Guangdong Province, A Major Administrative Hearing Provisions

Original Language Title: 广东省重大行政决策听证规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201307/20130700388809.shtml

Guangdong Province, a major administrative hearing provisions

    (February 5, 2013 consideration Standing Committee of the 12th municipal people's Government of Guangdong Province the 1th April 1, 2013 183th promulgated by the people's Government of Guangdong Province as of June 1, 2013) Chapter I General provisions

    First to standardize the administration of the province major administrative decision hearing activities, promoting science, democracy and law decisions, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the decision of the State Council concerning strengthening the administration by law of city and County Government and the opinions of the State Council on strengthening the construction of Government governed by law and other relevant provisions, combined with the facts of the province, these provisions are formulated.

    Second provincial people's Governments, the people's Government above the county level departments at all levels within the administrative area (hereinafter administrative authorities) to undertake major administrative decision hearing, these provisions shall apply.

    Otherwise provided for by laws, rules and regulations, from its provisions.

    Article III legislative affairs institutions at all levels are responsible for the major administrative decision hearing the guiding, coordinating, monitoring and institution-building efforts.

    Supervisory organs at all levels to monitor the major administrative decision hearing according to law.

    Article fourth the following situations belong to the major administrative decisions, shall organize the hearing:

    (A) laws, regulations, rules and regulations should be hearing of administrative decisions;

    (B) development planning matters involving significant public interests, such as administrative decisions;

    (C) education, health care and other social covers a wide range, are closely related to people's interests in administrative decision-making;

    (D) the Administration finds that the matters requiring administrative decision of a hearing.

    Fifth, in accordance with this article fourth major executive decisions of the hearing, the administrative organs shall formulate list of hearings and announced to the public.

    Administrative authorities shall, in accordance with the law, rules, regulations and economic and social development, list of revision hearings in a timely manner.

    Sixth major administrative decision hearing shall follow the principle of openness, fairness and justice, fully hear the views of citizens, legal persons and other organizations to protect their State and the right of cross-examination.

    Chapter II hearing organs

    Article seventh hearing organs are major administrative decisions of administrative authorities.

    Major administrative decision-making organ of the people's Governments above the county level can be recommended by the administrative decision made bodies or other bodies designated by the Government as the organs of hearing.

    Eighth major administrative decisions made jointly by two or more administrative authorities, jointly organized by the relevant administrative organ of hearing, or one specified by their common administrative organ at a higher level administrative body hearing.

    Nineth Executive may authorize institutions of higher learning and scientific research institutions, social organizations, as well as other organized hearings with public administration functions.

    Chapter III hearing officer

    Article tenth hearing include hearing and hearing presenters and participants in the hearing. 11th hearing officer designated by the organs of hearing.

    Any of the following circumstances may not serve as a hearing officer:

    (A) participate in developing the administrative head of the decision;

    (Ii) has an interest in hearing matters;

    (C) other information which may affect the fairness of the hearing.

    12th hearing officer shall perform the following duties:

    (A) preside over the hearing;

    (B) the maintenance of order hearings, for acts in violation of hearing disciplinary warning or to take the necessary measures to stop it;

    (C) decided to suspend and restore the hearing;

    (D) other duties stipulated by laws, rules and regulations.

    13th hearing statements by the administrative decision making recommendation of Agency staff.

    Hearing statements shall truthfully hearing matters of content, rationale, justification and background, and responded to participants in the hearing of the inquiry.

    Article 14th hearing participants volunteered to participate in the hearing of citizens, legal persons and other organizations.

    Participants in the hearing to collect public views, access to materials associated with the hearing, the hearing raised a question on matters, comments and get responses in a timely manner.

    Participants in the hearing shall attend the hearing, comply with the hearing disciplines, objective, impartial and reflect observations and recommendations relating to the subject matter of the hearing.

    Other draft decisions recommended in writing by the participants in the hearing, and shall state the basis and reason.

    The fourth chapter organization of the hearing

    15th hearing held in Live meeting, may be held by video, Internet and other forms. 16th hearing organs should be held at the hearing prior to 30th, the people's Governments at the corresponding level portal site or portal published notice of the hearing.

    Hearing notices shall include a hearing's purpose, content, basis, time and place of the hearing and how the participants in the hearing and so on.

    Organization of the hearing authority shall, through press conferences, press, radio, television or the Internet or any other means to widely publicized hearings matters, and encourage the active participation of the public.

    17th hearing organs hearing shall be in accordance with the nature, complexity and scope, in accordance with the principle of universality and representation, reasonable participants in the hearing range, number, scale, and duration of the hearings, and set out in the notice of the hearing.

    18th the citizens, legal persons and other organizations based on the hearing notice volunteered to participate in the hearing.

