Provisions on filing time of fire administrative punishment

Generally speaking, 7 working days. Under special circumstances, 15 working days.

Generally speaking, 7 working days. That is, the administrative department for industry and commerce shall, within 7 working days from the date of receiving the complaints, appeals, reports and materials transferred from other organs and assigned by the higher authorities, verify and decide whether to file a case. Under special circumstances, 15 working days. That is, if the clue materials involve complicated situations and it is difficult for the administrative department for industry and commerce to determine whether to file a case within 7 days, it can be extended to 15 working days to make a decision on whether to file a case. Administrative punishment must be implemented or applied by the administrative subject with the statutory power of administrative punishment. Organs or organizations that have no statutory power of administrative punishment have no right to impose administrative punishment. The decision and execution of administrative punishment shall be implemented by the administrative organ with the power of administrative punishment within the scope of legal functions and powers. Without authorization or entrustment, other organs and organizations have no right to implement it. The basis of punishment is legal. It is the standard for administrative organs to determine that the relative person's behavior is illegal and punish it. The administrative punishment given by the administrative organ to the administrative counterpart must have a legal basis. No administrative punishment may be imposed without a legal basis. The establishment of administrative punishment is legal. In order to be legal, the act of implementing administrative punishment must be legal. If the set terms are illegal, the administrative punishment implemented according to the illegal terms is of course illegal. The procedure is legal. The statutory principle of administrative punishment is not only reflected in the substantive content, but also in the procedural form, that is, the procedures applicable to administrative punishment are statutory. When imposing administrative punishment, the punishment organ must strictly abide by legal procedures. Otherwise, the administrative punishment in violation of legal procedures is also illegal and invalid.

Legal basis:

According to Article 17 of the Regulations on Administrative Punishment Procedures for Industrial and Commercial Administration, the time limit for filing a case includes two time limits:

First, under normal circumstances, 7 working days. That is, the administrative department for industry and commerce shall, within 7 working days from the date of receiving the complaints, appeals, reports and materials transferred from other organs and assigned by the higher authorities, verify and decide whether to file a case.

2. Under special circumstances, 15 working days. That is, if the clue materials involve complicated situations and it is difficult for the administrative department for industry and commerce to determine whether to file a case within 7 days, it can be extended to 15 working days to make a decision on whether to file a case.

Administrative Punishment Law of the People's Republic of China

Article 40

The written decision on administrative punishment shall be delivered to the parties on the spot after the announcement; If the party concerned is not present, the administrative organ shall, within seven days, serve the decision on administrative punishment on the party concerned in accordance with the relevant provisions of the Civil Procedure Law.

Article 54

If the provisions meet the filing standards, the administrative organ shall file the case in time. That is, from the date of signing the notice of filing.

Article 60

It is stipulated that the administrative organ shall make a decision on administrative punishment within 90 days from the date of filing the case. Where laws, regulations and rules provide otherwise, such provisions shall prevail.