Cement Net Exclusive: Provisions on Administrative Penalties for Illegal Acts Should Be Published in Accordance with Regulations

Recently, our website published a piece of information that a subsidiary of Huaxin Building Materials was fined 424000 yuan. (For details, see: a subsidiary of Huaxin Building Materials was fined 424,000 yuan .)

The Administrative Penalty Law stipulates that administrative organs shall, according to the seriousness and specific circumstances of the case, make administrative penalty decisions and impose administrative penalties on those who have committed illegal acts that should be subject to administrative penalties. A written decision on administrative penalty shall be made. In the form of decision for administrative penalty shall be clearly recorded the following items:

(1) the name and address of the party;

(2) the facts and evidence of the violation of laws, regulations and rules;

(3) the type of and basis for the administrative penalty;

(4) The method and time limit for enforcing the administrative penalty;

(5) The channel and time limit for applying for administrative reconsideration or bringing an administrative lawsuit;

(6) The name of the administrative organ that makes the decision on the administrative penalty and the date of making the decision.

It can be seen that illegal facts and evidence are the important contents that should be specified in the decision on administrative penalty. The contents stated in the column of "Illegal Facts" of the administrative penalty document No.2026

of Huaxin Cement (Xiangyang) Co., Ltd. are completely consistent with those stated in the column of "Types of Illegal Acts". They all violate the provisions of Article 19, paragraph 1, of the Regulations on Environmental Protection Management of Construction Projects.

After investigation, the first paragraph of Article 19 stipulates that construction projects that prepare environmental impact reports and environmental impact reports can be put into production or use only after their supporting environmental protection facilities have been checked and accepted as qualified; those that have not been checked and accepted or failed to pass the acceptance shall not be put into production or use.

The illegal facts shall specify: what kind of construction project it is, whether the environmental impact assessment is a report or a report form and the relevant document number, when it is completed, when it is put into production without passing the acceptance, how long the illegal act lasts, the seriousness of the violation and the specific circumstances, etc. It is too "rough" to take the violation of a certain provision as a "fact"

in the determination of the illegal facts in the administrative penalty documents of the administrative department!