Shandong Province, Implementation Of The Administrative License Hearings Approach

Original Language Title: 山东省实施行政许可听证办法

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(March 19, 2007 Shandong Province Government 88th times Executive Conference considered through April 11, 2007 Shandong Province Government makes 194th, announced since June 1, 2007 up purposes) first article to specification administrative license implementation process in the of hearing behavior, protection citizens, and corporate and other organization of lawful rights and interests of, guarantees and supervision administrative organ effective implementation administrative license, according to People's Republic of China administrative license method (following referred to administrative license method), legal, and regulations of provides,
    These measures are formulated.
    Second administrative license hearings in these measures (hereinafter hearings), before making a decision on the administrative license in refers to the administrative organs, in accordance with the relevant provisions of the administrative licensing law, by hearing listening to the applicant or interested party activities.
    Third hearing should follow the principle of open, fair, just and convenient, fully listen to the views of the applicant and interested party to ensure their representation and the right to plead.
    In addition to State secrets, business secrets or personal privacy is involved, a hearing shall be held in public, the public may have access to hearing transcripts.
    Fourth administrative region of this province with the power of administrative approval of administrative bodies and in accordance with the laws, regulations and rules the executive authorities entrusted with the implementation of administrative licensing, hearing, these measures shall apply.
    Laws and regulations authorize the implementation of administrative licensing to administer public affairs organization, organized a hearing, this way the relevant administrative authorities shall apply. Fifth people's Governments above the county level shall strengthen the supervision and guidance of the hearings, timely correction of illegal or improper conduct of the hearing procedure.
    Specific work by the level of government legal agencies.
    Sixth article following administrative license matters, administrative organ in made administrative license decided Qian 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) directly involved applicants and others Zhijian major interests relationship, law was told hearing right of applicants, and interest relationship people in statutory term within proposed hearing application of matters. Qian paragraph subsection (three) items provides of directly involved applicants and others Zhijian major interests relationship of administrative license case for: (a) more people while application has number limit of administrative license, cannot meet all applicants requirements of (tender, and auction, fair competition way made administrative license of except); (ii) granted applicants administrative license directly relationship its adjacent right people major interests of; (three) on directly relationship public interests of specific industry of market access,
    Grant administrative licensing of the applicant substantial economic benefits directly related to other operators, (iv) other directly related to the vital interests of relationship between the applicant and others.
    Article seventh administrative authorities shall, in the sixth paragraph (a), (b) provision of administrative licensing items directory level people's Governments and authorities at a higher level for the record and announced to the public.
    Eighth hearing by the Executive Organization of the implementation of administrative licensing, depending on its legal institutions.
    The executive authorities entrusted with the implementation of administrative licensing, on behalf of the Organization shall be to delegate authority hearing.
    Nineth according to law should be made jointly by two or more administrative organs have decided the administrative license hearings, Executive Organization determined by the people's Governments at the corresponding level, or the level shall organize relevant departments to hold a hearing.
    After review by the subordinate administrative organs according to law of the reported decision by the higher administrative authority of an administrative license hearings by the decision of the higher administrative authority organizations. Article tenth hearing participants include: (a) hearing staff, including hearing, records and so on.
    Hearing officer designated by the Executive Director, but the staff may not be as hearing of administrative Licensing application, record specified by the hearing officer. (B) the parties to the hearing, including a review of the administrative Licensing application staff, to the hearing of the applicant or interested party. Applicant or interested party may appoint 1-2 agents to participate in the hearing. Agents to participate in a hearing, shall submit a signed or sealed by the principal power of attorney.
    Power of attorney shall set forth the matters entrusted and the permissions. (C) the hearing professionals, including translators, such as appraisers, inspectors and other professionals. Administrative organs may, as required, invite the translator, expert personnel, inspection personnel, and other professionals to participate in the hearing.
    Applicants, interested parties may submit translation staff, appraisers, inspectors and other professionals come to the meeting request is allowed, by the hearing officer decisions.
