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[Interpretation of the Special Equipment Safety Law] Article 59

2021-04-09View Original

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Article 59: When handling the permits stipulated in this Law, the departments responsible for the safety supervision and management of special equipment must make their procedures for acceptance, examination, and granting of permits transparent. They shall issue a decision on whether to grant or deny the permit within 30 days from the date of accepting the application; If permission is not granted, the reasons shall be explained in writing to the applicant. Interpretation of the provision: This article sets out the procedural requirements for the departments responsible for the safety supervision and management of special equipment when handling the administrative licensing matters stipulated in this law. 1. The procedures for acceptance, examination, and approval must be transparent. The procedures for administrative licensing refer mainly to the steps involved and the methods adopted in carrying out administrative licensing actions. A list of all materials to be submitted as part of the process, along with sample application forms, are displayed at the office. If the applicant requests the special equipment safety supervision and management department to provide explanations regarding the content of the public announcement, such department shall give those explanations and provide accurate and reliable information. The procedures for administrative licensing generally include the following: (1) Submission of an application for administrative licensing. Administrative licensing is an administrative act that is based on an application; without an application from the applicant, the authority responsible for granting licenses cannot take action to issue such licenses on its own initiative. Applications for administrative permits should generally be submitted in written form or in a format that complies with the provisions of the Administrative Permit Law. The application for administrative licensing shall meet the requirements of the public announcement model text. An application for administrative permission is a legal act; when an applicant submits such an application, the department responsible for the supervision and management of safety in relation to special equipment must examine the application and make a decision on whether to grant permission within the statutory time limit. (II) Acceptance of administrative license applications. Upon receiving the application for administrative permission submitted by the applicant, the department responsible for the safety supervision and management of special equipment shall examine the application and decide whether to accept it. The main aspects considered in the application review include whether the matter in question falls under the jurisdiction of this authority, whether the applicant meets the statutory requirements, and whether the application form and other documents meet the specified standards, among others. The safety supervision and management department for special equipment that meets the requirements shall accept it ; If the application does not meet the requirements, the applicant shall make corrections or additions; if such corrections or additions are not possible, the department responsible for the supervision and management of special equipment safety shall refuse to accept the application and inform the applicant in writing. (III) Examination of administrative licenses. After accepting the applicant’s application for a permit, the department responsible for the safety supervision and management of special equipment must conduct a review within the specified time frame and decide whether to grant or deny the permit. The review following acceptance is a substantive examination of the license application, which requires on-site verification. That is, during the appraisal and evaluation, it must be carried out by a specialized institution in accordance with relevant regulations. The contents of this appraisal and evaluation focus on whether the applicant’s actual conditions, technical capabilities, equipment status, and management level meet the statutory requirements and are consistent with the information provided in the application. The verification and review of substantive content shall comply with the relevant provisions of the Administrative License Law. The department responsible for the safety supervision and management of special equipment shall, based on the on-site assessment and evaluation, issue a decision granting permission if it determines that the applicant meets the legal requirements, and shall issue the administrative license in accordance with the provisions of the Administrative License Law. For those that do not meet the statutory requirements, a written decision denying approval shall be issued to the applicant within the statutory time limit, stating the reasons and informing the applicant of their rights to seek litigation or reconsideration. Administrative licensing procedures and decisions shall be made public, and the public has the right to access them. II. The department responsible for the safety supervision and management of special equipment shall issue a decision regarding approval or denial within 30 days from the date of receiving the application; this is a requirement regarding the time frame for granting approvals and represents a concrete manifestation of the principle of administrative efficiency. The 30-day period specified in these regulations begins to count from the date when the department responsible for the safety supervision and management of special equipment receives the application, conducts a formal review, and determines that it meets the requirements, thereby deciding to accept it officially. The 30th day does not include the time required by law for higher authorities to provide their opinions and for on-site evaluation of the applicant. The 30 days referred to in this law mean 30 working days.

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