relations to solve disputes arising in the Civil courts in accordance with the procedure prescribed by law, without going to the regulator with the application for the examination of disputes.
(4) a public service provider and the user loses the right to apply to the regulator, if you used the third part of this article, rights or causes of the dispute since the date is three years.
(5) the Governor, in considering the dispute, this law shall apply.
(6) in the public service and the user or the public service disputes, payment documents, or the recovery of the debt in Court of civil law.
33. article. The application for the examination of disputes (1) To the regulator in accordance with the procedure laid down in this Act to examine disputes, public service provider or user submits a written application to the regulator about the dispute.
(2) the application for the examination of disputes in the public service or the user specifies the following information: 1), the applicant (a natural person: name, surname, place of residence or other information which helps to identify the person, a legal person — name, registration number and registered office);
2) defendant (natural person: name, surname, place of residence or other information which helps to identify the person, a legal person — name, registration number and registered office);
3) other parties or stakeholders;
4) subject-matter of the dispute and the applicant's claim;
5) evidence showing that measures have been taken to resolve the dispute amicably.
(3) an application from the applicant for the examination of the dispute, writing materials and other evidence in the dispute of the dispute and the outbreak and prove the dispute amicably, the measures taken.
34. article. Representation of the parties (1) natural persons in their case the dispute go themselves or by authorized representatives.
(2) in the case of legal persons, in the dispute led to officials who work in the law, the statutes or regulations of the powers granted, or other authorized representative of the legal person.
(3) the parties to the dispute the dispute process may invite lawyers to provide legal aid.
(4) the representation of individuals presented with notarized powers. Representative of the dispute represented at the hearing, the hearing may make oral statements in, and do about it recording the minutes of the hearing of the dispute.
(5) the legal representation of the person presented with the written mandate or documents certifying the official's rights without the express authorisation of representation of the legal person.
(6) the authority of a lawyer to provide legal assistance declares the warrant. If the lawyer insisted as the parties to the dispute by the authorized representative, the mandate shall be evidenced by written proxy.
(7) the representative has the right to execute on behalf of the represented all procedural actions. If an individual case led to an authorised representative, the Governor's statements and documents to send only a representative.
(8) all procedural acts which are carried out by a representative, in accordance with the mandate issued to him, is binding on the represented.
(9) the Organisation may at any time withdraw the mandate of the representative, in writing, on notice to the Governor. Oral statement on the withdrawal of authorisation may provide the hearing the dispute, and shall record the minutes of the hearing of the dispute.
(10) the representative has the right to refuse carriage of the case, announcing it in writing and the regulator.
35. article. The application for the evaluation of the dispute (1) the Governor not later than 30 days from the date of receipt of the application for the examination of the dispute, assess it, accompanying written materials and other evidence in dispute proceedings, the subject-matter of the dispute and the measures taken to resolve the dispute amicably, and do one of the following: 1) in the second paragraph of this article, the cases do not dispute and provide a response to the application for the examination of disputes;
2) decides on the initiation of the dispute.
(2) the Governor shall not dispute and in accordance with the application of the law provides an answer to the application for the examination of the dispute, which the Governor signed by the President, if at least one of the following conditions: 1) there are no grounds for the initiation of a dispute in accordance with this Act or the adjustable industry specific regulations;
2) applicant does not submit the evidence that is used to resolve the dispute settlement option. The following declaration can be written a complaint or petition, sent or submitted to the defendant, and the answer, if one is received.
(3) the decision on the initiation of a dispute, the Governor specifies the following information: 1), the applicant (a natural person: name, surname, place of residence or other information which helps to identify the person, a legal person — name, registration number and registered office), his representative and the representative;
2) defendant (natural person: name, surname, place of residence or other information which helps to identify the person, a legal person — name, registration number and registered office), his representative and the representative;
3) the subject matter of the dispute and the applicant's claim;
4 the applicant's evidence) the measures taken to resolve the dispute amicably;
5) finding that the dispute is pending before regulators essentially;
6 justification of the decision);
7) appropriate legal provisions (legislative article, and the part).
(4) the decision on the initiation of the dispute shall enter into force on the day of its adoption and is not appealable.
(5) the decision of the Governor on the initiation of the dispute within five working days after the Governor sent to the parties.
21.8 article. The dispute deadline the Governor assessed the substance of the dispute, a decision the necessary facts and dispute within three months from the date of the decision on the initiation of the dispute.
Article 35.2. The dispute process (1) all decisions of the dispute in case the Governor in Council, shall be adopted in accordance with the procedure prescribed by law.