    11th article hearing host should meet following conditions: (a) is organization hearing of administrative organ of staff; (ii) after corresponding of legal knowledge training; (three) familiar hearing provides, has must of organization capacity, can competent hearing host work; (four) in this administrative organ engaged in legal work 3 years above or engaged in administrative law enforcement work 6 years above; (five) legal, and regulations provides of other conditions. 12th article hearing host perform following duties: (a) according to program presided over hearing, fair, and reasonable to determine statement order and the statement time; (ii) decided witnesses whether attended testified; (three) accept and audit about evidence, necessary Shi can requirements hearing party, and hearing professionals provides or added evidence; (four) law decided hearing of extension, and suspended or terminated; (five) maintenance hearing order, stop and corrected violation hearing discipline of behavior; (six) on hearing record for review,
    And produced according to hearing a hearing reports; (VII) other duties stipulated by laws, rules and regulations.
    13th article hearing host in hearing activities in the bear following obligations: (a) just presided over hearing, full, and objective to heard hearing party of statement and views, guarantees hearing party exercise statement right, and defence right and quality card right; (ii) meet this approach provides of avoided case of, should itself avoided; (three) conservative hearing case involved of national secret, and commercial secret or personal privacy.
    Records shall faithfully making hearing transcripts and bear the preceding paragraph (b), (c) the obligations imposed. 14th article hearing host, and records people, and translation personnel, and identification personnel, and inspection personnel and other professionals has following case one of of, should itself proposed avoided, applicants, and interest relationship people right to application its avoided: (a) is the administrative license application of review personnel and near relatives of; (ii) and applicants, and interest relationship people or its agent is near relatives of; (three) and the administrative license matters has directly interest relationship of; (four) and applicants, and interest relationship people or its agent has other relationship,
    May affect the fairness of the hearing.
    Hearing avoided by the Executive Heads decided that the avoidance of others decided by the hearing officer.
    15th article applicants, and interest relationship people enjoys following right: (a) requirements or gave up hearing; (ii) can delegate 1 – 2 name agent participate in hearing; (three) think hearing host, and records people, and translation personnel, and identification personnel, and inspection personnel or other professionals has this approach provides of avoided case of, can application its avoided; (four) on review the administrative license application of staff provides of review views and the evidence, and reason, for defence and quality card, and can proposed new of evidence;
    (E) to review the hearing, considering their statements recorded of any omission or mistake, the right to apply for correction; (vi) access to the files of a hearing, get the hearing copies of materials; (VII) other rights prescribed by law, rules and regulations.
    16th article hearing party in hearing activities in the bear following obligations: (a) on time to specified locations attended hearing; (ii) truthfully statement, and proof, and answered hearing host of asked; (three) comply with hearing discipline; (four) conservative hearing case involved of national secret, and commercial secret or personal privacy; (five) applicants, and interest relationship people delegate agent participate in hearing of, should issued authorized Attorney, clear delegate matters and permission. 17th number applicant or interested party for 10 people or more, may elect a representative to the hearing. Election difficulties, the executive authorities can be determined in consultation with the applicant or interested party on behalf of.
    Negotiation can be determined by drawing lots.
    Party representatives generally not more than 5 persons, will the executive authorities consider it necessary, you can increase the number. 18th administrative organs shall establish a sound hearing notices, hearing informed hearing, hearing applications, notice of hearings, materials management, hearings schedule.
    Hearing schedules and hearing the application model workplace should be public.
    19th administrative organs in the implementation of laws, regulations, rules and regulations should be hearing of administrative licensing items or in the implementation of this authority may consider necessary hearings before major administrative licensing matters concerning public interest, and shall publish notice of the hearing to the public.
    Notices shall contain the proposed hearing of administrative licensing items, hearing of the administrative organs of the Organization, as well as contact person and contact information, the interested person to the hearing of the application, deadline, representatives to determine methods and so on. Period of notice shall be not less than 20th. The notice period, interested people had signed up to participate in the hearing, the administrative organ shall from the date of expiration of the notice in the 20th hearing.
    Expiry of the notice, no interested party sign up for hearing, the executive authorities should be contained in files, not to hold hearings.
