Sister Wen Rong.
About Environmental Administrative Reconsideration
In order to standardize the administrative reconsideration work of the administrative department of environmental protection, resolve administrative disputes, and protect the legitimate rights and interests of citizens, legal persons and other organizations, the state has formulated the "Measures for Environmental Administrative Reconsideration" and other laws and regulations.
Environmental administrative reconsideration refers to an administrative act in which a citizen, legal person or other organization considers that a specific administrative act of the administrative department of environmental protection infringes upon its legitimate rights and interests, and submits an application for administrative reconsideration to the administrative department of environmental protection in accordance with the law, and the administrative reconsideration organ examines the specific administrative act in accordance with the law and makes an administrative reconsideration decision.
Environmental administrative reconsideration
1. Applicants for environmental administrative reconsideration and time limit:
Citizens, legal persons or other organizations that believe that a specific administrative act of the administrative department in charge of environmental protection infringes upon their legitimate rights and interests may submit an application for environmental administrative reconsideration within 60 days from the date on which they become aware of the specific administrative act;However, there is no case where the application period prescribed by law exceeds 60 days.
Where the statutory application time limit is delayed due to force majeure or other legitimate reasons, the application time limit shall continue to be calculated from the date on which the obstacle is removed.
2. Application conditions for environmental administrative reconsideration:
01. The applicant is the counterpart who believes that the administrative act infringes upon his legitimate rights and interests;
02. There is a clear respondent;
03. There is a specific request for reconsideration and factual basis;
04. It is within the scope of applying for administrative reconsideration in accordance with the law;
05. The corresponding administrative reconsideration application is under the jurisdiction of the organ accepting the administrative reconsideration;
06. The application period shall not exceed 60 days;
07. Comply with other conditions stipulated by laws and regulations.
3. Scope of application for environmental administrative reconsideration:
01. Refusing to accept administrative compulsory measures such as sealing or seizing property made by the administrative department in charge of environmental protection;
02. Refusing to accept administrative punishment decisions such as warnings, fines, orders to stop production or use, temporary seizure, revocation of licenses, confiscation of illegal gains, etc., made by the competent administrative department for environmental protection;
03. If it is deemed that it meets the statutory conditions, it applies to the administrative department of environmental protection for the issuance of licenses, qualification certificates, qualification certificates and other certificates, or applies for approval, registration and other related matters, and the administrative department of environmental protection does not handle it in accordance with law
04. Dissatisfied with the decision of the administrative department of environmental protection on the change, suspension, revocation or cancellation of permits, qualification certificates, qualification certificates and other certificates;
05. Where it is found that the administrative department in charge of environmental protection has illegally collected pollutant discharge fees or illegally required the performance of other obligations;
06. Where it is found that other specific administrative acts of the administrative department in charge of environmental protection infringe upon their lawful rights and interests.
4. Circumstances in which an application for environmental administrative reconsideration is not accepted:
01. The time for applying for administrative reconsideration exceeds the statutory time limit for application and there is no legal justifiable reason;
02. Dissatisfied with the mediation or other handling of civil disputes such as liability and compensation amount for environmental pollution damage made by the administrative department of environmental protection;
03. The applicant has applied to other administrative reconsideration organs for administrative reconsideration or has filed an administrative lawsuit with the people's court before applying for administrative reconsideration, and other administrative reconsideration organs or people's courts have accepted it in accordance with law
04. Other circumstances of inadmissibility as stipulated by laws and regulations.
5. Application method for environmental administrative reconsideration:
01. Written application: If the applicant applies for administrative reconsideration in writing, he or she may submit the application for administrative reconsideration and relevant materials by means of face-to-face, mail or fax. If it is submitted by fax, the original application for administrative reconsideration and relevant materials shall be submitted in a timely manner, and the time limit for examination shall be calculated from the date of receipt of the original application for administrative reconsideration and relevant materials.
02. Oral application: If the applicant applies orally, he or she shall file it in person with the environmental administrative reconsideration agency, and the environmental administrative reconsideration agency shall make an oral application for administrative reconsideration record on the spot, and the applicant shall sign and confirm it after checking it.
6. Application materials for environmental administrative reconsideration:
01. The administrative reconsideration application and the oral application for administrative reconsideration shall contain the following matters:
1) The basic information of the applicant, including: the name, gender, age, work unit, address, ID number, postal code, contact ** of the citizen, the name, address, postal code, contact ** of the legal person or other organization, and the name and position of the legal representative or the main person in charge;
2) the name of the respondent;
3) The request for administrative reconsideration, the main facts and reasons for applying for administrative reconsideration;
4) Signature or seal of the applicant;
5) The date of the application for administrative reconsideration.
02. Applicant's identity certificate:
1) Citizens: Resident ID card or household registration booklet and its photocopy;
2) Legal person or other organization: a copy of the business license and its copy;Identification materials of the legal representative (person in charge);
03. Relevant supporting materials to prove the existence of specific administrative acts;
04. If you entrust others to handle it, you must submit the power of attorney for administrative reconsideration and the identity certification materials of the entrusting person
05. Other supporting materials related to the case.
Note: Due to different local policies, the required materials may be different, and the specific requirements of the local competent authorities shall prevail.
7. Application process for environmental administrative reconsideration:
01. Application:
Where citizens, legal persons, or other organizations believe that a specific administrative act of the competent administrative department for environmental protection infringes upon their lawful rights and interests, they may submit an application for administrative reconsideration and submit the corresponding materials within 60 days from the date on which they become aware of the specific administrative act.
02. Acceptance:
After receiving the application for administrative reconsideration, the environmental administrative reconsideration organ shall conduct a review within 5 working days, make a decision on whether to accept or not accept the application for reconsideration, and inform the applicant.
03. Trial:
1) The environmental administrative reconsideration agency shall, within 7 working days from the date of accepting the application for administrative reconsideration, prepare a notice of reply to the administrative reconsideration. The notice of reply to administrative reconsideration, a copy of the application for administrative reconsideration or a copy of the record of the oral application for administrative reconsideration, as well as copies of the evidence submitted by the applicant and relevant materials, shall be served on the respondent at the same time.
2) The respondent shall, within 10 days from the date of receipt of the notice of reply to the administrative reconsideration, submit a reply to the applicant's request for reconsideration, facts and reasons, and submit the evidence, basis and other relevant materials for the specific administrative act for which the application for reconsideration was made.
3) The environmental administrative reconsideration agency shall conduct a comprehensive review of the specific administrative acts and the facts and normative documents on which the specific administrative acts are based.
04. Decision:
1) Time limit for decision: The environmental administrative reconsideration organ shall make an administrative reconsideration decision within 60 days from the date of acceptance of the administrative reconsideration application. If the situation is complicated and an administrative reconsideration decision cannot be made within the prescribed time limit, it may be appropriately extended with the approval of the person in charge of the environmental administrative reconsideration organ, but the extension period shall not exceed 30 days.
2) Decide the type: generally have a time limit to perform;Maintain;Change;Revocation;Confirmation of violation.
3) Service of decision: After the environmental administrative reconsideration organ makes an administrative reconsideration decision, it shall prepare an administrative reconsideration decision, which can be served by direct service, service by lien, service by entrustment, service by mail, service by transfer, service by announcement, etc.
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