Several time limits related to food and drug administrative penalties

We are exposed to many time limit concepts in the process of drug administrative penalties, but in the actual process, some people do not strictly follow the prescribed time limits To deal with the problem, our administrative actions violate the time limit, which is illegal. Therefore, this should attract sufficient attention. Now, some time limits encountered in the actual inspection work are summarized as follows according to the "Regulations on Administrative Punishment Procedures for Drug Supervision":

1. If an illegal act is found to meet the following conditions, the case shall be filed within 7 working days: 1. There is a clear suspect of the violation; 2. There are objective illegal facts; 3. It is subject to administrative penalties for drug supervision and management. Scope; 4. It falls under the jurisdiction of this department.

2. The administrative agency shall make an administrative penalty decision within three months from the date of filing the case.

3. The inspection shall make a decision on the disposal of items registered and preserved in advance within 7 days. For sealed or detained items, a decision should be made within 7 days on whether to file a case; if inspection is required (within 25 days), a decision on whether to file a case should be made within 15 days from the date of issuance of the inspection report. If a case has been filed, an "Administrative Handling Notice" should be filled out and sent to the party whose items are sealed or detained. The period of sealing or detaining the items will be extended to the date when the decision on administrative penalty or the decision to withdraw the case is made.

4. The party concerned may go to the drug regulatory department to make a statement and review within 3 days after receiving the advance notice of administrative penalty.

5. If the party requests a hearing within 3 days after receiving the hearing notice, the drug regulatory department shall determine the composition of the hearing personnel, the time, place and method of the hearing within 3 days from the date the party requests the hearing. , and serve the "Hearing Notice" to the parties 7 days before the hearing, and announce it to the public 3 days before the hearing.

6. The "Administrative Penalty Decision" shall be delivered to the parties on the spot after the announcement, and the parties shall sign on the "Delivery Receipt". If the party concerned is not present, the "Administrative Penalty Decision" shall be served to the party within 7 days. The "Administrative Penalty Decision" shall be delivered by the person in charge to the punished unit or individual for signature, and the recipient shall indicate the date of receipt on the delivery receipt and sign or seal it. The date of receipt is the date of delivery.

7. If it is difficult to deliver directly, you can entrust the nearest drug regulatory department to deliver it on your behalf or deliver it by "double registered" mail. The date of receipt indicated on the post office receipt is the date of delivery.

8. If the whereabouts of the recipient are unknown, or if delivery cannot be made by other means in accordance with these regulations, delivery shall be made by announcement. It will be deemed delivered 60 days from the date of issuance of the announcement.

9. Administrative penalty decisions made on the spot by administrative law enforcement personnel shall be reported to the relevant administrative agency for record within seven days.

10. Fines collected by law enforcement officers on the spot shall be paid to the designated bank within 2 days. If the payment is not made on the spot, the party concerned can pay the fine at the designated bank within 15 days from the date of receiving the administrative penalty decision.

11. If the party concerned is dissatisfied with the administrative penalty decision, he may apply for administrative reconsideration to the superior drug regulatory department or the people's government within 60 days according to law, or file a lawsuit with the People's Court within 3 months.

12. The time limit for the drug regulatory department to apply to the People's Court for administrative enforcement should also be within 180 days from the expiration of the statutory prosecution period for the administrative penalty decision.

13. For cases accepted in accordance with the relevant provisions of the "Regulations on Administrative Punishment Procedures for Drug Supervision", a person should be designated to be responsible for registration. A special notebook should be used for registration and properly kept. For cases reported by citizens, legal persons and other organizations, the person handling the case shall fill out the "Report Registration Form" and inform the whistleblower within 60 days of whether the case will be filed for investigation and handling.