Guizhou Provincial Administrative Hearing Provisions

Original Language Title: 贵州省行政听证规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369090.shtml

Guizhou provincial administrative hearing provisions

    (Guizhou Provincial people's Government, the 56th Executive meeting January 8, 2012 through February 2, 2012 131th promulgated by the people's Government of Guizhou province as of July 1, 2012) Chapter I General provisions

    First in order to standardize the administrative hearing, improve the scientific and democratic nature of administrative hearing, protect the legitimate rights and interests of citizens, legal persons and other organizations to promote administration according to law, in accordance with the relevant laws and regulations, combined with the facts of the province, these provisions are formulated.

Second provincial executive authorities, authorized by laws and regulations of the Organization and the administrative organs in accordance with the delegated organization (hereinafter administrative authorities) would like to make the following administrative act, initiative or request organizational administrative hearing (hereinafter hearings), these provisions shall apply:

(A) the administrative organ intends to make order to suspend and revoke licenses or license, large amounts of administrative penalties such as fines, administrative organs according to the administrative hearing of the applicant organization;

(Ii) laws, regulations, rules and regulations the implementation of administrative licensing matters should be hearing or administrative hearings it deems it necessary, other major administrative licensing matters concerning public interest, as well as the administrative licensing directly related to the vital interests of relationship between the applicant and others, the administrative organ shall be announced to the public or to inform the applicant or interested party, and held a hearing in accordance with law;

(C) develop or adjust prices of public utilities in the vital interests of the people and public services prices, natural monopoly prices and service prices, Government-guided prices, Government pricing, price hearing according to law;

(D) the laws, rules and regulations should be hearing major administrative decisions involving significant public interests or the interests of citizens, legal persons or other organizations of major administrative decisions, to formulate local laws, regulations and regulatory documents such as the draft abstract administrative actions, the Executive sees the need to organize a hearing;

(E) the hearing shall be shall be organized and other matters.

    Administrative reconsideration, administrative reconsideration petition authorities organizations, petition a hearing, in accordance with the relevant provisions.

    Third hearing shall follow the principles of lawfulness, openness, fairness, protect the legitimate rights and interests of the applicant or interested party.

Fourth rule of the people's Governments above the county level body responsible for guiding, supervising the administrative hearings.

    Provincial administrative departments in charge of guidance, coordination and supervision of the system administrative agency hearings.

    Chapter II hearing organizations Article fifth administrative acts of the executive authorities are hearing organs.

Executive would like to joint administrative act, proposes to make administrative acts of the executive authorities as common organs of hearing.

    Proposed administrative act is provincial and municipal administrative organs (State), the people's Governments at the county level, by province, city (State) agencies or provincial and municipal and County legal system (State), designated by the people's Governments at the county level administrative body hearing.

Sixth hearing by hearing organization designated hearing people. From 1 person to serve as hearing people, can also be made up of more than 3 persons singular.

    Listening to witnesses for more than 3 people, organization of the hearing authority shall hear witnesses identified in the hearing.

Article seventh hearing shall meet the following conditions:

(A) administrative personnel;

(B) have appropriate knowledge of the law and related administrative business knowledge;

(C) familiar with the business knowledge of the hearing;

(D) the non-hearing direct employees;

(V) other conditions stipulated by laws, rules and regulations.

    Provincial legal authorities, in conjunction with relevant departments organized for hearing people in legal knowledge and operational training of the hearing.

Article eighth hearing shall perform the following duties:

(A) listen to the participants in the hearing of the statements, views;

(B) the evidence provided to relevant personnel, materials for questioning;

(C) request relevant personnel to provide or supplement evidence, material;

    (D) report to the organs of hearing in writing a hearing.

Nineth hearing people of hearing in addition to duties, and perform the following duties:

(A) verification of capacity as participants in the hearing;

(B) preside over the hearings, decided to start, suspend, terminate, and the end of the hearing;

    (C) maintenance of order hearing against acts contrary to the hearing disciplines.

    Article tenth hearing organization shall appoint a staff member to serve as hearing record, responsible for recording, collecting and hearing hearing evidence, relating to the material.

    11th hearing people consists of presenters, witnesses, expert witnesses and inspection personnel and translators.

Article 12th presenters include departments and non-departmental State people. Sector employees statement refers to hearing matters.

    Non-departmental State refers to administrative people, representatives of the interested parties and the public.

13th hearing people and the recorder, one of the following circumstances shall be active avoidance:

(A) are close relatives of the sponsor of the hearing;

(B) close relatives of the person or his or her agent is a Department statement;

(C) the matter has a direct stake in the outcome of the hearing;

(D) have other relationships with hearing matters, which may affect the fair hearing.