    20th Executive to the directly related to applicants and administrative licensing items of significant interest among others, before making a decision on the administrative license, shall draw up a notice of the hearing. Hearing notice shall set forth the proposed hearing of administrative Licensing application, the applicant, interested parties have the right of hearing and its application for hearing the term, Executive contacts and contacts etc.

    Notice of hearing shall be served on the applicant or interested party directly. Direct service difficulties may entrust the relevant administrative organ or organization delivered, or may be served by post.
    Cannot be determined directly by the interested, the administrative organ shall be served by making an announcement and to determine.
    Applicants, interested parties requested a hearing, shall, from the date of receipt of the notice of hearing 5th or announced the release date in the 20th, a written application, fails to apply the deemed waiver of hearing right.
    , Interested parties hearing an application made by the applicant, the administrative organ shall, from the date of the application for hearing in the 20th. 21st 7th of the administrative organ shall be held a hearing to the applicant or interested party written notice of the hearing and, if necessary, shall be published.
    Notice of hearing shall include the following: (a) the time and place of the hearing and the time needed for a hearing; (b) hearing and other hearing staff list; (c) the authorized representative the right to attend the hearing; (d) the right to apply for the withdrawal (v) without justifiable reasons not to participate in the legal consequences of a hearing; (vi) other related matters. 22nd applicant or interested party shall attend the hearing.
    Unable to attend should be 3rd in advance notify the Executive, the executive authorities shall be recorded in writing.
    Article 23rd hearing before the hearing withdraw applications for hearings, deemed to have waived the hearing right, written by the Executive, the executive authorities can not hold a hearing applications for hearings for more than 2 people, withdraw their applications, written by the executive authorities, but does not affect the holding of hearings.
    Article 24th before the start of the hearing, record shall identify the parties to the hearing and identification, announced the hearing disciplines and considerations. Absence of the parties to the hearing without due cause, documented in a hearing by the recorder, and report to the hearing officer.
    Absence of the applicant or interested party without due cause, waived a hearing rights.
    25th hearing shall comply with the following disciplines: (a) without hearing allows are permitted to speak, ask questions, (ii) without a hearing to allow no audio, video and photography; (c) not be leave without hearing allowed; (d) must not use abusive, menacing, threatening language and other uncivil language.
    (E) shall not use communication tools at the showground, any noise, noisy and (f) shall not be carried out other acts that interfere with normal hearing. Parties to the hearing, professionals such as violation of the hearing disciplinary hearing, the hearing has the right to stop and warned, in serious cases, may order the exit.
    Seriously disturbing the order of the hearing, by the public security organs according to law. 26th article hearing according to following program for: (a) hearing host announced hearing began, introduced hearing participate in personnel, announced hearing matters, told hearing party in hearing in the of right and obligations, asked applicants, and interest relationship people whether proposed avoided application; (ii) review the administrative license application of staff provides review views and the related evidence and reason; (three) applicants, and interest relationship people can proposed views and evidence, and for defence and quality card,
    All and application the administrative license about of evidence are must spot quality card; (four) hearing host can according to need to hearing party, and hearing professionals asked, applicants, and interest relationship people by hearing host agreed, can on hearing matters to about personnel questions, was invited to participate in hearing of professionals by hearing host agreed, can on hearing matters of about problem statement views; (five) review the administrative license application of staff, and applicants, and interest relationship people for last statement;
    (Vi) the hearing officer announced the end of the hearing.
    , Interested parties without consent of the hearing the applicant withdrew from the meeting and waived a hearing rights. 27th article in the course of the hearing, applicants, interested parties viewed the hearing illegal or inappropriate behavior, can be challenged.
    Presider think the objection is established, should be corrected; do not think objection is established, can overrule the objection, but should be justified and documented in the hearing by the recorder. 5th after the end of the hearing, applicants, interested parties consider hearings in violation of the law, regulations and provisions in these procedures, can contribute to the Organization of the hearing authority objects to the Government legal agencies.
    Organization of hearing investigation by the authorities of this level of government legal agencies believe that the objection is established, may request the administrative authority to reorganize the hearing and determined a separate hearing; do not think objection is established, rejected, and explain the reasons. 28th hearing shall make a record of hearing.
