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Water License Hearings Of Administrative Provisions

Original Language Title: 水行政许可听证规定

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(May 24, 2006 of Ministry of water resources released 27th come into force on the date of promulgation) first in order to standardize the behavior of water administrative licensing hearing to protect water and the legality of the administrative licensing and science fair, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China administrative licensing law and the implementation measures for administrative licensing and other related provisions of the water, these provisions are formulated. Second water administrative licensing organ tissue water administrative licensing hearing, the application of this provision.
    Otherwise provided for by laws, rules and regulations, from its provisions.
    Water administrative licensing hearing by the proposed water administrative licensing of water administrative licensing organ responsible for organizing.
    Water administrative licensing hearing article should follow the legal principle, open, fair, just and convenient, fully hear the views of citizens, legal persons and other organizations, protection of its statement, the defence and the right of cross-examination.
    Fourth law and regulations, regulations should implement the administrative licensing hearing matters of water administrative licensing organ in water administrative licensing decision, the hearing shall be held. Following water administrative license matters, water administrative license implementation organ in made water administrative license decided Qian, think involved public interests need hearing of, should held hearing: (a) rivers, and Lake and groundwater resources configuration of major water administrative license matters; (ii) involved waters water ecological system protection of major water administrative license matters; (three) involved water engineering security of major water administrative license matters; (four) involved flood control security of major water administrative license matters; (five) involved soil erosion control of major water administrative license matters
    (Vi) involves different administrative boundaries reach or the major transboundary river water administrative licensing items; (g) requires the hearing of other major water administrative licensing matters concerning public interest.
    Fifth article water administrative license matters directly involved applicants and others Zhijian major interests relationship of, water administrative license implementation organ in made water administrative license decided Qian, should making hearing told book, told applicants, and interest relationship people enjoys requirements hearing of right; applicants or interest relationship people in was told hearing right of day up 5th within requirements hearing of, should submitted hearing applications; late not application of, considered gave up hearing.
    Hearing the application shall include the following: (a) the applicant or an interested person's name (name), address, legal person, other organization name of the legal representative or principal responsible person, (ii) specific issues and requirements to apply for a hearing; (c) the basis and reason to apply for a hearing.
    Apply for a hearing of the applicant or an interested person shall also provide materials for applications relating to the subject matter of the hearing. Sixth water administrative licensing organ received after the hearing of the application, shall review the application materials within the 5th.
    Application materials are available, and shall inform the applicant or interested party needs correction of everything application materials comply with the requirements of form and content shall be from the date of receipt of the application materials in the 20th hearing.
    Seventh article water administrative license implementation organ according to this provides fourth article held hearing of, should in held hearing 20th Qian, to social announcement hearing content and hearing representative people of registration requirements and the produced way, announcement term shall not less than 5th; announcement term expires Hou, should according to fair, and just and public of principles, both about parties of lawful rights and interests of, from voluntary registration of personal or organization in the determine hearing representative people, hearing representative people General not over 15 name.
    According to the provisions of article fifth hearing, apply for a large number of hearing the applicant or an interested person, shall recommend a hearing representative, the hearing person does not normally exceed 15; featured a hearing representative is difficult, water administrative licensing organ may with the applicant or interested party consultation hearing representative.
    Eighth water administrative licensing organ should be to hold a hearing will be held before the 7th hearing time, location, hearing and other hearing staff inform the participants in the hearing.
    Participants in the hearing without justified reason not to attend the hearing, or permit leave without hearing, deemed to have waived the hearing.
    Waiver of hearing or be construed as a waiver of hearing, shall not again to request a hearing on the same matter.
    Article Nineth except State secrets, business secrets or personal privacy is involved, a hearing shall be held in public.
    Water administrative licensing organ should be in hearings before the 3rd to society announcements, as holders of identity cards of citizens, legal persons or other organizations can attend.
    Article tenth hearing, other staff consists of water administrative licensing organ of hearing to review the water permit application administrative staff officer, responsible for the conduct of the hearing, records organization.
    Major, complex or controversial water administrative licensing hearing, by the water administrative licensing organ staff hearing officer of the Office of Legislative Affairs.