    Appraisers and inspectors or translators of any of the circumstances set forth in the preceding paragraph, he shall withdraw. 14th non-departmental State people applying for withdrawal, should be submitted before the hearing began, and state the reasons.

    Withdrawal cause know after the hearing began, also be submitted before the end of the hearing.

    15th hearing people, records, people withdrawal, decided by the organs of hearing; hearing organs primarily responsible as a hearing person's avoidance, by executive decision on the organs of hearing level; avoidance of others decided by the hearing officer.

16th to the hearing of the administrative relative person enjoys the following rights:

(A) may appoint 1 or 2 agents to participate in the hearing;

(B) thinks hearing people, records, experts and translators to avoidance of situations may apply for his withdrawal;

(C) relevant comments, reasons stated, provide relevant evidence, materials;

(D) to contractors to review recommendations of the staff, grounds and evidence, material to plead and cross-examination;

    (E) other rights prescribed by law, rules and regulations.

    Chapter III hearing procedures

    First hearing procedure General provisions

Article 17th involving State secrets, business secrets or personal privacy, the hearing shall be held in public.

    Public hearing to be held, citizens, legal persons or other organizations may attend, journalists can interview in accordance with law.

Article 18th hearing in accordance with the following procedures:

(A) hearing and authenticate the identity of participants in the hearing, announced a hearing related to disciplinary hearings and field notes;

(B) the hearing officer announced the beginning of the hearing, introduction to participants in the hearing, recorder, announced hearings and hearings to inform the rights and obligations of the participants in the hearing;

(C) the Department stated opinions, reasons stated;

(D) non-departmental human representations, reasons stated;

(E) hearing people statement on matters related to the hearing for questioning;

(F) at the hearing, organized by the participants in the hearing for cross-examination, debate;

    (VII) the hearing officer announced the end of the hearing.

19th hearing organs of an organization of participants in the hearing in accordance with established time, attend hearings, and truthfully answered the questions of hearing people.

    Non-departmental State or its authorized representative fails to attend the hearing or withdrew from the hearings without her permission, waived a hearing rights.

Article 20th hearing participants and visitors attended the hearing, and shall observe the hearing disciplines.

    Persons for violation of the hearing disciplines, the hearing can be discouraging; do not scatter, can be ordered to leave.

Article 21st of the following circumstances, it shall suspend a hearing:

(A) the administrative relative person, interested parties or departments presenters due to force majeure, unable to attend the hearing;

(B) the hearing officer and the recorder, expert witnesses, interpreters need to be avoided, it could not be established in a timely manner;

(C) in the course of the hearing, need for evidence, material investigation, expert evaluation or necessary to summon new witnesses to testify;

(D) they have other legitimate reasons for suspension hearings.

    Suspended hearings is eliminated, and hearing shall be restored in the 10th, organized by the hearing organ in accordance with these provisions continue to hold a hearing.

Of the 22nd under any of the following circumstances, it shall terminate the hearing:

(A) the administrative relative person's natural death, termination of legal person or other organization;

(B) all non-departmental statements expressly waives hearing rights or be construed as a waiver of hearing rights;

(C) due to significant changes in the objective circumstances, which is holding a hearing is not necessary;

(D) the hearing shall be terminated in other circumstances.

    Termination hearing prior to the hearing, decided by the organs of hearing and notify the participants in the hearing; hearing terminated during the hearing, by the decision of the hearing officer and recorded on the volume.

23rd record of the hearing shall be made into a hearing.

Listen to witnesses, records people, participants in the hearing confirm that the hearing immediately after signature or seal; participants in the hearing without justified reason refuses to sign or seal, the records shall specify volumes.

    Conditional hearing organs can be audio and video of the hearing process.

Article 24th hearing shall be according to the content of the hearing, a written hearing report.

Hearing reports should include the following:

(A) the time and place of the hearing;

(B) the matters with the contents of the hearing;

(C) hearing people, records, the basic situation of participants in the hearing;

(D) departments put forward by presenters, non-departmental statements of facts, reasons and evidence, and materials;

(E) the witnesses, expert witnesses and inspection personnel and evidence presented by the translator, materials;

(F) other relevant circumstances should report.

    In accordance with the termination hearing, hearing of the report may be based on reality and not be restricted by the provisions of the preceding paragraph.

    25th hearing shall after the end of the hearing the 5th hearing, hearing reports and relevant evidence, and materials submitted to the organs of hearing.

    Article 26th hearing on the facts and evidence have confirmed, the executive authorities should be based on facts and evidence, fully absorb, adopt the reasonable advice and recommendations, make administrative action.
Section II special provisions on the procedure of hearing

    27th after receiving applications for administrative punishment hearing, administrative organs, shall decide whether the hearing within the 3rd, and from the date of receiving the application for hearing within the 15th hearing; hearing conditions are not met, shall inform in writing within the 3rd no hearing, and explain the reasons.

