Regulations for Oversight, Compliance, and Licensing of Infrastructure Project Works in the Riyadh Region - 1445

Introduction

  • Based on the Council of Ministers Decision No. (902) issued on 30/12/1444 AH, which includes the approval of the organizational arrangements for the Infrastructure Projects Center in the Riyadh Region (the Center), and based on paragraph (3) of Article (Third) of the organizational arrangements for the Center, which stipulates that one of the Center's tasks is to issue licenses for infrastructure project works in the region and to revoke, cancel, or suspend them either wholly or partially, permanently or temporarily, and to collect the fees and financial compensation for them in accordance with the relevant regulatory provisions, and based on paragraph (3) of Article (Fifth) of the organizational arrangements for the Center, which stipulates that one of the tasks and powers of the Center's Board of Directors is to "approve the controls, conditions, standards, methodologies, and methods related to infrastructure project works in the region," the Center's Board of Directors Decision No. (11) was issued on (20/7/1445 AH) corresponding to (1/2/2024 AD) approving these controls.

Article 1: Definitions

  • Controls: The controls for monitoring, compliance, and licensing for infrastructure projects in the Riyadh region and its annexes, as well as any amendments related to them.

  • The Center: The Infrastructure Projects Center in the Riyadh region.

  • Infrastructure Projects: The activities related to the implementation, development, operation, and maintenance of infrastructure projects as defined in the organizational arrangements of the Center.

  • License: A written approval from the Center to carry out infrastructure works and projects.

  • Licensee: Any legal entity that has obtained a license for infrastructure projects.

  • Violation: The violation or violations related to infrastructure works and projects and any other violations that the Center is authorized to regulate and impose penalties for.

  • Violator: One who commits a violation and is a legal entity.

  • Observer: One assigned by the Center to carry out monitoring tasks on infrastructure works or projects.

  • Penalty: The financial fines or procedures imposed or taken by the Center resulting from non-compliance with the controls.

Article 2: Conducting Infrastructure Project Activities

Article 3: Licensing Services

  • The claim for licensing services is submitted by applying to the center according to the mechanism it specifies, and the center receives the claims and decides on them after verifying that their requirements are complete.

Article 4: Duration and Fees of Licenses

  • The duration of the license is determined according to its type, and the fees specified in Appurtenance (A) of these regulations apply to all licenses issued by the center.

Article 5: Supervision and Imposition of Penalties

  • The center is responsible for issuing a decision to impose penalties and sanctions resulting from violations related to infrastructure project works in accordance with the schedule in Appurtenance (B).

Article 6: Control Procedures

  • The center conducts monitoring and inspection operations aimed at enhancing compliance through guidance, awareness, and enforcement of the relevant controls, regulations, and laws. To achieve this, it has the authority to exercise oversight through automated or manual monitoring or other approved monitoring methods by the center, whether in-office or in the field as follows:

  • 1- The inspector may carry out monitoring activities by conducting inspection rounds according to the approved monitoring plans at the center or based on reports received by the center to verify the compliance of licensees and to detect violations.

  • 2- If the monitoring practices reveal a violation, the inspector shall document the violation according to the mechanism approved by the center, including the following:

    • A- Information about the violator, a description of the violation, and the activity being conducted by the violator.

    • B- The corresponding number for the violation according to Appendix (B) and the amount of the penalty specified for it.

    • C- The date and time of the monitoring, including the day and hour.

    • D- The location of the violation (city, neighborhood, street, or road).

  • 3 - The inspector shall document a detailed description of the violation – as much as possible – using the necessary technologies for that purpose.

  • 4- The documentation of the violation does not depend on the presence of the violator, and it is sufficient to notify them of the details of their violation according to the recognized means of proof for notification.

  • 5- The center may take the necessary actions to request the presence of the violator or their official representative through one or more of the following means:

    • A- Sending a notice to their address associated with their license, specifying a deadline for review according to the nature of the violation.

    • B- Sending a text message to the mobile number associated with their license.

    • C- Sending a notice via the dedicated service application, if available.

    • D- Posting a notice requiring review at the site of the activity.

    • E- Requesting their presence through the relevant authority.

  • 6- If the violator is present and does not cooperate with the inspector or shows resistance or attempts to obstruct the monitoring activities, the inspector shall document this as an observation, and the center may proceed with the necessary actions related to preventing inspectors from performing their duties.

  • 7- The monitoring or documentation procedures shall be invalidated if any of the violation data specified in paragraph (2) of this article is not completed, unless the inspector records the reason for the inability to do so.

  • 8- The center may impose penalties for non-serious violations upon the expiration of the correction period without addressing the violation.

  • 9- The center may combine the application of the procedural action for the violation and impose penalties for serious violations.

  • 10- The penalty for recurrence shall be applied if the violation continues after the expiration of the correction period specified in Appendix (B), and the center – in the case of multiple recurrences – may take the appropriate action to ensure the violator's compliance.

Article 7: Assignment

  • The center may assign the tasks of monitoring and inspection for violations or licensing services to the private sector in accordance with the relevant legal procedures.

Article 8: Procedures for Submitting an Appeal

  • 1- The violator may submit an Appeal against the decision imposing the penalty issued against him within a period not exceeding (60) days from the date of being notified through the designated means for that purpose.

  • 2- An Appeal may be filed against the decision issued by the Appeals Committee before the competent Administrative Court in accordance with the provisions of the relevant laws and regulations.

  • 3- The penalty shall not be enforced until after the expiration of the period specified for the Appeal in this article, in accordance with the provisions of the relevant laws and regulations.

Article 9: Review and Amendment of Regulations

  • The center conducts a periodic review of the regulatory provisions to update them and to determine the necessity of amending them.

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