Jiangxi Province, Executive Implementation Of The Administrative License Hearings Approach

Original Language Title: 江西省行政机关实施行政许可听证办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
(April 23, 2007 Jiangxi Province Government 58th times Executive Conference considered through April 29, 2007 Jiangxi Province Government makes 156th, announced since July 1, 2007 up purposes) first article for specification administrative organ implementation administrative license of hearing activities, protection citizens, and corporate and other organization of lawful rights and interests of, maintenance public interests and social order, guarantees and supervision administrative organ effective implementation administrative license, according to People's Republic of China administrative license method, combined this province actual,
    These measures are formulated.
    Second provincial administrative organs at various levels within the implementation of the administrative license hearings of the administrative areas (hereinafter hearings), these measures shall apply.
    Laws and regulations authorize the implementation of administrative licensing to administer public affairs organization, these measures shall apply to the provisions of relevant administrative organs.
    Third article administrative organ implementation following administrative license matters, should organization hearing: (a) legal, and regulations, and regulations provides implementation administrative license should hearing of matters; (ii) administrative organ think need hearing of involved public interests of major administrative license matters; (three) was law told hearing right of administrative license application people, and interest relationship people in statutory term within proposed hearing application of matters.
    Fourth hearing should follow legal and open, fair, equitable, efficient, and convenient principle.
    In addition to State secrets, business secrets or personal privacy is involved, a hearing shall be held in public and allow citizens, legal persons and other organizations as observers, subject to public supervision.
    Article fifth hearing organized by the executive organ of the authority to make decision on the administrative license law entrusted to the administrative organ shall delegate the implementation of administrative licensing hearing on behalf of the executive authorities.
    According to law shall be subject to two or more administrative bodies respectively the implementation of administrative licensing items shall be a hearing, the hearing shall be organized or joint hearing.
    After review by the subordinate administrative organs according to law, reported to the higher administrative authority decision of administrative licensing items shall be a hearing, the administrative licensing decision by the end of the hearing of the Executive; but the administrative license according to law shall be submitted to the State Department or departments of the State Council to make decision on the administrative license according to the relevant provisions of the State.
    Article sixth hearing included: the presiding hearer, hearing clerk, records clerk.
    Hearing and hearing officer designated by the Executive Director; records specified by the hearing officer.
    Article seventh hearing officer shall comply with the following conditions: (a) is to review the personnel other than the staff of the administrative Licensing application; (b) familiar with hearing procedures as well as with the administrative licensing law relating to the provisions of statutes, regulations, and (iii) have some organizational skills; (d) the other conditions stipulated by laws, rules and regulations.
    Article eighth hearing officer shall perform the following duties: (a) organizations in the development programme of the hearing, (ii) determine the time and place of the hearing, (iii) organizing hearings; (d) receive the evidence, (e) maintain order a hearing; (vi) organizations report hearing; (VII) laws, regulations, rules and other duties as provided herein.
    Hearing officer is responsible for assisting the presider to perform the functions stipulated in the preceding paragraph.
    Nineth participants in the hearing included: Executive review of the administrative Licensing application staff, administrative license applicant or interested party, as well as the 11th agent under these measures, experts, and witnesses.
    Tenth administrative organs under article III of this approach (a), (b) provision of administrative licensing items shall, before making a decision on the administrative license, with an announcement to inform the community in the form of a hearing, intends to make a decision on the administrative license of the main content, and ways to sign up for hearing, and notice not less than 15th.
    Executive to the third article in this way (c) provision of administrative licensing items shall, before making a decision on the administrative license, notify the administrative license applicants, interested parties have the right to request a hearing; administrative license applicants, interested parties are informed of the right to a hearing date within 5th hearing application, the administrative organ shall organize hearings in the 20th.
    11th article registration or application participate in hearing of interest relationship people more Shi, organization hearing of administrative organ can requirements interest relationship people in provides time within itself elected representative people participate in hearing, and submitted contains Ming representative people basic situation of written material, by hearing host audit confirmed; late not elected of, by organization hearing of administrative organ according to registration, and application of order or take draw, fair, and public of way determine representative people as hearing participate in people, and be announced.
    The number of representatives in the preceding paragraph, by hearing hearing of administrative organs in accordance with the specific circumstances of the matter, according to different principles advocated essentially the same number of personnel to determine, and to the public.
    Representative participate in the conduct of a hearing on the effectiveness of the parties they represent, they represent change or abandon the hearing argued, should be representative of the parties. 12th administrative license applicants, interested parties may appoint 1 or 2 representatives to the hearing; attorney to the hearing, shall submit to the hearing of the administrative organs of the Organization set forth the matters entrusted and the jurisdiction, and signed or stamped by a delegate of a power of Attorney, confirmed by the hearing review.
    Principal-agent to change or abandon the hearing advocated, or give up the right to be heard, the right to defence, the right to cross-examination, should have the express authorization of the client.
    Review of the staff of the administrative Licensing application, administrative license applicants, interested parties that the issues need to be identified, or hearing of witnesses to prove their claims, experts or witnesses could be invited to the hearing, and to the hearing of the administrative organs of the organization submitting the relevant supporting material, confirmed by the hearing review.
    13th article hearing host has following case one of of, should itself avoided; administrative license application people, and interest relationship people right to to oral or written form application its avoided: (a) is the administrative license application of review personnel; (ii) and the administrative license application people, and interest relationship people or they of delegate agent is near relatives of; (three) and hearing of administrative license matters has directly interest relationship of; (four) and the administrative license application people, and interest relationship people has other relationship, may effect hearing of just sex of.
    Provisions of the preceding paragraph, applies to hearings clerk, records clerk, expert witness.
    Withdrawal of the presiding hearer, determined by the Executive Director; the hearing clerk, records clerk, experts avoided, decided by the hearing officer.
    14th hearing of the administrative organ shall, at the hearing held before the 7th, to participants in the hearing served on the notification of the administrative license hearings, if necessary, shall be published.
    The notification of administrative permission hearing shall set out the following: (a) hearing of administrative licensing items; (b) is intended to make the main content of the decision on the administrative license and (iii) the time and place of the hearing; (d) hearing the names, positions and (e) shall set forth the matters. 15th article hearing according to following program for: (a) hearing host announced hearing began, introduced hearing participate in people and hearing of administrative license matters, check administrative license application people, and interest relationship people of identity; (ii) hearing Member read hearing discipline; (three) review the administrative license application of staff statement review views and the by according to of facts, and reason and applies of legal, and regulations, and regulations, show evidence; (four) administrative license application people, and interest relationship people according to hearing host arrangements of order,
    Statement advocates and the related facts, and reason and legal, and regulations, and regulations according to, show evidence; (five) for defence and quality card, needed please identification people show identification views or witnesses testified of, must by hearing host allows; (six) defence and quality card end, review the administrative license application of staff, and administrative license application people, and interest relationship people according to hearing host arrangements of order, for last statement; (seven) hearing host announced hearing end.
    Hearing should be neutral and objective statement and fully listen to participants in the hearing.
    Cannot be completed on the day of the hearing procedure specified in this article, the hearing should be announced that elective continues to hold a hearing.
    16th during the hearing, the hearing officer may ask the hearing participants; with the hearing officer's permission to review the administrative Licensing application staff, administrative license applicants, interested parties can ask each other, or to question the experts, witnesses. Article 17th hearing shall make a record of hearing.
    Hearing record should contains Ming following content: (a) hearing of administrative license matters; (ii) hearing host, and hearing member and records member of name, and positions; (three) hearing participate in people of name, and address, basic situation and attended hearing of situation; (four) hearing held of time, and locations; (five) hearing whether public held, not public held of reason; (six) review the administrative license application of staff, and administrative license application people, and interest relationship people of statement and the proposed of facts, and reason, and according to, and evidence;
    (VII) the conclusions of the expert and witness testimony; (h) representations and evidence and (IX) matters related to the hearing in the hearing process to deal with situations and (10) of presider think other matters shall be recorded.
    Review of the staff of the administrative Licensing application, administrative license applicants, interested parties submitted at the hearing the evidence through cross-examination, as an annex to the hearing record.
    Article 18th hearing record shall be signed or sealed by the participants in the hearing; hearing person refuses to sign or seal shall be recorded on the volume.
    Participants in the hearing considered hearing his statement recorded omissions or errors, correction is entitled to apply to the hearing; no corrections, the application shall be recorded on the volume. Article 19th after the end of the hearing, the hearing officer shall, together with the clerk, records clerk, 5th hearing, according to hearing transcripts produced hearing report, together with the hearing record submitted to the head of the administrative organ.

