The State Food And Drug Administration Of Administrative Reconsideration Measures Of

Original Language Title: 国家食品药品监督管理总局行政复议办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398548.shtml

The State food and drug administration of administrative reconsideration measures of

    (November 6, 2013 State food and Drug Administration announced come into force on January 1, 2014, 2nd) Chapter I General provisions

    First to standardize and strengthen the administration of the State food and drug administration review, in accordance with the People's Republic of China administration reconsideration law (hereinafter referred to as the administrative reconsideration law), the People's Republic of China regulations for the implementation of the administrative reconsideration law (hereinafter referred to as the implementation of the administrative reconsideration Law Ordinance), these measures are formulated.

    Article by law to the State food and Drug Administration may apply for administrative reconsideration of the case, its admissibility, hearings, decisions, these measures shall apply.

    Article the State food and Drug Administration for administrative reconsideration cases shall follow the principles of lawfulness, fair, open, timely, convenient, and any mistake shall be corrected to ensure correct implementation of laws and regulations.

Fourth administrative review cases mentioned in these measures refers to:

(A) is not satisfied with the State food and drug administration and its principal institutions or organizations and the specific administrative act may apply for administrative reconsideration cases;

(B) against food and drug regulatory agency of provinces, autonomous regions and municipalities and delegate agencies or organizations and the specific administrative act may apply for administrative reconsideration cases;

    (C) according to law by the State food and Drug Administration jurisdiction of administrative review cases.

Article fifth State food and Drug Administration Office of the administrative review (hereinafter referred to as administrative review Office) based in the rule of law Division, handling administrative review the specifics of the case, shall perform the following functions:

(A) a preliminary review of an application for administrative reconsideration, deciding whether to accept;

(B) evidence from relevant organizations and researchers, access to relevant documents and information;

(C) administrative review cases before the Organization, proposed trial recommended that administrative review decision;

(D) the respondent in violation of the administrative review law, the implementation of the administrative reconsideration law regulations and the behavior of the measures put forward recommendations;

(E) in accordance with the relevant provisions of participation apply for administrative reconsideration decision responding to administrative litigation matters;

    (F) the laws, administrative regulations, duties and other duties stipulated by the State food and drug administration.

    Chapter II application and acceptance

Sixth administrative review application to the State food and drug administration, shall comply with the following conditions:

(A) the applicant is that the specific administrative act violated its legitimate rights and interests of citizens, legal persons or other organizations;

(B) in accordance with chapter II of the law on administrative reconsideration of the provisions on the scope of administrative reconsideration;

(C) belong to the State food and Drug Administration's area of responsibility;

(D) clearly on the respondent;

(E) have a clear subject and reason;

(Vi) the applicant is not satisfied with the specific administrative act has an objective existence;

(VII) the applicant do not think that the respondent as, should the applicant apply to the respondent of the facts;

    (VIII) does not exceed the statutory application period. Article seventh to the State food and Drug Administration may apply for administrative reconsideration, shall submit the application for administrative review (and duplicate copies of a copy) and the relevant evidentiary material. Application for administrative reconsideration shall set forth the applicant and respondent, claims, facts and reasons, and so on.

    There is difficulty in writing or orally presented the application for reconsideration, administrative reviews Office should be on oral application of content and record and signed by the applicant.

Office of the eighth administrative reconsideration within 5 business days of receiving an application for administrative reconsideration, review in accordance with the conditions laid down in article sixth, qualifying, legally admissible; do not meet the conditions, decided to reject the complaint, and inform the applicant in writing.

    To others the right to executive authorities may apply for administrative reconsideration or bring administrative proceedings, the right to executive organ or a people's Court has accepted, the State food and Drug Administration does not accept an application for administrative reconsideration. Nineth Office should be an application for administrative reconsideration of administrative reconsideration within 7 working days from the date of acceptance of administrative review replies notification, administrative review copy of the copy of the application to make a written or oral application sent by the applicant. Being the applicant shall submit in the 10th after receiving notification of the reply reply views and the relevant evidentiary material.

Responses should include the specific administrative act based on the fact that legal basis.

