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Guizhou Provincial Administrative Hearing Provisions

Original Language Title: 贵州省行政听证规定

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Administrative hearings in Honours

(Health Annual Meeting of the Government of Honour, 8 January 2012 to consider the adoption of Decree No. 131 of 2 February 2012 No. 131 of the People's Government Order No. 131 of 2 February 2012.

Chapter I General

Article 1, in order to regulate administrative hearings, enhance the scientific, democratic nature of administrative hearings, protect the legitimate rights and interests of citizens, legal persons and other organizations, promote the administration of the executive branch, in accordance with the relevant legislation, to develop this provision in conjunction with the present province.

Article 2

(i) The administrative organs are expected to impose administrative penalties, such as suspension of the production, suspension of licences or licences, and higher amounts of fines, and the administrative organs organize hearings in accordance with the application of the relative administrative authority;

(ii) The law, regulations, regulations stipulating that administrative licences should be subject to hearing, or that administrative authorities consider other important administrative licences requiring hearings involving public interest, as well as administrative licences that relate directly to the important interests of the applicant and others, and that the executive organs should inform or inform the applicant, the stakeholder and hold hearings in accordance with the law;

(iii) The establishment or adjustment of public-private utilities, public service prices, natural monopolies operating commodity prices and service prices, and government pricing, and the application of price hearings in accordance with the law;

(iv) Major administrative decisions, regulations, regulations and regulations that should be heard, as well as major administrative decisions involving significant public interests or the interests of citizens, legal persons or other organizations, and the development of abstract administrative acts, such as draft local legislation, regulations and normative documents, and the need for the administration to organize hearings;

(v) Other matters of hearings should be organized by law.

The executive review body, the letter-of-mission body, organizes administrative review and a letter of hearing, in accordance with the relevant provisions.

Article 3. The hearings should be guided by the principles of legality, openness and impartiality and guarantee the legitimate rights and interests of the applicant and the stakeholder.

Article IV governs and oversees the hearings in the current administration.

The relevant administrative authorities of the Government of the province are responsible for guiding, coordinating and monitoring the hearings of the administrative organs of the system.

Chapter II

Article 5 is the organ of the organization of hearings. The executive body is to make a joint administrative act, and it is proposed that the executive organ of the joint administrative conduct be the organ of the organization.

The executive body to conduct administrative acts is the provincial, municipal, district, and district-level people's government, organized hearings by provincial, municipal (state), district-level government rule-of-law institutions or provincial, municipal, district-level government-designated executive bodies.

Article 6. Hearing is appointed by a hearing body.

Hearing witnesses may be held by one person or composed of more than three persons. More than three witnesses were heard, the hearing body should determine the moderator in the hearing.

Article 7. He or she shall have the following conditions:

(i) Staff of administrative organs;

(ii) The knowledge of the relevant legal knowledge and the relevant administrative business;

(iii) Acquainted with the knowledge of the hearings;

(iv) Directly performers of non-reviewed matters;

(v) Other conditions under the laws, regulations and regulations.

The provincial Government's rule of law body organizes training on legal knowledge and knowledge of the hearing.

Article 8. Hearing witnesses shall perform the following duties under the law:

(i) Hearing the statements and observations of the participants;

(ii) Inquiries about the evidence, material provided by the relevant personnel;

(iii) To require relevant personnel to provide or supplement evidence, material;

(iv) Reports of hearings in writing to the hearing bodies.

Article 9. The moderator shall also perform the following duties, in addition to fulfilling his or her duties as witnesses:

(i) To verify the identity of the participants;

(ii) Presided over hearings and determine the commencement, suspension, termination and closure of hearings;

(iii) Maintenance of a hearing order to put an end to the violation of the rules of hearings.

Article 10 The organization of hearings shall designate staff to serve as a witness record and shall be responsible for the record of the hearings, the collection of evidence and material related to the hearings.

Article 11. Hearing participants include speakers, witnesses, experts, surveyers and translators.

Article 12. Presentations include sectoral and non-sector speakers.

Sectoral speakers refer to the clergy of the hearings. Non-sector speakers refer to the relative executive, stakeholder and social public representatives.

Article 13. Hearing witnesses and recordings should be proactively avoided:

(i) Near relatives of the author of the hearing;

(ii) Near relatives of non-sector speakers or their agents;

(iii) Have a direct stake in dealing with the outcome of the hearings;

(iv) Other relations with hearings may affect fair hearings.

Accreditation, a surveyor or a translator should be avoided.

