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Science, Technology And Industry For National Defense Commission Hearings Rules

Original Language Title: 国防科学技术工业委员会听证规则

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(December 25, 2006 Commission on Science, technology and industry for national defense to 21st release since March 1, 2007) Chapter I General provisions article in order to standardize the hearing, maintaining the lawful rights and interests of citizens, legal persons and other organizations to promote administration according to law, in accordance with the relevant laws and administrative regulations, these rules are formulated.
    Second Committee on Science, technology and industry for national defense (hereinafter referred to as the Commission), according to the party's application for organization of hearing and ex officio active hearing organized by the application of this rule.
    Referred to in these rules the parties, including parties, administrative Licensing application of administrative punishment and administrative permits an interested person. Third hearing shall follow the principles of fairness and justice, convenience, and efficiency.
    In addition to involve State secrets, business secrets or personal privacy, the hearing shall be held in public.
    Fourth according to the party applying for organization of the hearing, the Office of Legislative Affairs is responsible for implementation according to the terms of reference of the initiative to organize hearings, hosted by the hearing departments are responsible for implementing.
    Article fifth hearing shall not charge any fee payable to a party or disguised.
    Chapter two hearing officers and participants the sixth hearing include hearing, hearing clerk and recorder.
    Hearing chaired by the heads of organization departments of the hearing and approval of the Committee, presided over the hearing.
    Hearing clerk, records clerk by hearing organization designated to assist the hearing.
    Administrative punishment or administrative license hearings of matters of specific employees, it may not be the presiding hearer, hearing officers and reporters.
    Seventh article by a hearing officer, two hearing organizations, may also be considered depending on a hearing officer organization.
    Eighth hearing officers shall be impartial and to fulfil its mandate, ensure that participants in the hearing exercise rights of cross-examination, statements, representations, and hearing knows State secrets, business secrets and personal privacy has a duty of confidentiality.
    Nineth party considers the hearing officers and interest may affect the impartiality of the hearing has the right to apply for the withdrawal, and explain the reasons.
    Avoidance by the hearing Committee decision; withdrawal of the clerk and recorder of the hearing organized by the hearing decision.
    Tenth hearing people, including administrative punishment or administrative licensing matters concerning specific contractors, representatives of the parties, public hearings, expert witnesses and the witnesses, translators, etc.
    Participants in the hearing shall attend hearings subject to hearing the command, follow hearing rules.
    11th may entrust one or two representatives to the hearing by the parties, collect and provide relevant information and evidence, cross-examination and to defend themselves.
    12th in hearings, the Parties shall enjoy the following rights: (a) aware of the fact that administrative punishment or administrative license is made, evidence and legal basis and (b) apply for a hearing officer withdraw; (c) the claims and reasons stated, evidence and (iv) cross-examination and to defend themselves and (e) shall enjoy the other rights.
    Hearing representative shall enjoy the following rights in the hearing: (a) is aware of the hearing, (ii) to comment on the hearing, (iii) questions.
    Third chapter according to application of hearing 13th article administrative punishment or administrative license matters hosted sector in made administrative decided Qian, has following case one of of, should written told party has application held hearing of right: (a) made ordered discontinued closed, and revoked license or license, and 30,000 yuan above (not containing 30,000 yuan) fine, administrative punishment decided of; (ii) administrative license directly involved applicants and others Zhijian major interests relationship of; (three) legal, and administrative regulations or regulations provides of other case.
    14th administrative licensing matters the Parties shall from the date of receipt of the written notice within the 5th administrative penalty matters the Parties shall from the date of receipt of the written notice within the 3rd, apply to the hearing of the Commission of Legislative Affairs Agency in writing.
    Fails proposed, waived a hearing.
    15th hearing the application shall include the following elements: (a) the applicant's name, residence, contact, (ii) the application details of the hearing, (iii) basis, reasons to apply for a hearing and other supporting materials.
    16th article legal work institutions received hearing written application Hou, should on application material for review, and according to following situation made processing: (a) applicants not has statutory conditions or over statutory term proposed application of, should told applicants not accepted, and written description reason; (ii) application material not complete of, should once told applicants correction all material; (three) applicants meet statutory conditions, application material complete, and application matters meet hearing conditions of, accepted hearing application.
    17th legislative affairs agency accepts the application for the hearing, shall draw up a notice of hearing, and hearing 7th on the applicant and administrative punishment or administrative licensing items host departments.
    Notice of hearing shall contain the following particulars: (a) the subject matter of the hearing, evidence, (ii) the time and place of a hearing; (c) the hearing officer name and position; (d) the rights and obligations of the parties, and (v) other considerations.
    Hearing matters involving other major interests of citizens, legal persons or other organizations, shall notify them to the hearing. 18th party after receipt of the notice of hearing, does not participate in the hearing without good reason, or without the hearing officer allowed to fall by the wayside, waived a hearing.
    Give up hearing the recorded hearing.
    19th before the hearing began, the recorder shall identify the participants in the hearing and present information, announced the hearing related to disciplinary hearings and field notes.
