Regulations for Controlling Violations of the Provisions of the Law on the Distribution of Dry Gas and Liquefied Petroleum Gas for Residential and Commercial Purposes

Article 1: Definitions

  • 1- The terms and phrases mentioned in these regulations shall have the same meanings as those stated in the Law of Distribution of Dry Gas and Liquefied Petroleum Gas for Residential and Commercial Purposes and its executive regulation and regulations, unless a specific definition is provided for them in these regulations.

  • 2- The following terms and phrases, wherever mentioned in these regulations, shall have the meanings indicated opposite each of them unless the context requires otherwise.

    • Law: Law of Distribution of Dry Gas and Liquefied Petroleum Gas for Residential and Commercial Purposes.

    • Regulations: Regulations for controlling violations of the provisions of the law, proving them, and investigating them.

    • Inspection Officer: The employee designated by a decision from the minister to undertake the control of violations and investigate them.

    • Schedule of Violations: Schedule of violations of the law.

    • Violation: Committing any act contrary to what is specified in the schedule of violations.

    • Defendant in the Violation: Any person accused of violating the provisions of the law, or the regulation executive, or regulations, or license conditions, or instructions and decisions issued by the minister, whether an original perpetrator or responsible for the actions of his subordinate accused in the violation.

    • Serious Violations: Violations specified in paragraphs (1 - A) and (2- A), and (3- A) and (4- A) of the schedule of violations.

    • Non-Serious Violations: Violations specified in paragraphs (1- B) and (2- B), and (3- B) and (4 - B) and (1-C) and (2- C), and (3- C) and (4 - C) of the schedule of violations.

    • Committee Secretariat: Secretariat of the Committee for Reviewing Violations.

    • Competent Authority: The organizational unit responsible for inspection, control, and regulation within the ministry.

    • Authorized Person: Deputy Minister for Petroleum and Gas Affairs or his delegate.

    • Day: Calendar day.

  • 3- The terms and phrases mentioned in these regulations in the singular form shall have the same meaning in the dual or plural forms, and vice versa if the text requires it.

Article 2: Scope of Application

The provisions of these regulations apply to the work of enforcement officers related to proof and investigation of violations.

Article 3: Obligations of the Enforcement Officer

  • The enforcement officer must adhere to the following:

    • 1- Present the (Enforcement Officer) card to prove his capacity in the tasks he undertakes.

    • 2- Declare to the competent authority any conflict of interest during the enforcement of the violation.

    • 3- Document the fact of the violation in a manner that ensures the integrity of the procedures and decisions issued regarding the violation, including: video and photographic recording, drafting the necessary reports, and all supporting documents for that.

Article 4: Monitoring the Violation

  • The competent authority monitors the violation through the following:

    • 1- Inspection visits.

    • 2- Documents requested by the Ministry from the licensee periodically.

    • 3- Reports of the occurrence of the violation.

Article 5: Proof of Violation

  • 1- Violations are recorded by field inspection, except for violations that can be recorded by obtaining the relevant documents.

  • 2- The enforcement officer must verify the occurrence of the violation and the sufficiency of evidence to prove it and attribute it to the perpetrator.

  • 3- The competent authority refers the violation claim file to the Committee Secretariat after completing all requirements for proving the violation, accompanied by all supporting documents.

Article 6: Requirements for Proving the Violation

  • The requirements for proving the violation are as follows:

    • 1- Violation report, including its serial number and pagination of all its pages.

    • 2- Minutes of 'Hearing Statements', or 'State Verification' report as applicable.

    • 3- Supporting documents to prove the violation.

Article 7: Drafting a Violation Report

  • The enforcement officer shall draft a violation report, which must include at a minimum the following information:

    • 1- The place, time, and date of drafting the report.

    • 2- Type of violation and place of occurrence.

    • 3- Details of the violator (name, title, civil registry or residency number, and commercial register).

    • 4- Description of the violation and the method of detection.

    • 5- Name and signature of the enforcement officer.

Article 8: Hearing of Statements

  • 1- The officer in charge must request to hear the statements of the defendant regarding the violation or his legal representative in person or electronically, except for the request to hear the statements of the defendant regarding the violation in the activity of retail sale of liquefied petroleum gas cylinders.

  • 2- Document the statements of the defendant regarding the violation in the hearing record, ensuring the signature of the person whose statements were heard and recording his status, and if he refuses to sign, this refusal is documented in the same record.

  • 3- If it is not possible to hear the statements of the defendant regarding the violation or he refuses to make his statements; this impossibility or refusal is documented in the situation report.

  • 4- In the hearing record, ensure the inclusion of the data mentioned in Article (seventh) of these regulations.

Article 9: Urgent and Necessary Cases

The competent authority, in urgent and necessary cases that require a decision from the Minister, must submit an explanatory memorandum accompanied by the file of the violation claim and its supporting documents to the Minister within a period not exceeding (3) days, provided that the memorandum includes a description of the violation, its current and potential effects, and the proposed procedures to be taken in accordance with the provisions of Article (Eighteen) of the Law.

Article 10: Procedures for Filing the Violation Claim

  • The competent authority retains the violation claim file in the following cases:

    • 1- Inability to complete the requirements to prove the violation, provided that the retention is approved by the authorized person.

    • 2- Issuance of the committee's decision that the violation is not proven.

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