Investing in the livelihood project of Huayuan City is a good intention, trying to reduce the operating costs of the elderly service center, which is a legitimate measure for the operation and management of the enterprise, but the inspection department has seized this point to punish the enterprise, which makes Guan Yuntian difficult to understand.

Don't say the unbelievable super fine of 2 million, even if it is fined 350,000 yuan according to the so-called normal handling procedures, Guan Yuntian can't accept it, because he feels that the elderly service center has done nothing wrong!

In order to properly deal with this matter, Guan Yuntian thought of a lot of ways, after some analysis and weighing, he felt that he could not solve the problem, Guan Yuntian's goal is not only not to accept any fines and punishments, but also to let the vacant building continue to be rented out, otherwise, Huayuan City Elderly Service Center will fall into a state of loss.

Guan Yuntian paced back and forth in the office, round and round, suddenly, he stopped, as if he had made a decision, returned to his desk and sat down, took out a business card from the drawer, looked at the phone number on it, and it could be seen from the proficiency of dialing that he was a little rusty with this number, or did not call this number often.

The unit on the business card is called "Mingjie Law Firm", and Guan Yuntian is looking for the main partner of the firm, Mr. Zhao, Lao Zhao and the entire Mingjie Law Firm team, all of whom are perennial legal counsel hired by Changda Group.

The phone is busy, it seems that the other party is busy with business, Guan Yuntian leaned back in the chair and closed his eyes to recuperate, it can be seen from his expression that he feels both angry and helpless about this incident encountered by Huayuan Elderly Service Center.

A few minutes later, Guan Yuntian dialed the number again, and the phone was finally connected, and he spoke first: "Hello, lawyer Zhao! I'm Guan Yuntian, I'm disturbing your office." ”

"Mr. Guan, why did you remember to call me when you were so leisurely today?"

As the legal counsel of Changda Group, a few years ago, Lao Zhao always dealt with Guan Yuntian two or three times a year in order to solve some problems involving legal disputes encountered by the enterprise, and Changda Group was very stable in recent years, and there were no legal disputes with the outside world for three or four years, so Lao Zhao and Guan Yuntian were busy with each other, and usually did not contact once a year and a half.

"You're a busy man, I'm sure I won't bother you if there's nothing to do, is it convenient to speak now?" Guan Yuntian said.

"Sure enough, I haven't been in touch for a long time, why are you still polite to me? ”

Taking people's money and eliminating disasters for others, Mingjie Law Firm accepts a large amount of consulting fees from Changda Group every year, Lao Zhao and his team of lawyers naturally know their role, whenever Changda Group encounters legal disputes, they will immediately stop other work at hand and deal with the affairs of Changda Group first.

Guan Yuntian informed Lao Zhao of the situation encountered by the Huayuan Elderly Service Center, "Lawyer Zhao, how do you think this matter should be handled appropriately?"

"Mr. Guan, what kind of result do you want to achieve?"

"Our project had room for market development in the coming years, so there was some room for the floor space, which was approved by the planning department at the time. My goal is not only to be exempt from penalties, but also to continue renting out the vacant building. "Guan Yuntian said.

"Because the punishment comes from the administrative supervision department, if it is through legal channels, it can only apply for administrative reconsideration. ”

"I think so too, this matter can only be resolved through administrative review. In a moment, I will fax you the penalty notice, and according to the above contents, I ask you to prepare an application for administrative reconsideration, and then I will ask you to act as an agent for the enterprise and come forward to negotiate with the government legal agency. Lawyer Zhao, this matter is not within the business scope of Changda Group, and the agency fee will be charged separately and paid by the listed company Changda Holdings. Guan Yuntian specially explained.

"Why should Mr. Guan be so clear? Administrative reconsideration is not like going to court, it is not so troublesome, let's do it a favor." ”

"That's not good, things are one yard to one yard, how to collect agency fees, not a penny, do things for the company, don't look at my face." "Guan Yuntian said.

After receiving the fax, Lao Zhao quickly gathered several lawyers to discuss countermeasures, and after studying the content of the fax in front of them, they felt that it was easier to remove the unreasonable fines, but the elderly service center wanted to rent out the vacant buildings in a legitimate name, which was indeed against the local regulations of Huayuan City.

"According to Mr. Guan's intentions, it is not only necessary to let the remaining buildings of the elderly service center be rented out normally, but also to let the administrative department withdraw the penalty decision, which is the goal of their decision to apply for administrative reconsideration. Lawyer Zhao said.

"To achieve this goal, I'm afraid it's a bit difficult, and it takes a lot of brains. ”

"Yes, this matter is not as simple as it seems, and it is necessary to fully study the local regulations of Huayuan City and the memorandum that Changda Holdings negotiated with the local authorities. ”

After lawyer Zhao communicated with Guan Yuntian again, Guan Yuntian asked the staff to send the materials needed by the law firm as soon as possible.

It can be seen from the memorandum that when Changda Holdings negotiated the project with the relevant departments of Huayuan City, it put forward two requirements, the first is that the construction area should exceed the actual needs at the beginning of the project, and the second is that the vacant part of the building can be disposed of by the enterprise itself.

For the first requirement, the government department expressed its understanding, after all, with the increasing aging of the population, the pension market is constantly developing, reserving a part of the space for the future, which is conducive to the flexible operation of enterprises.

Even with regard to the second request, the government authorities acquiesced, at least not to the point where any clear objections were found from the negotiating memorandum.

