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The Regulations on Administrative Punishment Procedures for Power Regulatory Authorities have been passed at the Office of the Chairman of the State Electricity Regulatory Commission on January 17, 2006. It is hereby promulgated and will be implemented as of April 1, 2006.
Regulations for administrative punishment procedures of power regulatory agencies
Chapter I General Provisions
Article 1 In order to strengthen power supervision, regulate the administrative punishment of power supervision, and safeguard the legitimate rights and interests of power investors, operators and users, and the public interest, according to the "Administrative Punishment Law of the People's Republic of China", "Regulations on Electricity Regulation" and the State These regulations are formulated in accordance with the relevant regulations.
Article 2 The State Electricity Regulatory Commission and its dispatched institutions (hereinafter referred to as electric power regulatory agencies) shall impose administrative penalties on violations of electric power supervision laws, regulations and rules (hereinafter referred to as illegal acts) within the scope of their duties, and these provisions shall apply.
Article 3 The power regulatory agency shall impose administrative penalties on the basis of laws, regulations and rules.
If there is no statutory basis or fails to comply with the statutory procedures, the administrative penalty shall be invalid.
Article 4 The parties shall have the right to make representations and defenses for administrative penalties imposed by the power regulatory agencies; those who are dissatisfied with administrative penalties shall have the right to apply for administrative reconsideration or file an administrative lawsuit according to law.
If the party concerned is harmed by an administrative punishment imposed by the power regulatory agency in violation of the law, the party has the right to file a claim for compensation according to law.
Chapter II Jurisdiction
Article 5 Administrative penalties shall be under the jurisdiction of the Municipal Supervision Office of the Regional Supervision Bureau of the State Electricity Regulatory Commission (hereinafter referred to as the Municipal Electricity Regulatory Office) where the illegal act occurs. If the city electricity supervision office is not established, it shall be under the jurisdiction of the Regional Electricity Regulatory Commission of the State Electricity Regulatory Commission (hereinafter referred to as the Regional Electricity Regulatory Bureau).
The Regional Electricity Regulatory Bureau is responsible for administrative penalties for illegal activities in the autonomous regions and municipalities directly under the Central Government.
The State Electricity Regulatory Commission (hereinafter referred to as the Electricity Regulatory Commission) is responsible for administrative penalties for violations that have a significant impact across regions or across the country. The administrative penalty for revoking the power business license shall be implemented by the SERC.
Article 6 Where the District Electricity Regulatory Bureau or the Municipal Electricity Regulatory Office has a dispute over the administrative penalty jurisdiction, the SERC shall appoint a jurisdiction.
When the power regulatory agency finds that the illegal case is not under its jurisdiction, it shall transfer the power regulatory agency with jurisdiction. If the transferred power regulatory agency considers that the transfer case is not under its jurisdiction, it may not transfer it by itself, and the power regulatory commission shall appoint a jurisdiction.
Article 7 The SERC may, if it deems it necessary, directly investigate and deal with illegal acts that have significant influence in the jurisdiction of the District Electricity Regulatory Bureau or the Municipal Electricity Regulatory Office, or designate the District Electricity Regulatory Bureau or the Municipal Electricity Regulatory Office to investigate and deal with it by the SERC. Investigate the illegal act.
If the District Electricity Regulatory Bureau or the Municipal Electricity Regulatory Office believes that the illegal acts that should be investigated and dealt with by them are serious and have major influence, they may request the SERC to investigate and deal with them.
Chapter III Summary Procedure
Article 8 If the illegal facts are conclusive and have a statutory basis, if the individual imposes a fine of 50 yuan or less, or imposes a fine of 1,000 yuan or less on the enterprise engaged in the electric power business or the power dispatching and trading institution, the electric power regulatory agency shall be engaged in on-site law enforcement. (hereinafter referred to as law enforcement officers) can make administrative punishment decisions on the spot.
On the spot, the administrative penalty decision is made. In one of the following circumstances, law enforcement officers can collect the fine on the spot:
(1) A fine of not more than 20 yuan is granted according to law;
(2) It is difficult to implement after the event is not collected on the spot.
