When law enforcement officers investigate and deal with illegal cases according to the specific punishment content, they shall show their law enforcement certificates to the parties or relevant personnel. Twelfth public security fire law enforcement personnel shall collect evidence in accordance with the law when investigating and handling cases. Evidence mainly includes documentary evidence, physical evidence, audio-visual materials, witness testimony, statements of the parties, expert conclusions, transcripts of inquests, on-site transcripts, etc. Thirteenth citizens, legal persons or other organizations that violate the order of fire control management should be given administrative punishment according to law, and the public security fire control institutions must find out the facts; If the illegal facts are unclear, no administrative punishment shall be given. Article 14 Before making a decision on administrative punishment, public security fire control institutions shall inform the parties of the facts, reasons and basis for making the decision on punishment, and inform them of their rights according to law. Article 15 The parties have the right to make statements and defend themselves. Public security fire control institutions must fully listen to the opinions of the parties and review the facts, reasons or evidence put forward by the parties; If the facts, reasons and evidence put forward by the parties are established, the public security fire control institutions shall adopt them. Public security fire control institutions shall not aggravate the punishment because of the excuses of the parties. Sixteenth public security fire law enforcement personnel in the investigation of a case, one of the following circumstances, should withdraw, the parties and their legal representatives also have the right to ask them to withdraw: (1) is a party to the case or a close relative of the party; (2) He or his close relatives have an interest in the case; (3) Having other relations with the parties to the case, which may affect the fair handling of the case. The withdrawal of public security fire law enforcement personnel shall be decided by the person in charge of the public security fire control institution; The withdrawal of the person in charge of the public security fire control institution shall be decided by the person in charge of the public security organ at the corresponding level. Law enforcement officers can't stop investigating and handling cases before making a decision to avoid them. Article 17 If the person who has been decided to withdraw or the party whose application for withdrawal has been rejected disagrees with the withdrawal decision, he may apply for reconsideration. Eighteenth public security fire control institutions to give administrative punishment, should also meet the following conditions: (1) there is a clear violator; (2) Having verified illegal facts and evidence; (3) Having clear laws, regulations and rules; (4) Being under the jurisdiction of this institution; (5) Compliance with legal procedures. Nineteenth competent public security organs and public security fire control institutions at the next higher level shall strengthen the supervision of public security fire control law enforcement activities, and if they find that the decision on public security fire control punishment is wrong, they shall order the original punishment institution to correct it, or they may directly correct it. Section 2 Summary Procedure Article 20 If a citizen is given an administrative penalty of less than 50 yuan, a legal person or other organization is given a fine of less than 1000 yuan or a warning, and the illegal facts are conclusive and have legal basis, a decision on administrative penalty may be made on the spot. Twenty-first law enforcement officers shall make a penalty decision on the spot and deliver it to the parties on the spot. The decision on punishment on the spot shall specify the illegal act of the party concerned, the basis of administrative punishment, the amount, time and place of the fine and the name of the public security fire control institution, and shall be signed by the public security fire control law enforcement personnel. Twenty-second law enforcement officers of public security fire control institutions must report to their subordinate public security fire control institutions for the record within two days after making a punishment decision on the spot. Section 3 General Procedures Article 23 Except in the circumstances specified in Article 19 of these Provisions, general procedures shall apply to the administrative punishment of fire control. Belong to the scope of the hearing, according to the provisions of the fourth section of this chapter. Twenty-fourth public security fire control institutions and their law enforcement officers find violations of fire control laws, regulations and rules through inspection, or through reporting, accusation, transfer, assignment by superiors, voluntary confession by parties, etc. , should be registered, fill in the "public security fire administrative punishment case registration form", reported to the person in charge of the audit, to determine the special person to conduct a preliminary investigation. If it is necessary to impose administrative penalties on fire control, it shall be filed within seven days. Filing a case shall meet the following conditions: (1) there is an illegal act; (two) the illegal act shall be subject to administrative punishment; (3) Twenty-fifth cases of fire administrative punishment under the jurisdiction of this institution shall be put on file, and if the illegal facts do not exist or the fire administrative punishment should