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Shandong Province Administrative License The Fault Responsibility Investigation Methods

Original Language Title: 山东省行政许可过错责任追究办法

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(Adopted by the 88th Standing Committee of the People's Government of San Suu Kyi on 19 March 2007 and issued by Decree No. 195 of 11 April 2007 of the People's Government of the Province of San Suu Kyi province, as of 1 June 2007)

In order to guarantee and monitor the legal creation, application of administrative licences and the exercise of oversight responsibilities by the executive organs and their staff, to maintain public interest, protect the legitimate rights and interests of citizens, legal persons and other organizations, and to develop this approach in accordance with the provisions of the laws, regulations and regulations, such as the National People's Republic of China Administrative Accreditation Act.
Article 2, the executive organs and their staff in the administrative area of the province, unlawfully created, enforced administrative licences, and non-compliance with the supervision of the licensee's activities in administrative licensor matters, or supervision of the grave consequences, undermines the legitimate rights and interests of the public interest and administrative licensor, the licensor and other persons of interest.
Article 3. The principle that administrative licensor should be public, fair and impartial and should be upheld, invariably, wrongly and accountable for adaptation, education and corrections.
Article IV Governments and their work sectors should establish a system of accountability for sound administrative licences.
The above-mentioned people's government inspection bodies, the Government's rule of law institutions and other work sectors are governed by law by the administrative licence of the executive organs and their staff in the present administration.
More than the people at the district level have established the Office of State Administration, which should conduct monitoring inspections of the conduct of administrative licences in the field and its staff, in accordance with the authorization of the Government at this level, and in a timely manner correcting violations in the application of administrative licences.
Article 5
The staff of the executive organs are held accountable for the mislicability of administrative licences and should be held accountable for the administrative licence of the administrative organ.
Article 6
(i) The contractor refers to the drafting of the normative document specifically responsible for the processing of administrative licences and the conduct of staff overseeing the inspection;
(ii) Applicants refer to heads of institutions within the executive branch;
(iii) Authorization refers to the principal executive head and the competent authority with the authorization.
In the course of the administrative licence, implementation and supervision of the inspection, in accordance with the relevant provisions, the functions of the licensor, the licensor or the licensor are assumed by one or two individuals, respectively.
Article 7 is one of the following acts by the licensor, resulting in the occurrence of the consequences of the mislicence of administrative licences and should assume the responsibility of the directly responsible person:
(i) The establishment of administrative licences or conditions without clearance, approval;
(ii) Self-administered administrative licence decisions without clearance and approval;
(iii) Failure to perform the oversight duties to the extent possible or unauthorized inspections;
(iv) Absorption, provocative fraud, resulting in the failure of the reviewers, the author to properly perform the auditing and approval duties;
(v) Notwithstanding the examination, approval by the licensor, the licensor does not carry out administrative licences or oversight inspections in accordance with the review, approval;
(vi) Other acts that are not carried out by law.
Article 8. The licensor does not perform its duties in accordance with the law and does not adopt or alter the right opinion of the custodian, and the approval of the licensor shall bear the responsibility of the person directly responsible for the approval.
The reviewor does not request the author to approve a direct administrative licence decision, resulting in a misleading consequence of the administrative licence, which shall be responsible for the responsible person directly responsible.
Article 9 does not carry out their duties in accordance with the law, does not adopt or alter the right opinion of the licensor, the licensor or, without the approval of the licensor, direct administrative licence decisions and instructions or intervention of the licensor, the duly performs its duties, resulting in the misconception of administrative licences and the responsibility of the author directly responsible.
Article 10. The programmes or observations of the licensor were wrong, the licensor, the rator, the ratifier had not found or found to have been corrected without delay, resulting in the consequences of the mislicence of administrative licences, and the custodian should have the responsibility of the person directly responsible and the responsibilities of the holder, the licensor and the author should be directly responsible.
Article 11, with the collective discussions of the executive branch and the administrative licence decisions taken by the study, has led to the misconception of administrative licences, and the responsibility of the person formulating and agreeing to the wrong opinion should be the direct responsibility of the decision makers.
Article 12 defines responsibilities and the principal heads of administrative bodies should be responsible for the responsible personnel directly responsible.
The changes in the administrative licence decisions of the lower executive branch of Article 13 have led to the misleading consequences of the administrative licence and the responsibility of the head of the executive branch directly responsible.
Article 14.
(i) A written inspection order;
(ii) To inform criticism;
(iii) The suspension or suspension of administrative law enforcement documents;
(iv) Removal or reassignment;
(v) Removal;
(vi) Other modalities provided for by law, regulations and regulations.
The manner in which the former paragraph is to be held is applicable or consolidated separately.
