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Agricultural Administrative Permission Hearing Procedure

Original Language Title: 农业行政许可听证程序规定

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(June 28, 2004 the Ministry of agriculture issued as of July 1, 2004, 35th) Chapter I General provisions article in order to standardize the agricultural administrative permission hearing procedure, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the administrative licensing law, these provisions are formulated.
    Second agricultural administrative agencies drafting laws, regulations, and of provinces, autonomous regions, municipalities as well as the draft regulations implementing the administrative license, hold a hearing in accordance with law, these provisions shall apply. Third hearing organized by the agricultural Administration Office of Legislative Affairs.
    The presiding hearer, hearing officers designated by the Executive in charge of agriculture.
    Article fourth hearing shall follow the principle of openness, fairness and impartiality.
    Chapter II establishment of an administrative license hearings article fifth agricultural administrative agencies drafting laws and regulations and draft regulations of the provinces, autonomous regions and municipalities, and of the proposed establishment of an administrative license, the Bill was submitted to the legislature before considered, can take the form of a hearing for their views.
    Sixth agricultural administrative agencies should be held 30th announcement hearing matters, registration, conditions of participation, application deadlines, and so on.
    Article meets the conditions for administrative organs of citizens, legal persons and other organizations, are eligible to apply to participate in the hearing, can also elect representatives to the hearing.
    Agricultural administrative organ shall, from among the eligible applicants determine the appropriate proportion of the representatives to the hearing, representatives determined should be inclusive, representative, and delegate list announced to the public.
    Agricultural administrative authorities shall hold a hearing before 7th hearing notice and hearing materials served represented.
    Eighth article hearing according to following program for: (a) hearing host introduced legal, and regulations, and Government regulations draft set administrative license of need and implementation administrative license of subject, and program, and conditions, and term and charges, situation; (ii) hearing representative respectively on set administrative license of need and implementation administrative license of subject, and program, and conditions, and term and charges, situation proposed views; (three) hearing should making record, detailed records hearing representative proposed of the views.
    Nineth agricultural administrative laws and regulations, and provincial, autonomous regional and municipal people's Government when the draft regulations submitted to the legislature for consideration, it should be noted, held hearings and adopt the views of.
    Third chapter implementation administrative license hearing first section General provides tenth article has following case one of of, agricultural administrative organ in made administrative license decided Qian, should held hearing: (a) agricultural legal, and regulations, and regulations provides implementation administrative license should held hearing of; (ii) agricultural administrative organ think other involved public interests of major administrative license need hearing of; (three) administrative license directly involved applicants and others Zhijian major interests relationship, applicants, and interest relationship people in statutory term within application hearing of.
    11th hearing by a hearing officer, two hearing organizations, may also be considered depending on a hearing officer organization.
    Staff members review applications for administrative license shall not as a matter of the license hearing or hearing person.
    12th the presiding hearer, hearing one of the following circumstances, shall voluntarily withdraw, the applicant or interested party can also apply for his withdrawal: (a) administrative license applicant, the interested party or its authorized agent have close kinship and (ii) other direct interest in the administrative licensing applications, which may affect the hearing conducted impartially.
    Withdrawal of the presiding hearer, hearing the agriculture heads of executive decision, the recorder of avoidance by the hearing officer decisions.
    13th administrative license applicants, interested parties may attend the hearing, may also appoint 1-2 agent to participate in the hearing. By agents to participate in a hearing, shall be submitted to the administrative authority by the principal signed or sealed by the power of attorney.
    Power of attorney shall set forth the matters entrusted and the jurisdiction, and confirmed by the hearing officer.
    Principal-agent to give up the exercise of the right to a hearing, should have the special authorization of the client.
    14th records officer shall make a written record of the entire contents of the hearing and signed by the presiding hearer, hearing clerk, records clerk. Hearing hearing shall be by representatives or participants in the hearing to confirm correct signature or seal on the spot.
    Refuses to sign or seal, the hearing officer shall be indicated in the record of hearing.
    15th agricultural administrative agencies shall, according to hearing transcripts, make a decision on the administrative license.
    Legislative Affairs Agency shall, within the 5th after the end of the hearing, put forward views on the matters under administrative license, head of the administrative organ to decide.
    Section II hearing procedures article 16th ex officio agriculture Executive to the first paragraph of this article tenth subparagraph (a), (b) the listed administrative licensing hearing, hearing shall be held in the 30th, announced to the public in accordance with article sixth of relevant content, and shall be determined in accordance with article seventh hearing representative, served with notice of the hearing and materials. Section III hearing procedures article 17th under application complies with the provisions of article tenth subparagraph (c) provided the applicant or interested party, shall be informed of the hearing right 5th hearing application to agricultural administration. Fails proposed, waived a hearing.
    Give a hearing, shall be recorded in writing.
    Article 18th hearing applications include the following: (a) hearing the name and address of the applicant, or a legal person, other organization's name, address, name of the legal representative or principal responsible person; (b) the application details of the hearing, (iii) basis, reasons to apply for a hearing.
    Hearing the applicant shall at the same time to provide relevant material.
    19th Legislative Affairs Agency received after the hearing of the application, shall review the application materials; the application materials are complete and shall inform the parties supplemented.
    Any of the following circumstances, inadmissible: (a) non-administrative license apply to the applicant or an interested person, (ii) beyond the 5th period apply; (c) does not meet the other conditions apply for a hearing.
    Inadmissible, it shall notify the inadmissibility grounds.
    20th legislative affairs agency approval, to meet the conditions for a hearing, shall make the notification of the administrative license hearings, hearings before 7th administrative licensing the applicant or interested party.
    The notification of administrative permission hearing shall set out the following: (a) the hearing; (b) the time and place of the hearing, (iii) the hearing, the hearing officer's name, job title and (d) considerations.
    Article 21st hearing after receiving qualified hearing held within the application date of the 20th. Administrative license applicants, interested parties shall attend hearings; don't show up without good reason, or without the hearing officer allowed to leave, waived a hearing.
    Give up hearing the recorded hearing.
    22nd organ for hosting the license after receiving the notification of the administrative license hearings of shall be assigned personnel to participate in the hearing. 23rd article hearing according to following program for: (a) hearing host announced hearing began, read hearing discipline, check hearing participate in people identity, announced case, announced hearing host, and records member list; (ii) told hearing participate in people of right and obligations, asked applicants, and interest relationship people whether application avoided; (three) hosted administrative license institutions assigned of personnel proposed its by understand master of facts, provides review views of evidence, and reason; (four) applicants, and interest relationship people for defence, submitted evidence material
    (V) the hearing officer, hearing officer asked participants in the hearing, witnesses and other persons; (f) the participants in the hearing issued administrative licensing debate on the issues of fact and law, cross-examination of the relevant evidentiary material; (g) the applicant or interested party final statements; (h) the hearing officer announced the end of the hearing.
    24th under any of the following circumstances, may postpone the hearing: (a) the hearing could not be held due to force majeure, (ii) the license applicant and the interested people apply for the withdrawal cannot be decided on the spot, (iii) other circumstances as should be postponed.
    Postponed the hearing, shall notify the participants in the hearing.
    25th under any of the following circumstances, suspension of hearing: (a) applicants, interested parties in the course of the hearing raised new facts, reasons and basis, need investigation; (b) citizens, legal persons or other organizations that apply for a hearing to terminate, person succeeding to its rights and obligations has not been determined, and (iii) the hearing shall be suspended in other circumstances.
    Suspended a hearing, shall notify the participants in the hearing.
    Article 26th delay, suspend the hearing of cases disappear, by the Legislative Affairs Agency has decided to resume the hearing and notify the participants in the hearing.
    27th article has following case one of of, terminated hearing: (a) application hearing of citizens death, no heir, or heir gave up hearing of; (ii) application hearing of corporate or other organization terminated, bear its right of corporate or other organization gave up hearing of; (three) administrative license application people, and interest relationship people clear gave up hearing or was considered gave up hearing of; (four) should terminated hearing of other case. Fourth chapter supplementary articles article 28th hearing shall not collect any fees from the parties.
    Hearing provision included in the Department's budget.
    29th laws and regulations authorized to organize the implementation of administrative licensing needs of agriculture held a hearing, with reference to these provisions.
    30th article of the prescribed time limit to working days, excluding holidays.
                                                                                        31st these provisions come into force on July 1, 2004.