not be given after investigation, the decision to put on file shall be revoked; If it is not under the jurisdiction of this institution, it shall be transferred to the public security fire control institution with jurisdiction. Twenty-sixth public security fire control institutions must investigate and collect relevant evidence comprehensively, objectively and fairly when handling illegal cases; When necessary, inspection can be carried out according to law. Twenty-seventh public security fire control institutions in the investigation or inspection, law enforcement personnel shall not be less than two. The parties concerned or relevant personnel shall truthfully answer the inquiry and assist in the investigation or inspection. A record shall be made of the inquiry or inspection. Twenty-eighth public security fire control institutions in the collection of evidence, can take the method of sampling; In the case that the evidence may be lost or difficult to obtain later, with the approval of the person in charge of the public security fire control institution, it can be registered and preserved in advance, fill in the notice of registration and preservation, and make a decision in time within seven days. During this period, the parties concerned or relevant personnel shall not transfer or destroy the evidence. Twenty-ninth in the investigation of a case, you can ask the parties or other insiders, and make a record of the inquiry. After the inquiry, the records shall be checked by the interviewee, and if the interviewee thinks it is necessary to supplement or correct them, it shall be allowed; After verification, the person questioned shall sign or seal the inquiry record. If the person questioned refuses to sign or seal, it shall be noted in the record and signed or sealed by the inquirer. Thirtieth in the investigation of a case, you can conduct an inquest and inspection of places and articles related to illegal acts. Records shall be made for the inquest and inspection, which shall be signed or sealed by the inquest and inspection personnel and the witnesses present. Article 31 In order to solve some specialized problems in a case, a person with specialized knowledge may be hired for identification or identification. After the appraiser conducts the appraisal, he shall put forward a written appraisal conclusion and sign or seal it to show his personal identity. Thirty-second after the investigation, the investigators shall put forward corresponding treatment opinions according to the investigation results and relevant laws, regulations and rules. After legal review by the legal department or legal personnel, they shall report to the person in charge of public security fire control institutions for review and decision. If the circumstances are complicated or major illegal acts need to be given heavier administrative punishment, it shall be decided by the person in charge of the public security fire control institution through collective discussion. Article 33 When deciding to impose administrative punishment, a written decision on administrative punishment for public security shall be made, and the following items shall be stated: (1) the name and address of the party concerned; (2) Facts and evidence in violation of laws, regulations and rules; (three) the types and basis of administrative punishment; (four) the way and time limit for performing the punishment; (five) the way and time limit for applying for administrative reconsideration or bringing an administrative lawsuit against the punishment decision; (six) the name of the public security fire control institution that made the decision on punishment and the date of making the decision. The written decision on administrative punishment for public security shall be stamped with the seal of the public security fire control institution that made the decision on punishment. Thirty-fourth public security fire control institutions and their law enforcement officers failed to inform the parties of the facts, reasons and basis of administrative punishment before making the decision on administrative punishment, or refused to listen to the statements and arguments of the parties, and the decision on administrative punishment could not be established; Unless the parties give up their right to state or defend themselves. Thirty-fifth citizens, legal persons or other organizations have the right to appeal and report the administrative punishment decision of public security fire control institutions; When public security fire control institutions find mistakes, they should carefully check and correct them in time. Section 4 Hearing Procedure Article 36 If a public security fire control institution orders it to stop production or business, or revokes its license, or imposes a fine of more than 2,000 yuan on a citizen or more than 10,000 yuan on a legal person or other organization, the parties concerned have the right to request a hearing. Thirty-seventh public security fire control institutions shall inform the parties of the right to request a hearing before making the punishment decision listed in Article 36 of these Provisions. If a party requests a hearing, it shall put it forward within three days after the public security fire control institution informs it. If a party requests a hearing, the public security fire control institution shall organize a hearing. If a party explicitly waives the right to a hearing or fails to file an application for a hearing within the time limit, the administrative punishment shall be handled by general procedures. Thirty-eighth public security fire control institutions shall, seven days before the hearing is held, notify the hearing applicant, case investigators