I. Scope of Reconsideration
The client may raise an application to the municipal
Environment Protection Bureau for reconsideration
of any of the following administrative conducts
made by the branch bureaus of Doumen County Environment
Protection Bureau, Xiangzhou District Environment
Protection Bureau or Xicheng District Branch Bureau
of the municipal EPB:
(I) Decision on administrative punishment;
(II) Decision on execution of implementing control
programs within specified time limits;
(III) Decision on the issue of License for Discharging
Contaminants;
(IV) Decision on examination and approval of infrastructure
projects;
(V) Decision on examination and approval of industrial
projects;
(VI) Decision on examination and approval of tertiary
industry projects;
(VII) Decision on the issue of license for constructional
operations of environment protection facilities;
(VIII) Decision on check and acceptance of pollution
prevention facilities;
(IX) Decision on tolling of contaminants discharge
payments by municipal Environment Monitoring &
Survey Office;
(X) Any other miscellaneous behaviors or conducts
that infringe the lawful rights of the clients.
The client may raise the application for examination
and verification on the rules or regulations on
the basis of which the practical administrative
conducts are made by the environment protection
organizations (The targeted issues subject to
examination and verification under application
do not include the laws, decrees, and regulations).
II. Approaches of Reconsideration:
In written or oral form
III. Time Limits for Application of Reconsideration:
Within 60 days after being informed of the practical
administrative conducts
IV. Information Materials to Be Submitted
(I) Letter of Application for Reconsideration
of Administrative Decisions;
(II) Documents through which the administrative
authorities make the practical administrative
conducts;
(III) Personal information about the client (corporate
business license, personal ID, letter of authorization
for the agents);
(IV) The client should submit certificate to prove
that the overdue of the time limits is due to
forces majeure of other proper reasons.
VI. Procedures for Reconsiderations:
(I) The client shall make the application within
60 days after the practical administrative conducts
are made. In the letter of application, the demand
for state compensation may be raised as well;
(II) The municipal Environment Protection Bureau
shall determine whether or not to accept the application
within 3 working days after receiving the related
information papers, and then inform the client
of the decision. If the application is not to
be accepted, the notification should be made in
written form;
(III) The municipal Environment Protection Bureau
shall deliver the duplicated copy of the letter
of reconsideration or the Xeroxed copy of the
written records to the client within 3 working
days after accepting the application;
(IV) If there is a third party involved, the municipal
Environment Protection Bureau shall notify the
third party as well;
(V) The person subject to the issue under application
shall make a written reply within 10 days after
receiving the related papers, and hand in the
evidences, references and other related information
materials on the basis of which the practical
administrative conducts are made;
(VI) The third party shall make a comment within
10 days after receiving the related information
materials;
(VII) The municipal Environment Protection Bureau
shall make examination and verification on the
evidences, references and other related information,
review the lawfulness and rationality of the practical
administrative conducts and notify the clients
for court examination if necessary. The municipal
Environment Protection Bureau may also go to the
locale for field survey and investigation;
(VIII) In the case that the applicant proposes
a verification on the regulatory documents and
that the Environment Protection Bureau has the
authority to handle such cases, the EPB shall
handle these cases within 15 days. If the EPB
does not have the authority to hand the cases,
they will be handed over within 7 days to the
organizations that have such authority who will
handle the cases within 60 days;
(IX) In the process of reconsideration, the municipal
EPB, if the applied regulatory document is deemed
to be illegal, the case will be handled within
15 days if the EPB has the authority of handling.
For the cases that the EPB does not have the authority
to handle, they will be handed over within 7 days
to the organization with such authority;
(X) During the process of handling the regulatory
documents, the procedures of reconsideration shall
be suspended, which will not be resumed until
the handling of the regulatory documents is completed
or the time limit expires;
(XI) The municipal EPB shall make a decision on
the reconsideration within 30 days after accepting
the application, and delivery the decision to
the client (except for the cases that the law
terms specify that the time limit for reconsideration
of administrative issues is less than 60 days).
If the case is of a complicated nature, the time
limit can be postponed for a maximum period of
30 days, with the approval of the responsible
person of the EPB.
VII. Result of Reconsideration:
(I) If the facts are explicit, the procedures
are lawful, the applied law terms are correct
and proper, the original decision will be maintained;
(II) In the case that the person subject to issued
under application fails to implement the legal
liabilities, the decision shall be implemented
within a specified time limit;
(III) The decision is to be altered;
(IV) The decision is cancelled and the person
subject to the issue under application shall be
ordered to make practical administrative conducts
within a specified time limit;
(V) The decision is confirmed to be illegal and
the person subject to the issue under application
shall be ordered to make practical administrative
conducts within a specified time limit.
VIII. Rights of the Client
(I) The right to read and check into the related
information materials;
(II) The right to withdraw the case, or to withdraw
the application for reconsideration;
(III) The right to refuse retaking evidences;
(IV) The right to apply for suspension of the
execution of practical administrative conducts;
(V) The right to apply for state compensations;
(VI) The right to start lawsuits;
(VII) Miscellaneous rights specified by the related
laws.
IX. Acceptance and Undertaking of Reconsideration
Location of case acceptance: Business Reception
Office of Zhuhai Environment Protection Bureau
(Tel: 2121405)
Address : No. 11, Haibing N. Road, Xiangzhou District,
Zhuhai
Department handling cases: Policy, Law and Regulation
Section
Inquiries: 2121402 Fax: 2218740
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