Key Benefits:
(Adopted by the 58th Standing Committee of the People's Government of Southern West Province on 23 April 2007 No. 156 of 29 April 2007 by the People's Government Order No. 156 of 29 April 2007 (Act of 1 July 2007) Article 1 protects the legitimate rights and interests of citizens, legal persons and other organizations, preserves public interests and social order, guarantees and monitors the effective implementation of administrative licences by the executive branch, in accordance with the National People's Republic of China's administrative licence law, and develops this approach in conjunction with this province. Article 2 The law, legislation and regulations authorize the application of administrative licences to an organization that administers the functions of the public service and apply the provisions of the scheme relating to the administrative organs. Article 3. The executive body shall organize hearings on the following administrative licence matters: (i) Legal, regulatory and regulatory provisions stipulating that administrative licences should be heard; (ii) In the opinion of the executive branch, there is a need for hearing of important administrative licences involving public interest; (iii) The applicant for an administrative licence to be informed by law of the right to the hearing, the owner of the relationship raises the application for hearing within the statutory period. Article IV should follow the principles of legality, openness, equity, justice, efficiency and popularity. In addition to involving State secret, commercial secret or personal privacy, hearings are held openly and allow citizens, legal persons and other organizations to listen and receive social oversight. Article 5: The hearing is organized by the executive body competent to make administrative licence decisions; the administrative organ entrusted with the administrative licence shall organize a hearing on behalf of the executive body. Two or more administrative authorities shall be required to be heard in accordance with the law, and the hearings shall be organized separately or jointly organized. The administrative licence matters determined by the executive branch of the executive branch shall be subject to a hearing by the executive organs of the executive branch of the executive branch of the executive branch after review by the lower executive branch; however, the administrative licence shall be submitted by law to the State or the Department of State for administrative licence decisions and shall be implemented in accordance with the relevant provisions of the State. The hearing of witnesses includes the hearing facilitators, the hearingers and the recorders. The moderator and the hearing officer are appointed by the executive head; the recorder is appointed by the moderator. Article 7 (i) Persons other than those reviewing the administrative licence application; (ii) Com familiarity with the hearings process and provisions relating to the administrative licence matters; (iii) A certain organizational capacity; (iv) Other conditions set forth in laws, regulations and regulations. Article 8 (i) Organization of hearings programmes; (ii) Determination of the duration, place of the hearings; (iii) Organizing hearings; (iv) To receive the relevant evidence; (v) Maintain the order of the hearings; (vi) Organization of hearings reports; (vii) Other responsibilities under the law, regulations, regulations and this approach. The hearingor is responsible for assisting the facilitators in carrying out the duties set out in the preceding paragraph. Article 9. Hearings include: staff members reviewing the administrative licence application, administrative licensor, stakeholders and commissioners under article 11 of this scheme, identifyers, witnesses. Article 10, paragraph 1 (a), (ii) of this scheme, shall notify the community of matters of hearings in the form of a public notice, the main elements of a administrative licence decision to be taken, and the means to be presented to the hearing. The administrative authority shall notify, prior to the administrative licence decision, the applicant and the owner of the right to request a hearing; the applicant, the licensor and the owner of the dispute shall submit a request for hearing within 5 days of the date on which the right to be heard. Article 11. The executive body that organizes hearings may request the proponents to elect their representatives within the time specified and to submit written material containing the basic situation of the representative, which is confirmed by the hearing facilitators; the administrative body of the organization of hearings, in accordance with the name, the order of application or the drawing of lots, shall determine the representative's participation as a witness and make public information. The number of former representatives is determined by the administrative body that organizes hearings, in accordance with the specific circumstances of the hearings, in accordance with the principle of the same number of persons in different claims and made public. A representative's participation in a hearing shall have effect on the parties to which he or she is represented, but a change in representative or a waiver of the hearing claim shall be agreed by the representative party. Article 12. The applicant, the owner may authorize one to two agents to participate in the hearings; the author shall be authorized to participate in the hearings and shall submit to the administrative organ of the organization of the hearings the matters and powers of the commission and be entrusted with the authorization of the author's signature or chapter. The author should be given a clear mandate from the author in order to change or abandon the claim of the hearing or to replace the right to renounce the presentation, the right to the defence, the right to the evidence. The review of the staff, the administrative licensor, the licensor, the licensor's view that the issues need to be identified or that there is a witness to prove their hearings, may request the identification or witness to participate in the hearings and submit the relevant material to the administrative body that organizes the hearings, confirmed by the facilitators. In one of the following cases, the moderator shall avoid himself; the applicant, the owner of the administrative licence, the owner shall be entitled to apply for his/her avoidance either orally or in writing: (i) The reviewer of the administrative licence application; (ii) The applicant, the stakeholder or his or her commissioner are close relatives; (iii) There is a direct stake in the administrative licence of hearings; (iv) Other relations with the administrative licensor and the owner may affect the impartiality of the hearings. The preceding paragraph provides for the application of a witness, a recorder and an expert. The evasion of the hearing moderator was decided by the executive head; the hearing, the recorder, the licensor and the licensor were decided by the moderator. Article 14. The executive body that organizes hearings shall send a letter of administrative licence to the hearing participants by seven days of the hearings