Article 9 Where a law enforcement official makes an administrative punishment decision on the spot, he shall present the power supervision and enforcement certificate to the party concerned and fill out the administrative punishment decision letter. The administrative penalty decision letter shall be delivered to the party on the spot.
The administrative punishment decision prescribed in the preceding paragraph shall specify the parties' illegal acts, the basis of administrative punishment, the amount of fines, the time, place and the name of the power regulatory agency, and shall be signed or sealed by law enforcement officials.
Law enforcement officers who make administrative punishment decisions on the spot must report to their respective power regulatory agencies for filing at the latest within 5 days.
Article 10 Before making an administrative punishment on the spot, law enforcement officers shall inform the parties of the facts of the violation of the law, the reasons and basis for the administrative punishment, and inform the parties of their rights under the law.
Chapter IV General Procedures
Section 1 Filing and Investigation
Article 11 In addition to making administrative penalties on the spot in accordance with these Provisions, if the power regulatory agency discovers suspected illegal acts and meets the following conditions, it shall file a case:
(1) There are clear suspects who violate the law;
(2) having illegal facts;
(3) Administrative punishment shall be given according to law;
(4) Belonging to the jurisdiction of this institution.
Article 12 The relevant regulatory authorities of the electric power regulatory agency shall conduct preliminary inspections in the course of conducting daily supervision and inspection or handling cases transferred by other organs, and discovering suspected illegal acts. After preliminary verification, if the suspected illegal act meets the conditions stipulated in Article 11 of these Provisions, it shall submit a proposal for filing a case, and send it to the inspection department of the power regulatory agency (hereinafter referred to as the inspection work department) for review, and the project shall be approved by the person in charge of the power regulatory agency. .
The inspection work department shall find that the suspected illegal act in accordance with the conditions stipulated in Article 11 of these Provisions shall be verified and approved by the person in charge of the power regulatory agency.
The date of filing is the date of approval of the person in charge of the power regulatory agency.
Article 13 The inspection work department shall organize an investigation into the suspected illegal acts that have been filed.
The investigation should be comprehensive, objective and fair, so that the facts are clear and the evidence is conclusive and sufficient.
Article 14 The investigation shall collect the original or original of the relevant evidence. If it is impossible to collect the original or the original for objective reasons, or if it is difficult to collect the original or the original, you may collect copies, duplicates, transcripts, partial samples or proof of the original or original with the original and the original. Other evidence such as photos, videos, etc.
Article 15 In the course of investigation, if the inspection work department discovers suspected illegal activities other than the cause of the case, it shall promptly report to the person in charge of the power regulatory agency to decide whether to investigate the newly discovered suspected illegal acts.
Article 16 When the investigation is completed, the inspection work department shall submit an investigation report. The investigation report shall include the basic information of the parties involved, the facts and evidence verified by the investigation, the qualitative opinions on the suspected illegal acts, the handling suggestions and the legal basis.
Article 17 The investigation shall be terminated within 60 days from the date of approval of the case. If the case is complicated and cannot be terminated within 60 days, it can be extended for 30 days with the approval of the person in charge of the power regulatory agency.
Article 18 The inspection work department shall, within 10 days from the end of the investigation, submit the investigation report, relevant evidence and other relevant materials to the legal department of the power regulatory agency (hereinafter referred to as the legal work department) for review.
Article 19 Where a case has been transferred to a case examined by the legal work department and the legal work department requests additional investigation or re-investigation, the inspection work department shall promptly organize supplementary investigation or re-investigation. Supplementary investigations or re-investigations shall be completed within 30 days from the date of the investigation of the legal work department.
Section II Review and Decision
Article 20 The legal work department shall examine the investigation report, relevant evidence and other relevant materials transferred by the inspection work department. The review includes the following:
(1) Whether the facts are clear;
(2) Whether the evidence is conclusive and sufficient;
(3) Whether the qualitative is accurate;
(4) Whether the investigation procedure is legal;
(5) Whether the applicable laws, regulations and rules are correct;
(6) Whether the proposal is appropriate.