    Hearing officer designated by the head of water administrative licensing organ, other specified by the hearing officer hearing staff. 11th article hearing host perform following duties: (a) decided hearing of time, and locations, and will hearing notice, material served hearing participate in people; (ii) presided over hearing, maintained hearing order; (three) on hearing matters asked hearing participate in people; (four) heard hearing participate in people of statement, and defence; (five) received and audit about evidence, requirements hearing participate in people provides or added evidence, decided witnesses attended testified,; (six) decided hearing of extension, and suspended, program matters; (seven) legal, and regulations, and
    Other duties as prescribed by the regulations.
    12th hearing participants include water administrative licensing examiners and applicants, interested parties, the hearing representative, agent of the applicant or an interested person, etc. The applicant or interested party may appoint one or two representatives to participate in the hearing. Agents to participate in a hearing, shall submit a signed or sealed by the principal power of attorney.
    Power of attorney shall set forth the matters entrusted and the permissions.
    13th hearing participants believe that hearing and other hearing staff members have direct relation with the water administrative licensing items and the right to apply for his withdrawal; hearing and other hearing staff can voluntarily withdraw.
    Hearing avoided decided by the head of water administrative licensing organ and other staff to avoid the hearing by hearing officer decisions.
    14th article hearing according to following program for: (a) hearing host announced hearing causes and hearing discipline; (ii) hearing host verified hearing participate in people of identity, told hearing participate in people of right and obligations, asked hearing participate in people whether application avoided; (three) water administrative license application of review personnel proposed review views, and reason and evidence; (four) water administrative license of applicants, and interest relationship people, and hearing representative people or its agent published views, proposed evidence;
    (E) the participants in the hearing the parties ' representations and cross-examine; (f) the participants in the hearing the parties make a final statement and (VII) hearing officer announced the end of the hearing. 15th record shall be kept of the hearing.
    Hearing record should contains Ming following matters: (a) hearing host and other hearing staff of name, and positions; (ii) hearing participate in people of name (name), and address, basic situation; (three) hearing of causes, and time and locations; (four) hearing participate in people proposed of views, and reason and evidence; (five) hearing participate in people of defence, and quality card and statement situation; (six) hearing extension, and suspended of description; (seven) hearing host on hearing process in the about matters of processing situation; (eight) other need contains ming of matters. Before the end of the hearing, it should be read to participants in the hearing record of hearing or reading, participants in the hearing to confirm correct signature or seal.
    Participants in the hearing considered records of any errors or omissions, is entitled to ask for correction; participants in the hearing refuses to sign or seal, shall be set out in the record of hearing.
    Article 16th after the end of the hearing, the hearing officer hearing reports of hearing and review comments should be written, and together with the record of hearing water administrative licensing organ; water administrative licensing organ shall, according to transcripts of the hearing, to grant water administrative licensing decision or not water administrative licensing decision, which the hearing should be devoted.
    17th article has following case one of of, can extension held hearing: (a) hearing participate in people proposed avoided application reason established, temporarily cannot determine hearing host of; (ii) hearing participate in people in hearing process in the proposed new of facts, and reason and according to, need survey verified of; (three) hearing participate in people application extension, has due reason of; (four) other need extension of case.
    18th under any of the following circumstances, may suspend the hearing: (a) citizens, legal persons or other organizations that apply for a hearing to terminate, the person succeeding to its rights and obligations has not been determined, (ii) the participants in the hearing cannot participate in the hearing due to force majeure, (iii) the hearing shall be suspended in other circumstances.
    Article 19th hearing postponed, suspended, it shall notify the participants in the hearing.
    Hearing postponed, suspended after the water administrative licensing organ shall decide to resume the hearing within the 7th, and notify the participants in the hearing.
    Article 20th hearing of the participants in the hearing and visitors shall abide by discipline, shall not interfere with or damage the hearing order.
    For violations of the provisions of the preceding paragraph, the hearing officer shall stop; it refuses to, may be ordered to leave.
    21st hearing participants think hearing program in violation of the People's Republic of China on administrative licensing law or these regulations, can contribute to the implementation of administrative licensing hearing or water body, hearing or water administrative licensing organ should be made to the reply and clarification. 22nd water administrative licensing organ and its personnel in violation of the provisions of any of the following circumstances, the relevant administrative authority shall order rectification are serious, the managers directly responsible and other persons directly responsible shall be given administrative sanctions:

    (A) the hearing shall be held in accordance with law without holding a hearing, (b) violation of the procedure of hearing, and (iii) does not comply with the statutory duty of disclosure and (iv) other violations in the hearing.
    Article 23rd hearing costs borne by water administrative licensing organ, the applicant, the representatives of interested persons and hearing people do not bear the costs of hearing.
                                                                  24th article of the provisions come into force on the date of promulgation.