    Executive to the hearings were held on administrative licensing matters, ought to make decision on the administrative license according to the hearing transcript.
    20th under any of the following circumstances, may postpone the hearing: (a) the hearings could not be held due to force majeure, (ii) administrative license applicant or interested party applied for an extension, justified, and (iii) other circumstances may be postponed in accordance with law.
    Postponed the hearing, hearing of the administrative organ shall notify the participants in the hearing; extension of the disappeared, hearing of the administrative organ shall take place in the 3rd hearing, and notify the participants in the hearing.
    Article 21st of the following circumstances, may suspend the hearing: (a) raised during the hearing, new facts, grounds and evidence, presider think it is open to investigation and verification, (ii) avoidance application is made after the hearing, (iii) other circumstances as may suspend the hearing according to law.
    Suspension hearing disappeared, hearing of the administrative organs of the Organization should be restored in the 3rd hearing, and notify the participants in the hearing.
    Of the 22nd under any of the following circumstances, may terminate the hearing: (a) administrative license applicant or interested party to withdraw application; (b) administrative license applicants, interested parties without justifiable reason not to attend the hearing, or permit halfway without a hearing, and (iii) other circumstances of the hearing procedure shall be terminated in accordance with law.
    Article 23rd administrative license applicants, interested parties to article III of this approach (c) provision of administrative licensing items, are not hearing an application made within the prescribed time, waived a hearing request, the administrative organ shall make a written record, and can be carried out on administrative licensing applications overall, on the basis of objective and impartial review, make a decision on the administrative license according to law.
    24th article administrative organ and staff violation People's Republic of China administrative license method and this approach of provides, has following case one of of, by its superior administrative organ or monitored organ ordered corrected; plot serious of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions: (a) not to administrative license application people, and interest relationship people perform statutory told hearing right of obligations of; (ii) law should held hearing and not held hearing of;
    (C) fails to perform or not properly discharge the responsibilities of a hearing; (d) did not make decision on the administrative license according to hearing transcripts.
    25th administrative license applicants, interested persons or other persons to disturb the order or other hearing normal hearing, the hearing officer the power to stop or be ordered to leave in serious cases, by the public security organs shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law. 26th the administrative license applicants, interested parties do not bear the cost of hearing of the Executive.
    Hearing requirements should be included in the budget of the executive authorities, be guaranteed by the governmental finance.
    27th article this way the period of time specified in working days, excluding holidays.
    Executive hearing time does not count in the implementation of the administrative license within the statutory period; the period for the implementation of administrative licensing, since the hearing process, and the end of the day following the continued calculation.
                                                                          28th article of the rules take effect on July 1, 2007.

Related Laws