Article 21 After the examination of the legal work department is completed, an examination report shall be issued. The review report shall be submitted in accordance with the following provisions:
(1) The facts are clear, the evidence is conclusive, sufficient, accurate and accurate, the procedures are legal, the applicable laws, regulations and rules are correct, and the types and scope of punishments are appropriate. The examination and approval opinions are submitted and sent to the Administrative Punishment Committee for decision;
(2) The facts are clear, the evidence is conclusive, sufficient, and the procedures are legal, but if the rules are not accurate, the applicable laws, regulations and rules are wrong, and the types or extents of the punishments are improper, the review and revision opinions are submitted and sent to the Administrative Punishment Committee for decision;
(3) If the facts are unclear, the evidence is insufficient, and the procedure is not legal, corrective opinions are submitted, and the inspection department is returned to the investigation department for re-investigation or supplementary investigation.
Article 22 The examination shall be completed within 30 days from the date of transfer of the case by the inspection department. If it cannot be reviewed within 30 days, it may be extended for 30 days with the approval of the person in charge of the power regulatory agency.
Article 23 The power regulatory agency shall establish an administrative punishment committee to be responsible for making administrative punishment decisions.
The Administrative Punishment Committee is composed of the person in charge of the electric power regulatory agency, the person in charge of the inspection work department, the person in charge of the legal work department, and the person in charge of other relevant regulatory departments.
The Administrative Punishment Committee establishes an office and is responsible for the daily affairs of the Administrative Punishment Committee.
Article 24 The Administrative Punishment Committee shall examine the investigation report submitted by the inspection work department, the examination report submitted by the legal system department and other materials, and make the following decisions according to different situations:
(1) If there are any illegal acts that should be subject to administrative punishment, the administrative punishment decision shall be made according to the seriousness of the circumstances and the specific circumstances;
(2) If the illegal act is minor and the administrative punishment may not be imposed according to law, no administrative punishment shall be imposed;
(3) No administrative penalty may be imposed if the illegal facts cannot be established;
(4) If an illegal act constitutes a crime, it shall be transferred to the judicial organ.
Article 25 If the Administrative Punishment Committee makes an administrative punishment decision, it shall be signed by the person in charge of the power regulatory agency to produce an administrative penalty decision. The administrative penalty decision letter shall specify the following items:
(1) the name or address of the party;
(2) facts and evidence in violation of laws, regulations or rules;
(3) The type and basis of administrative punishment;
(4) The manner and time limit for the execution of administrative penalties;
(5) Ways and deadlines for applying for administrative reconsideration or filing an administrative lawsuit for dissatisfaction with administrative punishment decisions;
(6) The name of the electric power regulatory agency that made the administrative penalty decision and the date on which the decision was made.
The administrative penalty decision must be stamped with the seal of the power regulatory agency that made the administrative penalty decision.
Article 26: Before making an administrative punishment decision, the power regulatory agency fails to inform the parties of the facts of the law, the reasons and basis for the administrative punishment, or refuses to hear the statement or defense of the party; the administrative punishment decision cannot be established; Except for statements or defense rights.
Article 27 The administrative punishment decision made by the power regulatory agency may be announced to the public.
Third quarter hearing
Article 28 Before the administrative punishment committee makes an administrative punishment decision such as revoking the power business license and a large amount of fines, it shall inform the parties of the right to request a hearing; if the parties request a hearing, the power regulatory agency shall organize the hearing.
The large amount of fines mentioned in the preceding paragraph refers to a fine of more than 5,000 yuan for individuals, and a fine of more than 500,000 yuan for enterprises engaged in power business and power dispatching and trading institutions.
Article 29 The hearing shall be organized within 20 days after the parties request the hearing. The Administrative Punishment Committee shall hold a hearing and shall appoint a member of the Administrative Punishment Committee who is not the investigator of the case to preside.
Article 30 After the hearing is over, the Administrative Punishment Committee shall make a decision in accordance with the provisions of Article 24 of these Provisions.
Chapter V Supplementary Provisions
Article 31 Matters not covered in these Provisions shall be implemented in accordance with the relevant provisions of the State.
Article 32 These Provisions shall come into force on April 1, 2006.