The non-sector speakers in article 14 have made a request for a waiver, which should be made before the hearing begins and justifys. Resistance is known after the commencement of hearings, or may be made before the closure of the hearings.

Article 15. Resistance of witnesses, recordrs, decided by the organs of the hearing organization; the principal head of the hearing organization shall be the subject of the decision of the superior administrative organ of the hearing organization; and the decision of the hearing facilitators.

Article 16 enjoys the following rights in relation to the administration of the hearing:

(i) Permission of one to two agents to attend hearings;

(ii) Believing witnesses, recorders, validators and translators in a situation where they may be denied;

(iii) Presentation of views, reasons and provision of relevant evidence, material;

(iv) The review recommendations, rationales and evidence, material and evidence submitted by the contractor;

(v) Other rights under laws, regulations and regulations.

Chapter III

Section I General provisions of the hearings process

Article 17 shall be held in public unless it relates to State secret, commercial secret or personal privacy.

Public hearings, civil, legal or other organizations may be heard and journalists may be interviewed by law.

The hearing is conducted in accordance with the following procedures:

(i) The facilitators of the hearing validate the identity and access of the participants and declare the matters related to the hearings;

(ii) The moderator's announcement of the hearing and the presentation of the hearing, the recorder, the declaration of the hearings and the content of the hearings and the right and obligations of the participants;

(iii) Presentations, reasons;

(iv) Presentations by non-sector speakers, reasons;

(v) Hearing the witness to question the author of the hearing;

(vi) In the organization of the hearing of the moderator, the hearing of the witness to be a witness, debate;

(vii) The closing of the hearing by the moderator.

Article 19 The witness participant shall be present at the hearing in accordance with the time and place determined by the hearing body, as well as the question of hearing witnesses.

Non-sector speakers or their commissioners are considered to have waived the right to be heard without undue attendance at hearings or without consent.

Article 20 shall be subject to hearing discipline when the witness is present and the witness is heard.

The moderator may be discouraged by a person who violates the rules of hearings; the dissuade may be blamed for his departure.

Article 21 states that:

(i) The relative executive branch, the stakeholder or the department's presentation cannot participate in the hearings due to force majeure;

(ii) The hearing facilitators, the recorders, the identifiers and the translators need to avoid being able to determine the candidates in a timely manner;

(iii) In the course of hearings, evidence, material re-excise, identification or need to inform new witnesses to testify on the ground;

(iv) There are other circumstances that warrant the suspension of hearings.

After the suspension of the hearings, hearings should be resumed within 10 days and the hearings will continue in accordance with the provisions of this article.

Article 22 states that:

(i) Death of natural persons relative to the administration, or termination by legal or other organizations;

(ii) All non-sector speakers explicitly renounce the right to hearing or are considered to have waived the right to the hearing;

(iii) There is no need to hold hearings due to significant changes in objective circumstances;

(iv) Other cases of hearings should be terminated.

The hearing was terminated before the hearing was held and was decided by the body of the hearing organization and informed the participants of the hearing; the hearing was terminated in the course of the hearings, with the decision of the moderator and recording the file.

Article 23. The author shall produce a hearing note.

The witness, the recordr, the hearing participant confirmed that the hearing was signed or the chapter, which was not validated, and that the witness was denied the signature or the name of the witness and that the author should be kept in the record.

Video recordings and videos of hearings can be made by conditional hearings.

Article 24 shall form a written hearing report based on the content of the hearings.

The hearings should include the following:

(i) The time and place of the hearing;

(ii) Hearing matters and content;

(iii) The basic situation of witnesses, recorders and hearing participants;

(iv) Facts, rationales and evidence, material presented by sector speakers, non-sector speakers;

(v) Evidence, material from witnesses, experts, surveyors and translators;

(vi) Other relevant information to be reported.

In accordance with this provision, the contents of the hearing report may be subject to the limitations set out in the preceding paragraph on the basis of actual circumstances.

Article 25 The moderator shall submit a hearing, a hearing report and related evidence, material to the hearing organization within 5 days of the end of the hearing.

Article 26 listens to the facts and evidence that have been confirmed, and administrative acts should be taken by the executive branch in accordance with confirmed facts and evidence.

Section II Special provisions of the hearings process

Article 27, upon receipt of an application for administrative sanctions hearings, shall, within 3 days, decide whether to be heard and to organize hearings within 15 days from the date of receipt of the request for hearing, shall be communicated in writing, within 3 days, to the grounds.