"But there is a problem here, if the construction supervision department thinks that Huayuan Elderly Service Center is taking advantage of the preferential policies given by the government to acquire land at a lower price and build houses for rent on the land designated by the government, it is taking advantage of the local government to take advantage of the policy loopholes. A lawyer reminded.

"Maybe that's what the inspection department thinks now, but in the administrative reconsideration process, we must reverse this view. Old Zhao said.

"What strategy do you use?"

"You prepare as soon as possible, you must firmly grasp the two requirements put forward by Changda Holdings in the memorandum, and in addition, I will communicate with Mr. Guan again to see if he has anything else to emphasize. ”

Lao Zhao immediately came to Changda Building from the county seat, and in Guan Yuntian's office, he reported on the discussion with several lawyers, "Mr. Guan, what other aspects do you think should be emphasized?"

Guan Yuntian thought about it for a while, " It is very important to grasp the two requirements we put forward at the negotiation table, and in the process of reconsideration, you emphasized that without those two requirements as a guarantee, Changda Holding Company could not invest in the elderly service center in Huayuan City, and our purpose is to manage and operate the Huayuan City Elderly Service Center well, so that it can be developed and expanded, as for the current need to rent out the vacant building, it is entirely to avoid waste of investment, once the market needs, the elderly service center can take back the rented house at any time. ”

......

Mingjie Law Firm completed the administrative reconsideration application report within three days and prepared sufficient representation materials. After receiving the report, Guan Yuntian asked the staff to send the report to the Municipal Legislative Affairs Office as soon as possible.

The staff of the Inspection Department of the Construction Committee were about to ask when the elderly service center would pay the penalty and fine, and they received a call from Deputy Director Qian, "Don't rush too much about the punishment of the elderly service center." ”

"Leader, why is this? The penalty notices have been delivered for more than ten days, and they haven't seen any movement yet, so we are ready to go over and call for payment today. ”

"Don't rush, wait and see, because the other party has already applied to the government for administrative reconsideration, and I have just received the notice. "Old money seems a little frustrated.

In fact, the Legislative Affairs Office did not directly inform Lao Qian of the administrative reconsideration, but called the office of the Municipal Construction Committee, and the staff relayed the news to the top of the Construction Committee.

"According to the people from the Legislative Affairs Office, because the Inspection Department of the Construction Committee punished the Municipal Elderly Service Center, they were not satisfied, so they applied for administrative reconsideration. ”

"Isn't that a nursing home?" and what is worth punishing?"

"I don't know, just ask Deputy Director Qian, he is the head of the inspection department. ”

called Lao Qian to his office, and said, "We're going to go to court, don't you know yet?"

"I don't know, because of what is going to court?" Old Qian was also inexplicable.

"The inspection department punished the Municipal Elderly Service Center, and the people were not satisfied and applied to the municipal government for administrative reconsideration, and the Legislative Affairs Office of the municipal government just called to inform the construction committee to prepare. ”

"Oh----," This matter was completely unexpected by Lao Qian, "they are not satisfied and ask for administrative reconsideration?"

"That's right, the administrative review is scheduled for next Wednesday. Uh, do you know the penalties? What is the reason for punishing a pension facility?"

In the face of the number one, Lao Qian had to tell the truth, "I know the situation, a fine of 2 million, and the reason for the punishment is that the elderly service center changed the use of the building without authorization." ”

"Ouch, no wonder people are not convinced, just such a small matter, a fine of two million, the inspection department is deliberate, right?"

"The amount is a bit large, but the punishment is not painful, and it does not serve as a warning to the enterprise, and only by making them pay the price can they remember the lesson. ”

"No matter what your purpose, you can't do things too much, now is a society under the rule of law, even if you punish, you must do it reasonably and legally, in order to be convincing. ”

In the face of the criticism of the top leader, Lao Qian can no longer quibble, "The inspection department's approach is a bit extreme, but things have happened, and now the question is how to deal with the upcoming administrative reconsideration?"

"You are the head of the inspection department, of course you have to be responsible for this matter, you go back and hurry up to prepare, and see how you can justify yourself when the time comes." "The number one is taboo to go to court with others, and the matter is not because of him, so he is too lazy to take care of it.

"I ...... "Lao Qian swallowed back the words that came to his mouth, no matter what reason he said, he was the leader in charge, this matter belonged to him, and he couldn't push it off if he wanted to!"

Coming out of the office of the first leader, Lao Qian felt that he had encountered a difficult opponent this time, he thought that the penalty notice would scare the investors of the elderly service center at a loss, but he did not expect that the other party not only responded calmly, but also had to apply for administrative reconsideration!

Lao Qian knew in his heart that he would be fined 2 million for changing the use of the building without authorization, and if he let the outside world know, he would either think that the inspection section of the Construction Committee would enforce the law arbitrarily and not rigorously, or that he would have ulterior motives.

In response to the administrative reconsideration, this is the first time, Lao Qian has no experience, he turned around and came to the office of the Construction Committee, wanting to inquire about this situation, the staff asked three questions and did not know, "Leader, you don't know what to do, we are even more laymen, or you directly ask the Municipal Government Legislative Affairs Office, maybe they will tell you." ”

"Well, that's a way to do it. ”

When he explained the situation, the other party told him that he did not need to prepare any special materials, but it was best not to travel during this time, and he might need to be present to explain the situation.

The reconsideration body, composed of the Legislative Affairs Office, first reviewed the penalty notice issued by the Inspection Department of the Construction Committee and then studied the administrative reconsideration appeal materials of the elderly service center, and they believed that there was a huge difference between the two.