Office of the Electricity Regulatory Commission
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
The Regulations on Administrative Punishment Procedures for Power Regulatory Authorities have been passed at the Office of the Chairman of the State Electricity Regulatory Commission on January 17, 2006. It is hereby promulgated and will be implemented as of April 1, 2006.
Regulations for administrative punishment procedures of power regulatory agencies
Chapter I General Provisions
Article 1 In order to strengthen power supervision, regulate the administrative punishment of power supervision, and safeguard the legitimate rights and interests of power investors, operators and users, and the public interest, according to the "Administrative Punishment Law of the People's Republic of China", "Regulations on Electricity Regulation" and the State These regulations are formulated in accordance with the relevant regulations.
Article 2 The State Electricity Regulatory Commission and its dispatched institutions (hereinafter referred to as electric power regulatory agencies) shall impose administrative penalties on violations of electric power supervision laws, regulations and rules (hereinafter referred to as illegal acts) within the scope of their duties, and these provisions shall apply.
Article 3 The power regulatory agency shall impose administrative penalties on the basis of laws, regulations and rules.
If there is no statutory basis or fails to comply with the statutory procedures, the administrative penalty shall be invalid.
Article 4 The parties shall have the right to make representations and defenses for administrative penalties imposed by the power regulatory agencies; those who are dissatisfied with administrative penalties shall have the right to apply for administrative reconsideration or file an administrative lawsuit according to law.
If the party concerned is harmed by an administrative punishment imposed by the power regulatory agency in violation of the law, the party has the right to file a claim for compensation according to law.
Chapter II Jurisdiction
Article 5 Administrative penalties shall be under the jurisdiction of the Municipal Supervision Office of the Regional Supervision Bureau of the State Electricity Regulatory Commission (hereinafter referred to as the Municipal Electricity Regulatory Office) where the illegal act occurs. If the city electricity supervision office is not established, it shall be under the jurisdiction of the Regional Electricity Regulatory Commission of the State Electricity Regulatory Commission (hereinafter referred to as the Regional Electricity Regulatory Bureau).
The Regional Electricity Regulatory Bureau is responsible for administrative penalties for illegal activities in the autonomous regions and municipalities directly under the Central Government.
The State Electricity Regulatory Commission (hereinafter referred to as the Electricity Regulatory Commission) is responsible for administrative penalties for violations that have a significant impact across regions or across the country. The administrative penalty for revoking the power business license shall be implemented by the SERC.
Article 6 Where the District Electricity Regulatory Bureau or the Municipal Electricity Regulatory Office has a dispute over the administrative penalty jurisdiction, the SERC shall appoint a jurisdiction.
When the power regulatory agency finds that the illegal case is not under its jurisdiction, it shall transfer the power regulatory agency with jurisdiction. If the transferred power regulatory agency considers that the transfer case is not under its jurisdiction, it may not transfer it by itself, and the power regulatory commission shall appoint a jurisdiction.
Article 7 The SERC may, if it deems it necessary, directly investigate and deal with illegal acts that have significant influence in the jurisdiction of the District Electricity Regulatory Bureau or the Municipal Electricity Regulatory Office, or designate the District Electricity Regulatory Bureau or the Municipal Electricity Regulatory Office to investigate and deal with it by the SERC. Investigate the illegal act.
If the District Electricity Regulatory Bureau or the Municipal Electricity Regulatory Office believes that the illegal acts that should be investigated and dealt with by them are serious and have major influence, they may request the SERC to investigate and deal with them.
Chapter III Summary Procedure
Article 8 If the illegal facts are conclusive and have a statutory basis, if the individual imposes a fine of 50 yuan or less, or imposes a fine of 1,000 yuan or less on the enterprise engaged in the electric power business or the power dispatching and trading institution, the electric power regulatory agency shall be engaged in on-site law enforcement. (hereinafter referred to as law enforcement officers) can make administrative punishment decisions on the spot.
On the spot, the administrative penalty decision is made. In one of the following circumstances, law enforcement officers can collect the fine on the spot:
(1) A fine of not more than 20 yuan is granted according to law;
(2) It is difficult to implement after the event is not collected on the spot.