    Records all activities of the hearing shall be recorded and signed by the hearing officer and the recorder.
    Hearing record should contains Ming following content: (a) administrative license application matters; (ii) applicants, and interest relationship people and agent of name or name, address; (three) hearing host, and records people of name, and positions; (four) hearing of time, and locations; (five) review the administrative license application of staff provides of review views and the related evidence, and reason; (six) applicants, and interest relationship people of statement, and defence, and quality card content and the related evidence; (seven) other necessary of matters.
    Hearing officer deems necessary, using audio, video or any other means assisted hearing records.
    29th hearing shall be subject to review according to which administrative Licensing application staff, applicants and interested parties sign or seal after the confirmation or correction.
    Hearing cannot be made on the spot, specified by the hearing date and place for the review of the administrative Licensing application staff, applicants and interested people to read, and by his signature or seal.
    The applicant or interested party refuses to sign or seal, in the hearing record, written by the recorder, and documented his refusal to sign or seal the reason. Article 30th hearing shall, according to hearing transcripts produced within the 5th report of the hearing after the end of the hearing, and hearing transcripts and submit the report of the Executive Director of the hearing.
    Hearing report shall set forth the basic hearing and hearing the views of the host.
    Administrative authority shall make decision on the administrative license according to hearing transcripts within the statutory time limit.
    31st article administrative license by according to of legal, and regulations, and regulations modified or abolition, or made administrative license decided by according to of objective situation occurred major changes of, or found new evidence, and appeared new situation, may effect right made administrative license decided of, to public interests of need, administrative organ in administrative license decided made Qian, can again organization hearing; applicants, and interest relationship people also can application again hearing, whether allowed, by administrative organ head decided.
    32nd article has following case one of of, can extension held hearing: (a) applicants, and interest relationship people application extension, has due reason of; (ii) applicants, and interest relationship people for not resist of causes absent, makes hearing cannot effective held of; (three) hearing began Hou, applicants, and interest relationship people proposed avoided application, need again determine hearing host, and records people or other professionals of; (four) other law should extension of case. In addition to redefining the hearing hearing delayed by the Executive Heads decided, other hearing postponed the hearing to decide.
    Decided to postpone the hearing, the hearing shall be deferred due to eliminate 5th days of hearings, and by the administrative organ in charge had to be postponed a hearing date and place relevant notifications to the hearing officer.
    33rd article in hearing process in the, has following case one of of, suspended hearing: (a) interest relationship people death or terminated, need waiting for heir or right obligations bear people showed that whether participate in hearing of; (ii) interest relationship people of natural lost civil capacity, yet determine statutory agent of; (three) applicants, and interest relationship people for not resist of causes, cannot continues to participate in hearing of; (four) found should participate in hearing of interest relationship people not was notification participate in hearing of;
    (V) evidence needs to re-evaluation and inspection surveys or necessary to summon new witnesses to testify, and (vi) other circumstances that shall be suspended in accordance with law. Stop hearing by hearing officer decisions. Suspended hearings is eliminated, and hearing shall be suspended from the date of the cause of recovery within the 5th hearing.
    Recovery time and place of the hearing and set new or supplementary notice of interested persons by the executive authorities responsible for notification.
    Article 34th in the course of the hearing, any of the following circumstances, terminate the hearing: (a) the applicant or interested party all absence without good reason, and (ii) applicant or interested party all to renounce the hearing; (c) without consent of the hearing officer, applicant or interested party all leave and (iv) other circumstances that should be terminated in accordance with law.
    Applicant or interested party hearing of termination for cases as provided for in the preceding paragraph, shall not apply for a hearing on the same matter again.
    Termination hearing, the administrative organ shall notify the applicant and interested parties, and make a decision on the administrative license according to law. 35th article administrative organ and staff violation administrative license method and this approach provides, on law should hearing of matters not organization hearing of, or not according to hearing record made administrative license decided of, made administrative license decided of administrative organ or its superior administrative organ, can according to applicants, and interest relationship people of application or according to terms revoked administrative license decided, but revoked granted administrative license of decided may on public interests caused major damage of except. