Principles encompassing administrative procedures followed by the Energy Market Regulatory Authority in the implementation of regulatory administrative sanctions

Principles of administrative procedures followed by Energy Market Regulatory Authority ("EMRA") when regulative administrative sanctions are imposed, have been researched under two main successive procedural actions, investigation and ruling processes, and within the frame of general administrative procedure principles. When Energy Market Regulatory Board ("Board") takes action ex officio or after receiving denunciations or complaints, investigation process consists the ex officio research by EMRA to reveal the material fact by conducting an independent investigation under the coordination of EMRA Inspectorate Department regarding matters filtered out by preliminary research and taking statements from people under investigation. After the administrative investigation process is complete, the EMRA's rule, which qualifies as a collective act, regarding whether the administrative sanctions projected in applicable legislation will be applied, is announced via serving, publishing or noticing and this rule is open to objections before law. When Institution's power to direct people who work in energy industries is interpreted more broadly, despite not projected in rules and regulations for energy industries, it could be concluded that the rules of admonition and administrative sanction requires justification. Administrative sanction types are put forth clearly by the regulatory laws of energy industries and sanctions are categorically classified as to which conditions they apply to. However, while the framework and main principles of procedures followed during the investigation and ruling process regarding the establishment of administrative sanctions are not determined within the applicable legislation regulating energy industries, the procedures to be followed by EMRA is projected in applicable regulations. Due to the fact that natural gas, electricity, oil and liquefied petroleum gas ("LPG") industries have different structural characteristics within themselves, different regulations are observed during said procedural processes between related energy industries. Therefore, procedures followed by EMRA during the imposition of regulative administrative sanctions are not analyzed separately for every other energy industry but in terms of general administrative procedural principles developed by jurisdictional decisions and doctrine.