Administration reconsiders decision book
(fine jade) qualitative inspect answer definitely 2018 〕 of word 〔 4
Applicant: Hainan geology property runs limited company
Address: Edifice of 88 land mine adds the Sha Lu austral big talk city building
Legal representative: Xie Zhijiang post: General manager
By the applicant: Hainan saves supervisory bureau of technology of big talk quality
Address: Yi Longdong district of city of Hainan province big talk 58
Legal representative: King rank post: Director
The applicant refuses to obey be made by the applicant (the sea) qualitative inspect punishs a word [punishment of the 10th administration decides 2018] , put forward administration to reconsider application to this bureau, this administration punishment decides request cancel. This bureau is accepted lawfully, try now terminative.
The applicant says:
One, go up objectively the applicant is nonexistent did not have comprehensive examination to elevator, eliminate accident hidden danger, the behavior that continues to use. 1, the contract agreement that applicant and elevator dimension protect a company, elevator dimension protects every company month to be offerred twice to elevator routine is checked in the round and maintain, and basis " elevator care and maintenance is recorded " and " collect inlet elevator to maintain a daily record " show, elevator is not put in great quality problem in use process, the applicant already had become the responsibility that daily elevator manages. 2, two breakdown fasten different account to bring about. (1) because resident decorates crack up hallway to bring about,malfunctioning for the first time is, the applicant is answered actively after breakdown happens, via already was being used normally after maintenance. Protect a company to examine a case as to elevator dimension, remove the issue such as hidden trouble program, it is professional technology issue, answer to protect a company to be in charge of by dimension, have nothing to do with the applicant's duty, cannot reach accordingly more the conclusion of applicant deregulation. (2) department of the 2nd breakdown brings about elevator switch because of pit moisture the contact is undesirable, elevator protection is started by oneself. On July 17, 2017 - area of 18 days of big talk has thunder shower all the time, accordingly elevator pit moisture brings about elevator 2 times breakdown, belong to force majeure element. When seeing breakdown happening twice, the applicant fulfils obligation already actively, nonexistent did not have comprehensive examination to elevator, eliminate accident hidden danger, the behavior that continues to use.
2, subjective go up the applicant is nonexistent to turn a blind eye to of elevator hidden trouble, what do not add processing is intended. The applicant has been fulfilled " law of safety of special type equipment " the duty of the 42nd regulation. Nonexistent elevator malfunctions, do not sign up for long continue to use namely, nonexistent also know perfectly well elevator breakdown not what repair still continues to use is subjective and intended.
3, the applicant is a miniature enterprise, accord with standard of small small company, main management Hainan visits the worker inside project of geological bureau the people's livelihood and service bureau. Gain is meager, lack pays high specified number amerce ability.
Be weighed by the applicant:
One, applicant illegal fact is clear, evidential authentic.
On July 18, 2017, 19, by the applicant execute the law personnel is received 12345 complain, to Long Hua twice area gold road collects inlet village 36 numbers to undertake checking, examination spot executes the law personnel attune takes this village 2 monitoring video of an elevator, discover this ladder on July 17, 18 days produce unusual situation twice. The applicant is after elevator happening first time is unusual on July 17, did not have comprehensive examination to this elevator lawfully, eliminate accident hidden trouble to continue to use, happen the 2nd times till July 18 unusual hind, just change the relevant fittings of relevant elevator.
" law of safety of ad hoc equipment " the 42nd specific provision, "Occurrence malfunction of special type equipment perhaps produces unusual situation, special type equipment uses an unit to ought to have comprehensive examination to its, eliminate accident hidden danger, fangke continues to use. " in this case, use an unit as elevator, the applicant is after elevator happening first time is unusual on July 17, safe administrator is not present supervise, check solid thinking to protected a company to whether have comprehensive examination to this ladder, eliminate accident hidden danger (and this job also did not witness Yu Weibao to record) .
Execute the law personnel discovers at the spot was checked on July 18, 2017, the dimension of this elevator protects a record to go up to did not undertake discharging the record that examine in the round to two breakdown, this company refers on July 17, two 18 days " elevator breakdown maintenance log is expressed " department after the event should execute the law personnel asks to rectify and reform fill those who fill. Special those who put forward is, by the applicant on July 21, 2017, the relevant personnel that protected limited company of elevator of unit Hainan De Sen to the dimension of this breakdown elevator on August 28, 2018 undertakes investigating checking solid, this breakdown elevator malfunctioned on July 17, 2017 hind, dimension protects personnel to bump the trouble that cause to undertake handling to sufferring because of elevator shaft door only, did not undertake discharging checking to other part, do not have right hole bumper switch to undertake discharging checking more, and the following day will malfunction to have because of switch of ground hole bumper just about on July 17 rusty.