(2) the dispute is dealt with in the Council. The dispute hearing is open to the public. In some cases, the confidential nature of the issues involved in the dispute at the written reasoned request is considered the dispute in closed session.
(3) the Governor in writing, indicating the progress of the meeting time and location, be invited to the meeting of the parties to the dispute or their representatives to listen to the explanations and objections.
(4) the parties to the dispute, the public service and the user shall exercise their procedural rights of the racing form. Both parties to the dispute have the same rights to present their views and defend their rights.
(5) the race take place, the parties to the dispute, by providing explanations, applications addressed to the Governor, by participating in the hearing of experts, another test and evaluation of evidence, hearing the dispute and performing other procedural actions in accordance with the procedure laid down in this chapter.
(6) during the hearing of the dispute the regulator or any party to the dispute may invite the expert opinion.
(7) where the Governor or one of the parties to the dispute want to invite experts or to carry out other activities aimed at obtaining evidence, the costs shall be borne by the relevant regulator or a party involved in the dispute, which has proposed the following.
(8) the Dispute is considered a national language.
(9) documents in foreign languages shall submit to the parties to the dispute, adding in a certified translation in the language of the country.
(10) the parties to the dispute or their representatives who do not know the State language, the same provides the interpreter himself.
(11) the minutes of the hearing of the dispute and of the decisions taken by the regulators should be in writing in the language of the country.
(12) the Governor may consider the dispute without the parties involved in the dispute or the presence of their representatives at the hearing, based solely on written submissions and other evidence in the case of existing documents is sufficient and if the parties to the dispute or their representatives by submitting written evidence, have consented thereto in writing.

(13) the Governor may consider the dispute without the parties involved in the dispute or the presence of their representatives at the hearing when the parties to the dispute or their representatives have not come to the hearing of the dispute.
(14) where one of the parties to the dispute or its representative warned regulators for not coming to the hearing of the dispute, the Governor, having regard to the parties to the dispute or its representative the information provided about the reasons of absence, may postpone the hearing of the dispute.
(15) the Governor during the dispute, before taking a decision on the dispute, offers the parties to the dispute agree on a settlement.
35.3 article. Settlement (1) If the hearing of a dispute, the parties to the dispute conclude a settlement, regulator of ADR proceedings are terminated.
(2) the parties conclude a settlement in writing and shall specify: a natural person – given name, surname, personal code and residence; a legal person, the name, registration number and registered office; the subject matter of the dispute and each party to the dispute the obligations it voluntarily undertakes to fulfil.
(3) following submissions by the parties involved in a dispute Governor with its decision to approve the settlement, if it is not in conflict with the law. Such a decision shall have the same legal effect as a decision on the dispute.
22.0 article. The decision on the dispute (1) the Governor in case of dispute, the decision of the review and determine the order and terms.
(2) the decision on the dispute of the regulator within five working days following its adoption sent the parties to the dispute.
(3) the decision on the dispute of the regulator indicate the following information: 1) the name and address of the Governor;
2) applicant (natural person: name, surname, place of residence or other information which helps to identify the person, a legal person — name, registration number and registered office), his representative and the representative;
3) defendant (natural person: name, surname, place of residence or other information which helps to identify the person, a legal person — name, registration number and registered office), his representative and the representative;
4 the applicant's claim);
5 the parties involved in the dispute) opinions, arguments, if any, evidence;
6) expert opinion, if any;
7) fact-finding, established by evidence of a dispute;
8) the grounds on which the decision is based;
9) appropriate legal provisions (legislative article, part, and section);
10) regulator ruling, which includes a legal obligation imposed on the recipient of the award for the implementation of the decision and the deadline and the effective date of the order;
11) where and in what period and in what order things is entitled to go to court.
(4) If the party to the dispute is not satisfied with the Governor's decision on the dispute, with the application of the subject-matter of the dispute is entitled to go to court or arbitration law of civil procedure within 30 days from the date of the decision on the dispute, and the Court or the arbitral tribunal the appearance of such disputes.
(5) If the party to the dispute is not satisfied with the decision of the Governor on the dispute and the fourth paragraph of this article within the time specified in the civil procedure law is approached in arbitration, but the Tribunal ruled on the termination of the process or admit that a dispute is not subject to the arbitration of the dispute, the party who is not satisfied with the decision of the Governor is entitled to go to court, the civil procedure law within 30 days of the arbitration decision, the date of its entry into force.