    Citizens, legal persons and other organizations signed up for hearing shall state the basic comments on the hearing, and by hearing organization authority record.

    19th number of participants in the hearing by hearing organs according to article 17th determined, but not less than 8 people.

    Holding similar views the number of applicants exceeds the number of predetermined proportion of participants in the hearing, the applicant may recommend themselves participants in the hearing consultation recommended where there is difficulty, drawing lots should be taken.

    Applicants or participate in the hearing of the actual number less than the number specified in the first paragraph, the hearing should be postponed.

    Staff as the 20th hearing should be held at the hearing by 20th and by the people's Governments at the corresponding level portal site or portal published.

    Hearing list should include the presiding hearer, hearing presenters, participants in the hearing and the status of the above content.

    Article 21st hearing notice and hearing matter contents, basis, as well as relevant background material should be served on the participants in the hearing before the hearings held on 10th. Hearing organs provided material should be informative and accurate, and easy to understand.

    Participants in the hearing of different comments on the material, organization of the hearing authority shall do materials supplement or explain.

    The fifth chapter held hearings

    22nd hearing shall be held openly, allowing citizens, legal persons and other organizations to attend shall not be denied news media reports, that involve State secrets, business secrets and personal privacy exception.

    23rd hearing in accordance with the following procedure:

    (A) staff to verify hearing presenters and participants in the hearing.

    (B) the hearing officer announced the commencement of hearings, announced hearings on discipline, subject matter of the hearing and the hearing, the hearing list of presenters and participants in the hearing.

    (C) hearing statement stated that hearing the content, rationale, justification and background; other put forward by the participants in the hearing to present its draft decisions recommended by the content, basis and rationale.

    (D) the participants in the hearing of the views and recommendations of the hearing.

    (E) hearing presenters to participants in the hearing of the questions, comments and suggestions to respond.

    (Vi) public hearing presenters and participants in the hearing the hearing to debate the main facts and opinions.

    (G) hearing officers for a final statement.

    (H) the hearing officer declared the hearing closed. 24th participants in the hearing in the hearing process and their right to exercise objection, you can submit to the hearing officer on the spot.

    Presider think it would be in violation of these provisions, it should be corrected.

    25th hearing shall make a record of hearing, organized by the hearing body faithfully record the main ideas and reasons.

    Hearing by hearing, hearing presenters and participants in the hearing signed and archived. Hearing people believe that omissions in the record of hearing have the right to demand corrections.

    Participants in the hearing refused to sign, and organization of the hearing authority shall indicate in the record of hearing. 26th hearing organs of an organization should be in the 10th after the end of the hearing, according to hearing transcripts produced hearing report.

    Hearing reports should be independent, impartial and objective, and include the following:

    (A) hearing the basic situation of the Organization;

    (B) the participants in the hearing and its basic situation;

    (C) the principal observations or recommendations and their rationale and the justification for the hearing;

    (D) the main hearing arguments of the parties;

    (E) analysis of the views and recommendations of the hearing;

    (Vi) other caveat.

    Report shall be attached to the hearing hearing record and other related information.

    Chapter Sixth hearing outcome and use

    27th administrative organs shall report the hearings as an important reference for administrative decisions. 28th in hearings by administrative organs ' legitimate comments and suggestions should be absorbed, adoption.

    Opposing views on most of the participants in the hearing of major administrative decisions, the administrative organ shall be further discussed before making decisions.

    Adoption of opinions and recommendations as well as inadmissible reasons, organs of hearing shall be made in writing to the participants in the hearing feedback, and in an appropriate manner to the public.

    Article 29th major matters of administrative decision hearing without hearing according to law, the administrative organ shall not make administrative decisions. 30th government legislative bodies should be hearing according to law as a major content review of legality of administrative decision-making.

    Major administrative decisions of the hearing without hearing according to law, and not through a legal review.

    The seventh chapter legal liability
31st people's Governments above the county level shall undertake major administrative executive decision-making as important content of Administration assessment of the testimony.

    32nd Executive in violation of the provisions of article, any of the following circumstances by the supervisory organ or the higher administrative authorities in accordance with the relevant provisions, investigated for administrative liability can be directly responsible for the charge and other direct liable persons shall be given administrative sanctions:

    (A) the list of failing to develop a hearing;

    (B) hearing and not hearing according to law;

    (C) in accordance with the prescribed procedures organizing hearings;

    (D) in the course of the hearing to deception or other improper means to influence the results of the hearing;

    (E) other circumstances that violate these regulations.

    The eighth chapter by-laws

    Article 33rd laws and regulations authorized by the Organization to carry out major administrative decision hearing a reference to these provisions. 34th article of the regulations come into force on June 1, 2013.