Article 9 Where a law enforcement official makes an administrative punishment decision on the spot, he shall present the power supervision and enforcement certificate to the party concerned and fill out the administrative punishment decision letter. The administrative penalty decision letter shall be delivered to the party on the spot.
The administrative punishment decision prescribed in the preceding paragraph shall specify the parties' illegal acts, the basis of administrative punishment, the amount of fines, the time, place and the name of the power regulatory agency, and shall be signed or sealed by law enforcement officials.
Law enforcement officers who make administrative punishment decisions on the spot must report to their respective power regulatory agencies for filing at the latest within 5 days.
Article 10 Before making an administrative punishment on the spot, law enforcement officers shall inform the parties of the facts of the violation of the law, the reasons and basis for the administrative punishment, and inform the parties of their rights under the law.
Chapter IV General Procedures
Section 1 Filing and Investigation
Article 11 In addition to making administrative penalties on the spot in accordance with these Provisions, if the power regulatory agency discovers suspected illegal acts and meets the following conditions, it shall file a case:
(1) There are clear suspects who violate the law;
(2) having illegal facts;
(3) Administrative punishment shall be given according to law;
(4) Belonging to the jurisdiction of this institution.
Article 12 The relevant regulatory authorities of the electric power regulatory agency shall conduct preliminary inspections in the course of conducting daily supervision and inspection or handling cases transferred by other organs, and discovering suspected illegal acts. After preliminary verification, if the suspected illegal act meets the conditions stipulated in Article 11 of these Provisions, it shall submit a proposal for filing a case, and send it to the inspection department of the power regulatory agency (hereinafter referred to as the inspection work department) for review, and the project shall be approved by the person in charge of the power regulatory agency. .
The inspection work department shall find that the suspected illegal act in accordance with the conditions stipulated in Article 11 of these Provisions shall be verified and approved by the person in charge of the power regulatory agency.
The date of filing is the date of approval of the person in charge of the power regulatory agency.
Article 13 The inspection work department shall organize an investigation into the suspected illegal acts that have been filed.
The investigation should be comprehensive, objective and fair, so that the facts are clear and the evidence is conclusive and sufficient.
Article 14 The investigation shall collect the original or original of the relevant evidence. If it is impossible to collect the original or the original for objective reasons, or if it is difficult to collect the original or the original, you may collect copies, duplicates, transcripts, partial samples or proof of the original or original with the original and the original. Other evidence such as photos, videos, etc.
Article 15 In the course of investigation, if the inspection work department discovers suspected illegal activities other than the cause of the case, it shall promptly report to the person in charge of the power regulatory agency to decide whether to investigate the newly discovered suspected illegal acts.
Article 16 When the investigation is completed, the inspection work department shall submit an investigation report. The investigation report shall include the basic information of the parties involved, the facts and evidence verified by the investigation, the qualitative opinions on the suspected illegal acts, the handling suggestions and the legal basis.
Article 17 The investigation shall be terminated within 60 days from the date of approval of the case. If the case is complicated and cannot be terminated within 60 days, it can be extended for 30 days with the approval of the person in charge of the power regulatory agency.
Article 18 The inspection work department shall, within 10 days from the end of the investigation, submit the investigation report, relevant evidence and other relevant materials to the legal department of the power regulatory agency (hereinafter referred to as the legal work department) for review.
Article 19 Where a case has been transferred to a case examined by the legal work department and the legal work department requests additional investigation or re-investigation, the inspection work department shall promptly organize supplementary investigation or re-investigation. Supplementary investigations or re-investigations shall be completed within 30 days from the date of the investigation of the legal work department.
Section II Review and Decision
Article 20 The legal work department shall examine the investigation report, relevant evidence and other relevant materials transferred by the inspection work department. The review includes the following:
(1) Whether the facts are clear;
(2) Whether the evidence is conclusive and sufficient;
(3) Whether the qualitative is accurate;
(4) Whether the investigation procedure is legal;
(5) Whether the applicable laws, regulations and rules are correct;
(6) Whether the proposal is appropriate.