(6) the Governor's decision on the dispute into a final day: 1) of this article, the fourth and fifth paragraphs of this deadline, if any party to the dispute on the subject of the dispute submitted to the Court or the application of arbitration;
2) of this article fourth and fifth period referred to the subject matter of the dispute, if within this period the application submitted, but the entry into force of the decision on the refusal to accept the application;
3) ends this article fourth and fifth period referred to the subject matter of the dispute, if within this period the application submitted, but the entry into force of the decision on the acceptability of the application submitted and not return to the claimant;
4) the entry into force of the Court decision, which claims no action except when claims no action, because the dispute between the same parties involved in the dispute, on the same subject and on the same basis in the same or other judicial proceedings;
5) the entry into force of the Court decision that ended the proceedings, except where the proceedings are terminated because of a legitimate entry into force of a judgment given in a dispute between the same parties to the dispute, on the same subject and on the same basis, the parties entered into a settlement and approved by the Court or the parties in accordance with the procedure laid down in the law, agreed to transfer the dispute to arbitration;
6) the entry into force of the arbitration decision on the termination of the proceedings, since the applicant has withdrawn his claim and the defendant does not object to it, or the parties agree on the termination of the dispute amicably.
(7) If a party to the dispute shall submit the application to the Court or arbitral tribunal in part four of this article in accordance with the procedure laid down for the subject matter of the dispute affecting the part of the decision of the Governor, the Governor's decision in part, which has filed a statement of claim in court or in arbitration, shall enter into force on the expiry of the fourth paragraph of this article, the time limit prescribed.
(8) a party to the dispute, as well as its successor in title, after the regulator's decision on the review of the dispute to become final, is not entitled to submit to the regulator of a new application for the examination of disputes concerning the same subject on the same basis.
(9) the Governor's decision on the dispute, which entered into legal force, is required the parties to the dispute.
(10) the facts as established, having been convicted by a regulator's decision on the dispute in a case, the parties to the dispute do not have to prove when the regulator is examining other thing for another examination of the dispute, which involves the same parties to the dispute.
(11) the decision of the Governor on the performance of the dispute are set out in the decision and timeless.
(12) If the regulator's decision on the dispute is not executed voluntarily, the interested party to the dispute may apply to the Court with an application for the issue of the Executive Governor of the article decision on the dispute forced execution. "
18. the express article 38 of the fourth subparagraph by the following: "(4) after the expiration of the term of the members of the Council business, income generation, job connect, work restrictions, as well as performance related other restrictions and responsibilities determined by the law on the prevention of conflicts of interest in the activities of public officials". "
19. Article 43: make the second paragraph as follows: "(2) the Council shall be taken by the simple majority of the members. If the votes are divided into similar, the Chairman shall have the casting vote. ";
replace the third paragraph, the words "against" or "refrain" "with the words" or "against" ".
20. The transitional provisions: exclude paragraph 9;
turn off 16;
transitional provisions be supplemented with 24, 25 and 26 as follows: "24. This law, article 9, first paragraph, point 10 and 11. exclusion comes into force on July 1, 2012.
25. examination of disputes which the Governor proposes until the entry into force of the amendments to this law, in article 32-35, the Governor shall consider and adopt a decision on a resolution of the dispute in accordance with the procedure laid down in this Act, which was in force until the entry into force of the amendments to this law, in article 32-35. The Governor's decision on a resolution of the dispute, suggested until the entry into force of the amendments to this law, in article 32-35, may appeal to the administrative court. The administrative district court case as a Court of first instance of the three judges. Judgment of the Court of appeal, by an appeal in cassation.
26. Chapter VII of this law "disputes" the new version shall enter into force simultaneously with the amendments to the civil procedure law concerned. "
21. To supplement the law with the informative reference to European Union directives as follows: "Informative reference to European Union directives, the law includes provisions resulting from: 1) of the European Parliament and of the Council of 13 July 2009. directive 2009/72/EC concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (text with EEA relevance);
2) of the European Parliament and of the Council of 13 July 2009. directive 2009/73/EC concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (text with EEA relevance);

3) of the European Parliament and of the Council of 25 November 2009. directive 2009/136/EC amending Directive 2002/22/EC on universal service and users ' rights relating to electronic communications networks and services, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector, Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (text with EEA relevance);
4) of the European Parliament and of the Council of 25 November 2009. the directive 2009/140/EC, amending Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services, Directive 2002/19/EC on access to electronic communications networks and associated facilities connection and Directive 2002/20/EC on the authorisation of electronic communications networks and services (text with EEA relevance);
5) of the European Parliament and of the Council of 7 March 2002 Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services (framework directive). '
The Parliament adopted the law of 14 July 2011.
The President a. Smith in 2011 on July 28.