    20th article hearing by following program for: (a) hearing host announced hearing began, announced hearing causes and hearing personnel list; (ii) told hearing participate in people of right and obligations, asked party whether application avoided; (three) administrative punishment or administrative license matters hosted sector statement views; (four) party for quality card, and defence; (five) hearing host, and hearing member on hearing participate in people for asked; (six) hearing parties last statement; (seven) hearing host announced hearing end. The 21st record shall make a record of hearing.
    Record of hearing shall set out the following: (a) the time, place and reason for the hearing; (b) the hearing officer's name and position; (c) the basic situation of participants in the hearing; (d) the administrative punishment or administrative licensing contractor's advice; (v) the debate and defend themselves, (vi) other matters to be recorded.
    Hearing transcripts by the participants in the hearing confirmed or signature or seal on the spot after the correction; refuses to sign or seal, the recorder shall specify the volume.
    The 22nd under any of the following circumstances, may postpone the hearing: (a) the hearing could not be held due to force majeure, (ii) the justification for the extension of the (iii) other circumstances that may be extended.
    The 23rd under any of the following circumstances shall be suspended the hearing: (a) the presider think that during the hearing raised new facts, grounds and basis for investigation and verification of; (b) the application terminates the hearing of citizens, legal persons or other organizations, of the person succeeding to its rights and obligations has not been determined, and (iii) other circumstances that warrant the suspension hearing. 24th delayed hearings and suspension hearings, Office of Legislative Affairs shall notify the participants in the hearing.
    Extension and stop hearing the case disappeared, Office of Legislative Affairs should resume the hearing, and notify the participants in the hearing.
    25th article has following case one of of, should terminated hearing: (a) application hearing of citizens death, no heir, or heir gave up hearing right of; (ii) application hearing of corporate or other organization terminated, bear its right of corporate or organization gave up hearing right of; (three) applicants in hearing process in the statement exit of; (four) other should terminated hearing of case.
    Article 26th after the end of the hearing, Office of Legislative Affairs should be based on hearing, hearing recommendations made.
    Fourth chapter according to terms of hearing 27th article has following case one of of, hosted sector should reported Board led approved Hou organization hearing: (a) drafting, and amendment of legal, and administrative regulations and regulations directly involved citizens, and corporate or other organization of vital interests, about organ, and organization or citizens on its has major differences views of; (ii) legal, and administrative regulations and regulations provides implementation administrative license should hearing of matters, or administrative organ think need hearing of other involved public interests of major administrative license matters;
    (Iii) before administrative decisions involving significant public interests, that needs a hearing; (d) the Commission considered other matters that need hearing.
    28th host departments shall hold a hearing before the 30th, announced to the public hearings of the time, place, content and application conditions.
    29th meet the required conditions of citizens, legal persons and other organizations, can apply to attend the hearing, may also elect representatives to attend the hearing.
    Host Department hearing matters and citizens, legal persons and other organizations, applications, specify hearing representatives; designated representative should be inclusive and representative of the hearing.
    Article 30th will host departments shall hold a hearing before the 10th hearing served on the hearing on behalf of material.
    31st hearing representative shall attend the hearing in person, and the right to a hearing the necessity, feasibility and specific comments and questions, consult the summary of the hearing.
    Hearing representative shall be devoted to the fact that, realistically reflect the views of citizens, legal persons and other organizations in representatives, compliance with the hearing disciplines, keep state secrets.
    32nd hearings in accordance with the following procedures: (a) the hearing officer announced the commencement of hearing; (b) hearing matters described in the hosting sector, (iii) hearings on behalf of questions and comments; (d) the hearing officer asked; (e) the hearing officer declared the hearing closed.
    Article 33rd host departments shall draw up a record of the hearing, record the main ideas and reasons.
    Article 34th after the hearing ended, host Department summary of the hearing shall be produced according to hearing records, minutes of the hearing shall include a hearing, hearing representatives and accept the situation.
    According to hearing an administrative licensing decision, administrative decisions should be attached to the relevant minutes of the hearing.
    Fifth chapter legal liability article 35th disrupted the hearing order or other prejudice to the normal conduct of the hearing, convened by the facilitator to give warning in serious cases, ordered to asylum hearings.
    36th administrative penalty and hosting departments and their staff on matters of administrative license established in violation of the rules, failing to perform the duty of disclosure shall perform the hearing, by the relevant Department in charge shall command a correction in serious cases, the supervisor directly responsible and other persons directly responsible shall be given administrative sanctions.
    37th parties calling for a hearing in accordance with law or laws, administrative regulations, and rules and regulations of the hearing shall be held and that the legal system work agencies or contractors sector in contravention of this rule without hearing, by the relevant Department in charge shall command a correction in serious cases, the supervisor directly responsible and other persons directly responsible shall be given administrative sanctions.
    Article 38th hearing who violate this rule, perform their duties in the hearings and the prejudice to the participants in the hearing statements, rights of defence, cross-examination, criticized by the relevant authorities; the circumstances are serious, shall be given administrative sanctions.
    The sixth chapter supplementary articles article 39th referred to in these rules 3rd, 5th and 7th days.
                                              40th article of the rules come into force on March 1, 2007.