(October 7, 2007 Liaoning Province Government 74th times Executive Conference considered through October 27, 2007 Liaoning Province Government makes No. 214, announced since December 1, 2007 up purposes) first article to perfect administrative reconsideration supervision mechanism, guarantee administrative reconsideration decided full perform, ensure Decree smooth, according to People's Republic of China administrative reconsideration method, and People's Republic of China administrative reconsideration method implementation Ordinance and Liaoning province administrative reconsideration provides, about provides, developed this provides.
Second administrative review decisions in these rules refers to provincial, city and County (including County-level cities and districts, the same below) and discharge the responsibilities of the administrative review is a member agency of the Government (hereafter referred to as the administrative reconsideration organ) issued the administrative reconsideration decision, the notice of suspension.
Provisions of this article applicable to administrative reconsideration decision within the administrative area of our province meet and discharge supervision.
Article fourth provincial, city and county governments on the implementation of the administrative reconsideration decision made by the authorities to implement supervision, specific issues by the level of Government the Department of Legal Affairs (hereinafter referred to as administrative review Department).
Provincial, municipal and county governments discharge the responsibilities of the administrative review Department is responsible for the implementation of administrative review of a decision made by the Department Inspector.
Administrative departments administrative supervision according to law, in accordance with its responsibilities. Article fifth reporting system established an administrative reconsideration decision.
Being the applicant shall administrative reconsideration decision within 15th days of the period of performance will perform and the written report on the results of administrative reconsideration organs.
Sixth article on occurred legal effectiveness of administrative reconsideration decided, was applicants should in following term within full perform: (a) administrative reconsideration decided on perform term made clear provides of, according to its provides; (ii) administrative reconsideration decided on perform term no made clear provides of, which administrative reconsideration decided content involved was applicants issued pension, and social insurance or minimum life guarantees fee of, since received administrative reconsideration decided book of day up 10th; involved other content of, since received administrative reconsideration decided book of day up 30th.
Due to force majeure or in major national policy adjustments and other special circumstances, agreed by the administrative body for reconsideration, administrative reconsideration decision implementation period may be extended appropriately. Seventh article has following case one of of, by was applicants proposed written application, by administrative reconsideration organ agreed, administrative reconsideration decided can suspended perform: (a) was applicants and applicants, and third people reached suspended perform agreement of; (ii) administrative reconsideration organ on this organ made of without administrative litigation of administrative reconsideration decided intends decided itself corrected of; (three) superior Government on subordinate Government or this level Government belongs sector made of without administrative litigation of administrative reconsideration decided intends decided be change or revoked of
And (iv) for the final evidence of change, of administrative reconsideration organs in accordance with the decision to reopen the case and (v) other circumstances that may suspend its performance.
Suspension of the time required to perform, within the period specified in the preceding paragraph is not evaluated.
Eighth article has following case one of of, by was applicants proposed written application, by administrative reconsideration organ agreed, administrative reconsideration decided can terminated perform: (a) applicants and was applicants reached written reconciliation agreement, applicants proposed terminated perform written application of; (ii) application administrative reconsideration of citizens death, no near relatives or near relatives gave up right of; (three) application administrative reconsideration of corporate or other organization terminated, bear its right of corporate or organization gave up right of;
(D) the administrative reconsideration decision is revoked, and (v) other circumstances that can be discharged.
Nineth has to the article seventh and eighth of one of the circumstances listed in, the respondent shall, within the period provided for in article sixth administrative review Department administrative reconsideration decision suspending or terminating the fulfilment of applications, and provide the relevant evidence, audit and report to the administrative body for reconsideration by the administrative review Department approval, can be implemented.
Decided to decided to suspend or terminate the performance of administrative reconsideration, administrative reconsideration decision made by the administrative body for reconsideration shall suspend the performance of notice or notice of termination of the administrative review decisions, stated the reason for suspension or termination, legal basis, and served on the applicant, the respondent and the third party of administrative reconsideration.
Tenth respondent of the provisions not fulfilled within the time limit provided for in article sixth administrative review decisions, the applicant, the third party can apply to the administrative review Department be ordered to perform.
11th administrative reconsideration Department shall receive the ordered performance 5th in which the applicant written notice of the date of the application, administrative review Department by the applicant shall receive a written notice from the date of implementation of the administrative reconsideration decision made in the 10th shows, and provide the relevant evidence, based on.
12th administrative reconsideration sector shall be provided by the applicant in the relevant evidence, according to the review, and received by the applicant to provide evidence, based on the material within 15th of this review has been completed.
13th by the administrative review Department reviews confirm that the respondent failed to carry out an administrative reconsideration decision, departments shall draw up a notice of the order to perform administrative reconsideration, submitted to the administrative reconsideration organ together with related materials for examination and approval.
Implementation notice shall set forth the order were ordered to carry out the name, administrative reconsideration decision, date of service, what needs to fulfil, finally meet its deadlines and do not fulfil their legal responsibilities to be content.
Notice of the order to perform in the name of administrative reconsideration organs, served on the respondent by the administrative review Department and copied to the applicant and the third party.
Article 14th respondent shall, after receipt of notice of the order to perform rates full implementation of administrative reconsideration decision and will fulfil the written report on the results of the administrative review unit.
15th as ordered to discharge the respondent still refused to comply, the Department of administrative reconsideration shall report the relevant written administrative reconsideration organs, and written recommendations to the administrative supervision departments according to law and monitored by the Administrative Department shall be subject to the administrative responsibilities.
Written reports and recommendations set forth in the preceding paragraph, shall set forth the respondent fails to fulfil administrative reconsideration decision facts, and shall bear the legal responsibility for the consequences caused.
Administrative review Department in the administrative reconsideration organ sent the respondent concerned does not fulfil administrative reconsideration decision written reports should be copied to the appointment and removal of the legal representative of the applicant.
Article 16th was the applicant does not perform or unwarranted delay in the fulfilment of decisions of administrative reconsideration, administrative reconsideration organs in accordance with its mandate, the respondent made the following decisions: (a) order the written examination; (b) informed criticism; (c) cancel the year-end assessment qualification.
17th to be the applicant does not fulfil or unwarranted delay in the fulfilment of decisions of administrative reconsideration, administrative supervision departments should be directly in charge of personnel and other persons directly responsible for administrative sanctions of warning, demerit, demerit; ordered to perform still refused to comply, the should be directly in charge of personnel and other persons directly responsible for administrative sanctions of demotion, dismissal, discharge.
Cadre management of administrative reconsideration organs of the respondent permission, shall be in accordance with the provisions of the preceding paragraph the persons directly in charge of administrative sanctions.
Article 18th administrative review Department in administrative reconsideration, administrative supervision departments decided to carry out the Inspector found work associated personnel suspected of a crime, it shall be transferred to judicial organs for handling. Article 19th administrative review Department, staff of administrative departments when performing the administrative supervision of the reconsideration decision, shall perform the duties.
Favoritism, abuse their powers, neglect their duties, be given administrative sanctions by the competent authority; if the case is serious enough to constitute a crime, he transferred to judicial organs for criminal responsibility shall be investigated according to law.
20th article of the regulations come into force on December 1, 2007.