Article 28Organization of administrative sanctions hearings shall notify the relative person of administrative penalties and the person responsible for the following:

(i) Time, place of hearings;

(ii) Hearing matters and content;

(iii) The basic situation of witnesses and recorders;

(iv) The rights obligations of non-sector speakers.

The evidence and material relating to administrative penalties in article 29 should be presented in administrative sanctions hearings and presented in the evidence.

Article 31: The organ of the organization shall select and recognize the person who participates in the hearings according to the following:

(i) Administrative licence matters may directly involve a significant interest between the applicant and others;

(ii) When there is a large number of administrative licensors, 5 to 10 participants in the hearings were given by the stakeholder; the representative raised difficulties and was represented by the administrative licensor's body through fair and open means, such as drawing lots.

Article 31 of the administrative licensor's organs hold hearings, which are relatively determined by the stakeholder, and the administrative licensor's authorities send a notice of the hearing directly to the stakeholder; the uncertainty of the licensor shall issue a notice of hearing by 10 days of the hearings, setting out the content of the hearings and the procedures, conditions, time frames, and the principle of screening.

The administrative licensor's organs should, in conjunction with the publication of hearings announcements, communicate to the social notices and hearings via media or administrative bodies, such as the press, and the content of the hearings, with the exception of State secrets, commercial secrets or personal privacy.

Article 32 Government price authorities should develop and publish a directory of the price hearings based on the directory of prices in the provinces of Honour; the municipal, district pricing hearings project is defined by a directory of the price of the provincial government.

Article 33 Participants in the price hearing included the proposer of the pricing programme, the proxy, operator and consumer representatives, and the experts, scholars employed by the price authorities. The price hearing may not be less than 15 participants, of which consumer representatives may not be less than five of the total number of participants.

Consumer representatives are chosen by the price authorities on the basis of a free press release, or may be entrusted to consumer organizations or other social groups for recommendation.

Article 34 establishes the price executed in the area of the Bureau or the price reduction is to be reduced, and the price hearing may be subject to a simple procedure as set out below:

(i) A hearing facilitators;

(ii) The price hearing is composed of consumers, operators and less than 9 persons, with the consumer being more than the operators.

Article XV organizes hearings by the organization of hearings on the abstracts set out in article 2, paragraph 1, paragraph 4, of this provision, and shall be made available to the social public by 30 days of hearings, places, hearings, hearings, hearings and requests for participation in hearings and procedures, screening principles for non-sector speakers.

Article XVI sends a hearing instrument such as a hearing, a notice of the hearing, a notice of the hearing, and shall be made public on the main media or administrative bodies on the ground.

Article 37 citizens, legal persons or other organizations that have a major stake in the abstract of administrative conduct hearings may apply as non-sector speakers or may be elected as non-sector speakers.

The organization of hearings shall determine non-sector representations from citizens, legal persons or other organizations that apply for hearings, in accordance with the conditions set forth in the hearings, procedures and screening principles for non-sector speakers.

Non-sector speakers should be broad and representative.

In addition to the State secret, commercial secret, personal privacy, rule 338 of the body of the organization of the organization of a video administrative hearing shall be published within 15 days of the hearing. Except as otherwise provided in laws, regulations and regulations.

Chapter IV Legal responsibility

Article 39 is one of the following cases in the executive branch, which may be recommended by the same authorities as the rule of law of the Government of the general public that it be rectified; the refusal to change or to rectify it, causing harm to the relative or public interest, causing adverse social consequences, and that the competent and other persons directly responsible for direct responsibility are treated by the competent authority in accordance with the law:

(i) Legal, regulatory and regulatory provisions should be communicated to the right to be heard without notification;

(ii) No hearings are organized in accordance with the law upon receipt of the eligible hearings;

(iii) Organizing hearings to violate the hearings process;

(iv) Other grave violations of this provision.

Article 40. Hearing witnesses, recorders who play a role in hearing, abuse of authority, provocative fraud, has grave consequences, which have not yet been a crime and have been subject to administrative disposition by the relevant authorities.

Chapter V

Article 40 deadlines for the holding of hearings by the executive organs are not calculated within the time frame for the adoption of the administrative decision by the executive organs, in accordance with the law, legislation and regulations.

This provision is calculated on the day of work.

Article 42

Article 43 thirteenth requirements for hearings are borne by the executive body that is to make administrative acts, and no charges shall be charged to the witness participants or otherwise charged.

Article 44 provides that the laws, regulations and regulations of the Department of State provide otherwise for hearings.

Article 42