Article 21 After the examination of the legal work department is completed, an examination report shall be issued. The review report shall be submitted in accordance with the following provisions:
(1) The facts are clear, the evidence is conclusive, sufficient, accurate and accurate, the procedures are legal, the applicable laws, regulations and rules are correct, and the types and scope of punishments are appropriate. The examination and approval opinions are submitted and sent to the Administrative Punishment Committee for decision;
(2) The facts are clear, the evidence is conclusive, sufficient, and the procedures are legal, but if the rules are not accurate, the applicable laws, regulations and rules are wrong, and the types or extents of the punishments are improper, the review and revision opinions are submitted and sent to the Administrative Punishment Committee for decision;
(3) If the facts are unclear, the evidence is insufficient, and the procedure is not legal, corrective opinions are submitted, and the inspection department is returned to the investigation department for re-investigation or supplementary investigation.
Article 22 The examination shall be completed within 30 days from the date of transfer of the case by the inspection department. If it cannot be reviewed within 30 days, it may be extended for 30 days with the approval of the person in charge of the power regulatory agency.
Article 23 The power regulatory agency shall establish an administrative punishment committee to be responsible for making administrative punishment decisions.
The Administrative Punishment Committee is composed of the person in charge of the electric power regulatory agency, the person in charge of the inspection work department, the person in charge of the legal work department, and the person in charge of other relevant regulatory departments.
The Administrative Punishment Committee establishes an office and is responsible for the daily affairs of the Administrative Punishment Committee.
Article 24 The Administrative Punishment Committee shall examine the investigation report submitted by the inspection work department, the examination report submitted by the legal system department and other materials, and make the following decisions according to different situations:
(1) If there are any illegal acts that should be subject to administrative punishment, the administrative punishment decision shall be made according to the seriousness of the circumstances and the specific circumstances;
(2) If the illegal act is minor and the administrative punishment may not be imposed according to law, no administrative punishment shall be imposed;
(3) No administrative penalty may be imposed if the illegal facts cannot be established;
(4) If an illegal act constitutes a crime, it shall be transferred to the judicial organ.
Article 25 If the Administrative Punishment Committee makes an administrative punishment decision, it shall be signed by the person in charge of the power regulatory agency to produce an administrative penalty decision. The administrative penalty decision letter shall specify the following items:
(1) the name or address of the party;
(2) facts and evidence in violation of laws, regulations or rules;
(3) The type and basis of administrative punishment;
(4) The manner and time limit for the execution of administrative penalties;
(5) Ways and deadlines for applying for administrative reconsideration or filing an administrative lawsuit for dissatisfaction with administrative punishment decisions;
(6) The name of the electric power regulatory agency that made the administrative penalty decision and the date on which the decision was made.
The administrative penalty decision must be stamped with the seal of the power regulatory agency that made the administrative penalty decision.
Article 26: Before making an administrative punishment decision, the power regulatory agency fails to inform the parties of the facts of the law, the reasons and basis for the administrative punishment, or refuses to hear the statement or defense of the party; the administrative punishment decision cannot be established; Except for statements or defense rights.
Article 27 The administrative punishment decision made by the power regulatory agency may be announced to the public.
Third quarter hearing
Article 28 Before the administrative punishment committee makes an administrative punishment decision such as revoking the power business license and a large amount of fines, it shall inform the parties of the right to request a hearing; if the parties request a hearing, the power regulatory agency shall organize the hearing.
The large amount of fines mentioned in the preceding paragraph refers to a fine of more than 5,000 yuan for individuals, and a fine of more than 500,000 yuan for enterprises engaged in power business and power dispatching and trading institutions.
Article 29 The hearing shall be organized within 20 days after the parties request the hearing. The Administrative Punishment Committee shall hold a hearing and shall appoint a member of the Administrative Punishment Committee who is not the investigator of the case to preside.
Article 30 After the hearing is over, the Administrative Punishment Committee shall make a decision in accordance with the provisions of Article 24 of these Provisions.
Chapter V Supplementary Provisions
Article 31 Matters not covered in these Provisions shall be implemented in accordance with the relevant provisions of the State.
Article 32 These Provisions shall come into force on April 1, 2006.
Office of the Electricity Regulatory Commission
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
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