28th hearing organs organize administrative punishment hearing, the hearing shall be in 7th, informed the administrative penalties, relative or interested party the following:

(A) the time and place of the hearing;

(B) the matters with the contents of the hearing;

(C) hearing people and to record basic information;

    (D) as a non-departmental State human rights obligations.

    29th administrative penalty-related evidence, material should be presented in the administrative punishment hearing and cross-examination.

Article 30th administrative permission hearing organs shall, in accordance with the following method, confirmed to the hearing of the interested person:

(A) the matters under administrative license may be directly related to the major interests of the applicant and others;

    (B) administrative permit interested many, by the interested person to nominate 5 to 10 representatives to the hearing; representative elected difficult, institutions through the drawing of lots by the administrative license hearings of organizations such as fair, representatives of the public hearing.

31st organ under the administrative license hearings of organizations holding hearings, interested relative, the administrative license hearings of organs of an organization directly to serve a notice of hearing by the interested; interested parties uncertain, published 10 days before the hearing should be held in the hearing notice, containing the hearing and not sure interested people apply to the hearing procedures, conditions and time limits, filter, and so on.

    Organization of administrative permission hearing authority shall publish notice of the hearing at the same time, through newspapers and other media or administration Web site to announce important associated with hearing issues, hearing information that involve State secrets, business secrets or private affairs otherwise.

    Article 32nd province, Guizhou province, Government price departments shall, in accordance with the price worked out and published the catalogue price list of hearing; cities and counties project pricing hearing pricing hearing released by the provincial Department in charge of price list to determine the scope. Article 33rd price pricing programme participants in the hearing included people, representative of operators and consumers, pricing the cost supervision and examination, and pricing departments to employ experts and scholars.

Price hearing participants shall not be less than 15 people, which shall not be less than the total number of participants in the hearing of representatives of consumer two-fifths.

    Consumer representatives by the Department in charge of price under free entry randomly selected or commissioned consumer organizations or other community groups recommended.

Article 34th or intended to lower the price of the price in local areas, the price hearing summary in accordance with the following provisions:

(A) from 1 hearing;

    (B) the price of participants in the hearing from consumers, operators, not less than 9 people, which should be more consumers than the operator number.

    35th hearing organs of these provisions, article abstract administrative action listed in the fourth hearing, hearing shall be held in the 30th, to announce the time and place of the hearing, hearing, hearing and attend the hearing of the application conditions and procedures, non-departmental statements, principles of human filtering and so on.

    Article 36th organization of abstract administrative act hearing served on the hearing notice, notice of hearing and other hearing instrument, should be in the local media or Executive site service shall be published.

Hearings on 37th and abstract administrative acts have a strong stake in citizens, legal persons or other organizations, are eligible to apply as a non-departmental State people, people are able to elect their representatives to sit as non-departmental statements.

Hearing organs shall, in accordance with notice of the hearing to determine the conditions, procedures and the principles of non-departmental selection of presenters, from the application to the hearing of citizens, legal persons or other organizations identified in non-departmental State people.

    Non-departmental statements shall be inclusive and representative. Article 38th involving State secrets, business secrets and personal privacy, the abstract administrative behavior hearing organs reported hearing shall be published in the 15th after the end of the hearing.

    Except as otherwise provided by laws, rules and regulations.

    The fourth chapter legal liability

39th Executive has any of the following circumstances, legal organization can related departments of the people's Governments at the same level shall be ordered to correct; refused to correct or not correct, cause damage to people or public interest, adverse social consequences, by the competent authority directly responsible for the personnel and other persons directly responsible shall be given administrative sanctions:

(A) the laws, rules and regulations shall inform the hearing rights not disclosed;

(B) received after the hearing of the application does not meet the conditions of hearing according to law;

(C) organizing hearings violation hearing procedures;

    (D) other serious violations of the provisions of the Act.

    40th hearing people and the recorder in dereliction of duty, abuse of power, favoritism in the hearings, resulting in serious consequences, does not constitute a crime, shall be given administrative sanctions by the relevant authorities.

    The fifth chapter by-laws

41st term of the administrative organ is holding a hearing, not included in laws, regulations, administrative organs the administrative decision within the time limit.

    Day on working days in these rules.

    42nd organization served hearing notice, notice of hearing and other hearing instruments in the light of the People's Republic of China civil procedure law shall be dealt with.

    43rd hearing requirements by proposed administrative actions of the organ shall not charge any fee charged to participants in the hearing or disguised.

    44th laws and regulations and otherwise provided by the departments under the State Council regulations on hearing from its provisions. 45th article of the regulations come into force on July 1, 2012.