and, if necessary, to the notice. The notice of the administrative licence hearing shall contain the following matters: (i) Administrative licence matters for hearings; (ii) The main elements of an administrative licence decision to be taken; (iii) The duration and venue of the hearings; (iv) The name of the moderator; (v) Other matters to be addressed. Article 15. Hearing shall be conducted in accordance with the following procedures: (i) The moderator declared that the hearings started to present the administrative licence of the hearing participants and the hearing and to check the identity of the administrative licensor and the stakeholder; (ii) The hearing Disciplinary; (iii) Examination of the staff member's presentation of the administrative licence application and the facts, regulations, rules and regulations on which it is based, and presentation of evidence; (iv) In accordance with the order of the moderator's arrangement, the applicant for administrative licence, the holder of the relationship presented evidence on the grounds and the relevant facts, laws, regulations and regulations; (v) In the event of a defence and a certificate, an expert is required to present an opinion or witness's testimony, subject to the permission of the hearing facilitators; (vi) The defence and the end of the evidence, and the review of the staff of the administrative licence application, the applicant for an administrative licence and the owner, in accordance with the order of the moderator; (vii) The closing of the hearings by the moderator. The facilitators of the hearing should be impartial, objective and comprehensively heard by the participants. The hearing shall not complete the procedure set out in paragraph 1 of this article and the hearing facilitators shall declare the optional period to continue the hearings. In the course of the hearings, the moderator may ask the hearing participants; the hearing facilitators may, with the permission of the hearing, review the staff of the administrative licence application, the applicant of the administrative licence and the owner of the person concerned may ask each other, or ask the author, the witness. The hearings should be produced. The hearings should contain the following: (i) Administrative licence matters for hearings; (ii) The name, place of the hearing facilitators, the hearing and the recorder; (iii) The names of the participants, the basic circumstances of the address and the attendance of the hearings; (iv) The time and place of the hearings; (v) Whether the hearings were held in public and there was no reason for the public meetings; (vi) Review of the staff applying for administrative licences, the administrative licensor, the statements made by the stakeholder and the facts, reasons, bases, evidence; (vii) Identification conclusions and witness statements by the identifier; (viii) The defence and the evidence; (ix) The treatment of the matter by the moderator during the hearings; (x) The moderator considers other matters to be recorded. The staff reviewing the administrative licence application, the administrative licensor, the owner, and the owner's material of evidence submitted at the time of hearing, shall serve as an annex to the hearings. The hearing shall be signed by the hearing participant or by the name of the hearing; the witness's rejection of the signature or chapter shall be recorded in the file. The hearing was held by the witness participants that the record of their own statements was missing or wrong and had the right to apply to the hearing facilitators; the request should be recorded in the volume. After the hearing, the moderator shall, within 5 days of the hearing, produce a hearing report based on the hearings, together with the Head of the executive branch. The administrative licence of the administrative authority holding hearings under the law shall be subject to administrative licence decisions based on hearings. In one of the following cases, hearings can be postponed: (i) That hearings cannot be held in due course owing to force majeure; (ii) The application for extension by the applicant for administrative licences, the stakeholder; (iii) Other circumstances that may be extended by law. The administrative body to organize hearings should inform the participants of the hearings; the administrative body to organize hearings within three days after the departure of the extensions, and to notify the participants in writing. Article 21, in one of the following cases, may suspend the hearing: (i) In the course of the hearings, new facts, rationales and evidence were presented, and the facilitators were of the opinion that the verification was pending; (ii) Resistance of requests made after the commencement of the hearings; (iii) Other circumstances in which hearings may be suspended by law. After the suspension of the hearings disappeared, the executive body to organize the hearings should resume the hearings within three days and inform the participants of the hearings. Article 22 states that: (i) The applicant for an administrative licence and the stakeholder to withdraw the application; (ii) The applicant for an administrative licence, the owner without the justification for not participating in the hearings or, without the hearing of the moderator, allow the passage of the tunnel; (iii) Other circumstances in the hearings process should be terminated by law. Article 23 licensor applicants, stakeholders, for administrative licences under Article 3, subparagraph (c), of this scheme, shall be considered to have no request for hearing within the specified time frame, and the administrative organs shall make a written record and may make administrative licence decisions in accordance with the law on the basis of a comprehensive, objective and impartial review of administrative licence requests. Article 24, Administrative organs and their staff, in violation of the provisions of the National People's Republic of China's Administrative Accreditation Act and this approach, have one of the following cases to be converted by their superior administrative organs or by an inspection authority; in the event of serious gravity, the administrative disposition of directly responsible supervisors and other direct responsibilities is provided by law: (i) No obligation to communicate the right to a hearing to an administrative licensor and the stakeholder; (ii) No hearings shall be held by law; (iii) Non-performance or incorrect discharge of the functions of the hearing; (iv) No administrative licence decision was taken on the basis of hearings. Article 25 Article 26 The requirements for hearings should be included in the budget of this administrative body, which is guaranteed by the current level of finance. The period specified in article 27 of this approach is calculated on a working day without a statutory holiday. The executive body organizes the hearings without computation of the statutory period for the implementation of the administrative licence matters; its duration of the administrative licence shall be calculated from the end of the hearings and the date of the termination. The twenty-eighth approach was implemented effective 1 July 2007. |
