Saudi Gazette report

RIYADH — There are specific provisions in the new regulations of Dry Gas and LPG Distribution Law for Residential and Commercial Purposes to ensure efficiency and safety of the distribution of dry gas and LPG at residential and commercial facilities. The regulations have set controls for detecting, proving, and investigating violations related to the distribution of dry gas and LPG for residential and commercial purposes.

According to the regulations, there are three methods for monitoring violations including carrying out inspection visits, presenting reports of violations, and submitting documents periodically requested by the Ministry from licensees. A 90-day period will be granted to correct minor violations.

The new rules regulate the procedures for proving violations through three mechanisms. Violations will be detected by field investigation, except for violations that can be detected by going through the relevant documents. The enforcement officer must verify the validity of the violation and the substantiality of the evidence. The competent authority shall refer the alleged violation file to the secretariat of the committee responsible for examining violations after completing all requirements for proving the violation, including photographs and necessary documents.

The regulations clarify that when any violation is detected, the enforcement officer shall prepare a report that includes a unique serial number, page number, the location and time of the report, the type of violation and location, the violator's information, a detailed description of the violation, the mechanism for monitoring it, and the resulting damages.

According to the regulations, the enforcement officer must hear the statements of the defendant or their legal representative, either in person or online. The statements of the defendant, their representative, or any related party, if present during the detection of the violation, must be recorded. The signature of the person attributed to the defendant must be recorded on the prepared report. If the defendant refuses to sign, this must be recorded on the report itself, and accordingly the violation detection procedures will be completed.

In urgent and necessary cases requiring a decision from the Minister of Energy, the regulations require the organizational unit responsible for inspection, control, and enforcement within the ministry to submit an explanatory memorandum attached to the alleged violation file and supporting documents to the minister within a period not exceeding three days. The memorandum must include a description of the violation, its current and potential impacts, and the proposed measures to be taken in accordance with the provisions of the Dry Gas and LPG Distribution Law for Residential and Commercial Purposes.

According to the regulations, the defendant is warned of the violation, and a violation report is drawn up. For minor violations, the defendant is given a corrective grace period not exceeding 90 days from the date of the warning. The competent authority issues a schedule showing the warning periods for each violation. The organizational unit, which is responsible for inspection, oversight, and control within the Ministry of Energy, shall verify that the violation has been corrected immediately after the expiry of the corrective grace period. If no correction is made, the alleged violation file shall be submitted to the Secretariat of the Violations Review Committee for necessary action.

In the case of serious violations, the competent authority must not warn the defendant of the violation or grant them a corrective grace period. The file related to this shall be submitted directly to the Secretariat of the Committee for completion of procedures and issuance of its punitive decision.