    Respondents are the State food and drug administration, the relevant departments or agencies submitted reply comments in accordance with the preceding paragraph.

    Chapter III hearing

    Has been accepted by the tenth administrative review application, found in the proceedings not in conformity with the provisions of article sixth, the State food and Drug Administration decided to dismiss an application for administrative reconsideration.

Administrative review cases before the 11th, in the event of any of the following circumstances, may decide to suspend the trial:

(A) proceedings, the need for specific administrative act based on the interpretation of respondent and the State food and Drug Administration's authority to interpret;

(B) the applicant in accordance with the administrative review law in conjunction with article seventh presented to the specific administrative act in accordance to the review of applications, the State food and Drug Administration has no right to deal with;

(C) the trial shall be according to the relevant case results, and cases before the Court;

(Iv) other legally required suspension.

The preceding paragraph (a), (b) suspension, the State food and drug administration shall, within 7 working days in accordance with the statutory procedures transferred authority to handle.

Suspension reason is eliminated, shall, within 5 working days have decided to resume the trial.

    Suspension, restoration of hearing decisions made by the Office of the administrative review and notify the parties in writing.

    12th administrative reconsideration proceedings, reason to retreat back to the applicant an application for administrative reconsideration, administrative review to terminate itself.

    Administrative review cases before the 13th, should seriously study the files, to investigate and verify the evidence provided by the parties, if necessary, field investigation or entrusting local food and drug supervision and Management Department investigation and evidence collection.

    14th the applicant, the third party may have access to the respondent's written reply to comments and of the evidence, based on the specific administrative act, and other related materials, that involve State secrets, business secrets and personal privacy exception.

15th the respondent bears the burden of proof to its specific administrative act, to prove specific facts and legal basis for administrative action.

    Administrative review proceedings, the respondent shall not collect evidence from the applicant and any other organizations or individuals on their own.

16th applicant bears the burden of proof on the following matters:

(A) that an application for administrative reconsideration in accordance with the statutory requirements, but except for the applicant that the applicant exceeded the prescribed application deadline;

(B) refuses to accept the respondent not as, in support of its application to the respondent in the administrative procedure;

(C) applications for administrative compensation in conjunction with proof of their damage due to application specific administrative act;

    (Iv) other matters that shall be borne by the applicant of the burden of proof.

    The fourth chapter decided

17th administrative reconsideration, administrative review cases before the Office, any of the following circumstances, it shall be submitted to the Secretary Office in time study:

(A) administrative review of decisions on major, complex cases;

(B) the applicant, in accordance with the law on administrative reconsideration of normative documents of the seventh section review of the decision of the application;

(C) the administrative reconsideration decision during the stops execution of specific administrative acts;

    (D) should be submitted to the Secretary Office decide on other matters.

    18th article in accordance with this approach 17th article provides should by Secretary Office research of administrative reconsideration case, Secretary Office should according to administrative reconsideration method 28th article of provides, on specific administrative behavior of legitimacy, and rationality and the whether be maintained, and revoked, and change, made decided, by administrative reconsideration Office according to Secretary Office of views developed administrative reconsideration decided book, by program get approved Hou, served administrative reconsideration party.

    19th in accordance with these regulations do not require research by the Secretary for the Office of administrative review cases, by the Office of administrative review in accordance with the administrative review law article 28th of the proposed trial, the administrative reconsideration decision, approved by program, served on the administrative reconsideration parties.

20th under any of the following circumstances, pursuant to this article 18th, 19th procedure provided for in article to confirm the specific administrative act invalid or illegal of the reconsideration decision:

(A) the applicant fails to perform the statutory duties, but decided to order the discharge of statutory duties are no longer;

(B) illegal specific administrative act of the respondent or the appearance of impropriety, but which can not be revoked;

    (C) the respondent's specific administrative act invalid.

    The fifth chapter by-laws

    Article 21st State food and Drug Administration accepted an application for administrative reconsideration shall not collect any fees from the parties, financed by the State food and drug administration required specific expenditures. 22nd article this way come into force on January 1, 2014. August 5, 2002, issued by the State Drug Administration interim measures for administrative reconsideration (former State food and Drug Administration to 34th) repealed simultaneously.