Accountability for administrative licences was held by the superior executive, the supervisory body, the personnel sector, the Government's rule of law institutions and other relevant bodies in accordance with the relevant personnel management authority and procedures.
The competent organ should be accountable for administrative responsibility and, in the light of the misrepresentative nature, the responsible person should be changed or the time limit is being changed.
Article 15. The executive branch and its staff members, in one of the following cases, may inform the relevant organs and may, depending on the circumstances, give warning, lapses or be taken over by the competent and other direct responsibilities directly responsible personnel; and in the event of a serious nature, give a downgradation or removal of their functions:
(i) Establish administrative licence projects in violation of the law;
(ii) Removal or increase administrative licence procedures or conditions;
(iii) The establishment of an administrative licence fee project or the enhancement of the fee standard;
(iv) The establishment of an offence and the provision of a regular inspection of administrative licences;
(v) Other cases where administrative licences are granted in conflict with the law.
Article 16, Administrative organs and their staff, in one of the following cases, may be criticized by the competent organs directly responsible and other directly responsible personnel, subject to a written examination, suspension, dismissal, release of administrative law enforcement documents, briefing criticism; and, where appropriate, warning, excessive or excessive disposal:
(i) In the absence of office space to indicate the material that should be communicated by law;
(ii) The applicant's submission is incomplete and incompatible with the statutory form and does not always inform the applicant of the need for the full content;
(iii) The error in which the request for material may be corrected and does not allow the applicant to be corrected at the time;
(iv) To request the applicant to duplicate the provision of the requested material or to provide any other material that is not relevant to the administrative licence subject to its application;
(v) The applicant shall not be provided with the text of the application form of free administrative licence, as required;
(vi) Applications for administrative licences that are in compliance with the statutory conditions are inadmissible;
(vii) The application of administrative licences does not give valid written evidence;
(viii) Acknowledge the applicant's concealment of the circumstances or the provision of false material, which is still admissible or processed;
(ix) In the process of admissibility, review and decision of administrative licences, no administrative licensor and the stakeholder have complied with their statutory notification obligations;
(x) The grounds for non-acceptance of administrative licence requests or non-administrative licences are not provided by law;
(xi) The holding of hearings by law without hearing;
(xii) An administrative licence decision shall be taken in accordance with the law at the time;
(xiii) Not to test, test and quarantine under prescribed procedures;
(xiv) There is no reason to permit the public to access hearings, administrative licence results or to monitor the record of inspections;
(xv) In the absence of an administrative licence decision within the statutory period, a preliminary review of views and all applications will be sent to the executive branch of the executive branch, or to the issuance, delivery of administrative licences within the statutory period, or a labelling, plus testing, testing, screening, and quantification;
(xvi) Removal of requests submitted by an administrative licensor or administrative licence files.
Article 17, Administrative organs and their staff, in one of the following cases, may be criticized by the competent organs responsible for direct responsibility and other direct responsible personnel, granting suspension, reassignment of work, suspension, release of administrative law enforcement documents, and, where appropriate, warning, excessive, default, downgrading or removal of their functions; and criminal liability in accordance with the law:
(i) To grant administrative licences to applicants who do not meet the statutory conditions, or go beyond the statutory authority to grant administrative licence decisions;
(ii) The applicant who meets the statutory conditions shall not be granted administrative permission or shall not be granted administrative licence decisions within the statutory period;
(iii) In accordance with the law, the granting of administrative licence decisions based on tenders, auctions or examination performance preferences, without solicitation, auctions or examinations, or the granting of administrative licence decisions based on solicitation, auction results, merit of examination;
(iv) A limited number of administrative licences shall not be granted administrative licence decisions in accordance with the order in which the application is admissible.