The applicant that uses an unit as elevator was not in after elevator happening is unusual take safeguard stopping ladder for a short while, the elevator when dimension protects a company to reach the spot is taking breakdown to move all the time. The safe administrator of the company is not present also supervise, check solid thinking to protected a company to whether have comprehensive examination to this ladder, eliminate accident hidden danger. Because this uses an unit to was not fulfilled correctly in fact its are legal and compulsory and continue to use this elevator, will happen the 2nd times on July 18 till this elevator unusual hind just change the relevant fittings of relevant elevator. The applicant's behavior was disobeyed apparently " law of safety of ad hoc equipment " the 42nd regulation.
The evidence that proves afore-mentioned facts has the spot to note, investigation notes, the accredit a power of attorney of spot photograph, applicant, business charter.
2, by program of applicant administration punishment lawful, applicable law reduces an amount according to accurate, punishment proper.
In this case, be in to be opposite by the applicant in applicant punishment process, made be informed before investigation, punishment lawfully, listened to averment opinion of the applicant, punishment of administration of final make known to lower levels decides a book, punish the program that sets according to law to undertake. By applicant basis illegal fact of the applicant, act on education and the principle that punishment integrates, according to " law of safety of special type equipment " 84 the 2nd regulation, give light punishment money 30 thousand yuan to its. Condemnable money amount has been to be inside legal scope lowest.
The place on put together is narrated, the applicant violates a fact authentic of clear, evidence, by program of administrative punishment action lawful, basis is accurate, reduce an amount proper.
Find out via cognizance:
On December 10, 2016, applicant and limited company of elevator of Hainan De Sen are signed " elevator maintenance contract " , agreement: "Right afore-mentioned (collect village of inlet apartment worker 1, 2, 3, 4 buildings) elevator Party B (limited company of elevator of Hainan De Sen) be in charge of be being offerred according to national regulation maintain the examination project that supervisory bureau of service and technology of Hainan province quality asks, offer routine every months 2 times to maintain to elevator, had made adjust a record. Had made adjust a record..
On July 17, 2017 14: 27 the left and right sides, the Jin Panlu of big talk city of applicant management collects village of inlet apartment worker 36 numbers 2 1 date elevator at happening unusual, 14: The property administrator of respect of 32 or so applicant made the mobile telephone of staff member of limited company of elevator of Hainan De Sen. Dimension of elevator of limited company of elevator of Hainan De Sen protects personnel immediately to hurry to the spot, decide breakdown department suffers because of elevator shaft door bump be caused by, undertook corresponding processing, after this elevator restores to use. On July 18, 2017 7: 37 or so this elevator happens again unusual, 7: The property administrator of respect of 45 or so applicant made 24 hours of service lift of limited company of elevator of Hainan De Sen. Dimension of elevator of limited company of elevator of Hainan De Sen protects personnel immediately to hurry to the spot, via checking discovery switch of ground hole bumper rusts, henceforth replaced the relevant fittings of elevator, removed trouble.
On March 9, 2018, be made by the applicant " administrative punishment decides a book " ((the sea) qualitative inspect punishs a word [2018]10 date) , according to " law of safety of equipment of special type of People's Republic of China " the administrative punishment that the 84th regulation gives an applicant to fine 30000 yuan.
The unit name that during reconsidering, the applicant provided a Hainan to save bureau of social insurance career to issue is " Hainan geology property runs limited company " " ginseng of insurance of Hainan province society protects personnel register " , 63 people are shared on this register. Via checking " national statistic bureau go up about statistic of print and distribute big in small miniature enterprise differentiates the announcement of method " concerned property runs kind of enterprise dimensions level, the applicant belongs to small small company.
Other classics is searched, did not search an applicant at present other the record that violates compasses, violate the rules and regulations.
This bureau thinks:
Be made by the applicant (the sea) qualitative inspect punishs a word [the specific administration action that punishment of 2018]10 date administration decides, cognizance fact program of clear, administration of clause of lawful, law applicable also do not have undeserved, but did not carry out fulfil " the executive opinion that government of Hainan province people admits about supporting health of small small company further " " execute small small company to violate compasses early-warning system first. Because blame of small small company is subjective intended, did not cause those who endanger consequence to violate act of compasses, violate the rules and regulations first, wu of industrial and commercial, duty, qualitative inspect, medicine inspect, environmental protection, safety is superintended, the administration such as fire control, city government executes the law the branch is executed " condemnatory early-warning " system, the enterprise corrects in time, do not grant investigation of put on record and administrative punishment. (responsibility unit: Save bureau of tax of land of bureau of industrial and commercial bureau, the tax that save a country, province, province to pledge medicines and chemical reagents of food of inspect bureau, province superintends safety of bureau, province the bureau) " regulation.
Basis " administration of People's Republic of China reconsiders a law " the 28th the first (3) regulation, this bureau decides: Cancel (the sea) qualitative inspect punishs a word [2018]10 date administration punishs a decision.
If the applicant refuses to obey to this decision, since the day that can decide a book originally at receiving administrative lawsuit mentions to people court lawfully inside 15 days.
On August 16, 2018