and other participants in writing of the time and place of the hearing. Thirty-ninth hearing shall be presided over by the legal department of public security fire control institutions. If the public security fire control institution has no full-time legal institution, it shall be presided over by the personnel of the legal department of the public security organ at the corresponding level. Fortieth except those involving state secrets, commercial secrets and personal privacy, the hearing shall be held in public. Article 41 The hearing shall be conducted in the following order: (1) The presiding hearer announces the beginning of the hearing and informs the participants of the hearing of their rights according to law; Announce the hearing discipline, hearing matters and other related matters. (two) the investigators of the case state the investigation materials, point out the illegal facts and relevant evidence of the violator of the case, and put forward the opinions and legal basis for the proposed administrative punishment. (3) The presiding hearer shall separately ask the hearing applicant, witnesses and other participants about the investigation materials stated by the investigators of the case to verify the relevant evidence. (4) With the permission of the presiding hearer, the hearing applicant and his entrusted agent may ask questions to investigators, witnesses and other parties to the case. (five) the hearing applicant has the right to defend and cross-examine the facts accused by the investigators, the evidence presented and the suggestions on administrative punishment. (six) after the investigation of the hearing, the hearing host announced that the hearing had entered the debate stage. Case investigators, hearing applicants and their entrusted agents shall debate the facts and evidence related to the case. (seven) after the debate, the hearing applicant to make a final statement. (eight) after the hearing applicant makes a final statement, the presiding hearer announces the end of the hearing. After the presiding hearer announces the end of the hearing, the transcripts of the hearing shall be checked or corrected by the parties and relevant personnel, and then signed or sealed. Forty-second after the hearing, the hearing host shall summarize the hearing and submit it to the person in charge of the unit for review before making a decision. Article 43 The applicant for hearing shall not bear the expenses for holding the hearing. Forty-fourth matters not specified in this section shall be handled in accordance with the Provisions of Shandong Province Public Security Organs on Administrative Punishment Hearing Procedures (Trial). Chapter IV Service Article 45 After making a decision on administrative punishment, public security fire control institutions and their law enforcement officers shall deliver it on the spot or serve the penalty decision on the parties within seven days. Forty-sixth public security fire control institutions and their law enforcement officers shall, after making a decision on administrative punishment, deliver the decision on administrative punishment to the parties on the spot after the announcement. If the party concerned is a citizen, he may give it to an adult family member who lives with him for signature when he is absent; If the party is a legal person or other organization, it shall be signed by the legal representative of the legal person, the principal responsible person of other organizations or the responsible person of the legal person or organization; If a party has an agent, it may send it to his agent for signature; If a party appoints an agent to the public security fire control institution, it shall submit it to the agent for signature. Article 47 After receiving the written decision on administrative punishment, the addressee or agent shall sign or seal the service receipt. The date on which the addressee or agent signs the receipt is the date on which the administrative penalty decision is served. If the addressee refuses to sign for it, the addressee shall invite the representatives of relevant grass-roots organizations or units and other witnesses to be present, record the reasons and date of refusal on the receipt of service, and the written decision on punishment shall be deemed to have been served if it is signed or sealed by the addressee and witnesses. Chapter V Implementation Article 48 After the decision on administrative punishment of public security fire control is made, the parties concerned shall perform it within the time limit of the decision on administrative punishment. If a party refuses to accept the decision on administrative punishment and applies for reconsideration or brings an administrative lawsuit, the execution of administrative punishment shall not be suspended, except as otherwise provided by law. Forty-ninth public security fire control institutions that make decisions on fines should be separated from the institutions that collect fines. Except in accordance with the provisions of Article 50 of these regulations, public security fire control institutions and their law enforcement officers who have made administrative punishment decisions shall not collect fines by themselves. The parties concerned shall pay the fine at the designated bank within 15 days from the date of receiving the decision on administrative punishment. Article 50 If a decision on administrative punishment is made on the spot, public security fire law enforcement officers may collect the fine on the spot under any of the following circumstances: (1) Imposing a fine of not more than 20 yuan according to law; (two) it is difficult to implement after it is not collected on the