Article 18
(i) The system of monitoring responsibilities is not established in accordance with the law to verify the material that reflects the conduct of administrative licence activities by the licensee;
(ii) The circumstances of the licensee's conduct of administrative licence inspections and the processing of the results are not documented by law;
(iii) The indiscriminate establishment of regular tests or the failure to conduct regular inspections of essential equipment, facilities and facilities that are directly related to public safety, personal health, life and property security, in accordance with the provisions of the law, administrative regulations and regulations, and the distribution of qualified documents accordingly;
(iv) The licensor exercises an administrative licence activity outside the jurisdiction of the executive body that makes administrative licence decisions, and the administrative organs of the territory in which the offence is committed are not lawful by the licensor, and that the outcome is reproduced to the administrative organs that make administrative decisions;
(v) The licensee has not fulfilled its obligations under the law for the development of the use of natural resources or public resources, and the administrative authority has not been responsible for the conversion of the period of time to the process of the licensee that has not been relocated as scheduled, in accordance with the provisions of the relevant laws, administrative regulations;
(vi) The licensee to obtain the administrative licence for market access in specific industries that are directly related to public interest, has not complied with its obligations under the law, in accordance with the State's standard of service, the criteria for the payment of royalties and administrative authorities, to provide the user with secure, convenient, stable and reasonable services, or, without the approval of the executive organs that have taken administrative decisions, unauthorized the unauthorized suspension of the industry, the administration has not been responsible for the transformation of its duration or to take effective measures in compliance with the law;
(vii) Major equipment, facilities and facilities that directly relate to public safety, physical health, life and property security, administrative bodies do not advocate for the design, construction, installation and use of units to establish a corresponding self-monitoring system, as well as the finding of security in oversight inspections that there is no responsibility for halting the construction, installation and use of construction, and responsible for the design, construction, installation and use of units that are immediately corrected;
(viii) The abuse or neglect of the right to administrative licence, in violation of the principle of confidence-based protection, constitutes a grave violation of the legitimate interests of the licensee or of the damage to the public interest;
(ix) The administrative authority does not conduct the administrative licence write-off procedure in accordance with the law.
Article 19 The executive branch and its staff members, in one of the following cases, may give a briefing to the competent body responsible for direct responsibility and other directly responsible personnel, give a written check, suspension, dismissal and release of administrative law enforcement documents, and may, depending on the circumstances, give warning, negligence, reduction or dismissal; constitute a crime, and hold criminal responsibility:
(i) Removal or discontinuation of the implementation of the statutory administrative licence project;
(ii) Implementation of administrative licence matters already cancelled;
(iii) No charges based on statutory projects and standards;
(iv) Excluding, misappropriation, misappropriation or private application of administrative licences charged by law;
(v) To request, receive the property of the applicant, the licensee and submit to the applicant, the licensee the unreasonable requirement for the purchase of the designated commodities, the acceptance of the paid service or other benefits;
(vi) Authorize other executive organs or organizations to carry out administrative licences;
(vii) The refusal of the licensee to comply with statutory conditions and the requirement for a change in administrative licence;
(viii) In the absence of a provision to the Office of the High Commissioner established by the Government, there is no establishment of an institution to harmonize the application for administrative licences, to harmonize the decision to receive administrative licences or to conduct administrative licence matters outside of the Office of the High Commissioner;
(ix) With regard to the harmonization of administrative licences in different sectors, the non-compliance of the lead department or UNOCI's responsibilities, the promotion of each other's precision or delays, and the mismanagement of the munition;
(x) Removal of administrative licences already in force.
Article 20 of the administrative licensor's timely detection, proactive redress and failure to cause significant losses or adverse impacts may be held accountable for error.
Article 21, in one of the following cases, does not assume responsibility for the staff of the executive organs:
(i) The licensor's failure to make the right judgement;
(ii) The failure to perform statutory duties owing to force majeure;
(iii) Other cases in which responsibility should not be assumed by law.
Article 22 states that, in one of the following cases, the competent organ shall initiate an administrative licence to be held accountable:
(i) Reports, complaints by civil, legal or other organizations of administrative licences carried out by the executive organs and their staff, which are one of the cases set out in articles 15, 16, 17, 18 and 19 of this scheme;
(ii) Administrative licensor conduct, subject to administrative review, shall be withdrawn by the administrative review body, enforced, modified or confirmed by the law;
(iii) Removal, partial withdrawal, recognition of the law or the enforcement of the statutory duties by the People's Court of Cassation;
(iv) In monitoring inspections, administrative licence acts are recognized as unlawful or inappropriate;
(v) Other cases where proceedings should be initiated in accordance with the law.
Article 23 shall be responsible for the administrative licence that the administrative authority and its staff shall be held in accordance with their statutory responsibilities, competence, procedures and shall be held accountable for the wrongful or inappropriate application of administrative licences by the executive organs and their staff, and shall in writing make an administrative licence error responsible for the decision or make recommendations for processing.
Article 24 gives executive organs and their staff the right to make statements and the right to defence in the course of the accountability of administrative licences, which should be heard and justified by the prosecution authorities.
Article 25 The administrative organs and their staff members may apply for review to the former processing body, and the review of the outcome may be filed in accordance with the provisions.
Article 26 The act of mislicence caused damage to the legitimate rights and interests of citizens, legal persons or other organizations, and the administrative organs should be liable under the law.
Article 27, the executive branch and its staff are held accountable for the approval of non-administrative licences and their responsibilities for administrative services, taking into account the implementation of the scheme.
Article 28 provides otherwise for the accountability of administrative licensies, regulations and regulations.
The twenty-ninth approach was implemented effective 1 June 2007.