spot. Fifty-first after the public security fire control institutions make a decision on the penalty of fines, if it is really difficult for the parties to pay the fines to the designated banks, they may collect the fines on the spot at the request of the parties. Unless the hearing procedure is applied to make a fine decision. Fifty-second public security fire control institutions to collect fines on the spot, must issue a receipt of fines uniformly printed by the provincial finance department to the parties. Otherwise, the party concerned has the right to refuse to pay the fine. The fines collected by public security fire law enforcement officers on the spot shall be turned over to the public security fire control institutions within two days from the date of collection, and the public security fire control institutions shall turn over the fines to the designated banks within two days. Article 53 If a party fails to perform the decision on administrative punishment within the time limit, the public security fire control institution that made the decision may enforce it in accordance with the People's Police Law, the Administrative Punishment Law and other relevant laws and regulations: (1) The public security organ shall enforce it in accordance with the provisions of Article 35 of the Regulations on Administrative Penalties for Public Security; (two) if the fine is not paid within the time limit, a fine of 3% of the fine amount shall be imposed every day; (3) auctioning the sealed-up or detained property or allocating frozen deposits to offset the fine; (four) other measures in accordance with the provisions of laws and regulations. If the parties have real financial difficulties and need to postpone or pay the fine by installments, they may postpone or pay the fine by installments upon the application of the parties and the approval of the public security fire control institutions. Fifty-fourth in addition to the items that should be destroyed according to law, the public security fire control institutions must publicly auction or deal with the illegal property confiscated according to law in accordance with the relevant provisions of the state. Fine, confiscation of illegal income or confiscation of illegal property auction proceeds must all be turned over to the state treasury, and shall not be withheld or shared in any form. Article 55 Administrative detention shall be handled in accordance with the regulations on administrative penalties for public security. Chapter VI Closing the Case Article 56 A case of fire administrative punishment under any of the following circumstances shall be closed: (1) After the execution of the decision on administrative punishment is completed; (2) being exempted from administrative punishment or not being given administrative punishment; (3) Cases transferred to criminal investigation departments and judicial organs. Article 57 A public security fire control institution shall write a closing report within 15 days after the execution of the following cases, and submit it to the public security fire control institution at the next higher level: (1) Cases assigned by the public security fire control institution at the next higher level; (2) Cases with significant influence and foreign-related cases; (3) Cases decided by the people's courts; (4) Cases transferred to criminal investigation departments and judicial organs. The closing report of the cases listed in items (2), (3) and (4) of this article shall be reported to the public security organ at the same level and the provincial public security fire control institution for the record. The report on the closing of a case with great influence can be submitted to the local people's government at the same time. Fifty-eighth public security fire control institutions to handle administrative punishment cases, should be completed within one month from the date of filing; If the case is complicated, it may be extended for one month with the approval of the person in charge of the public security fire control institution; Under special circumstances, if it cannot be settled within two months, the time limit may be appropriately extended with the approval of the public security fire control institution at the next higher level, except for cases accepted by the people's court. Fifty-ninth cases of public security fire administrative punishment shall be filed with legal documents. Public security fire control institutions shall file the legal documents and relevant materials of administrative punishment cases within ten days after closing the case. Article 60 The archives of legal documents of fire administrative punishment cases mainly include the following contents: (1) the cover of the case file; (2) Directory of files; (three) fire administrative punishment case filing approval form; (four) the decision on administrative punishment of public security; (5) Final report; (6) Inspection records; (7) record of inquiry; (8) Records of inspection; (9) Appraisal conclusion; (ten) registration and preservation form; (eleven) to inform the record (twelve) notice of hearing; (thirteen) hearing transcripts; (14) minutes of the hearing; (fifteen) delivery receipt; (sixteen) the relevant discussion summary; (seventeen) administrative punishment approval form; (eighteen) compulsory measures for examination and approval procedures and legal documents; (nineteen) property disposal documents; (20) Other relevant materials; (twenty-one) the back cover of the document. Sixty-first fire administrative punishment files shall be one case and one volume, and shall be signed or sealed by the archivist. No one is allowed to extract, add or damage the case materials without authorization.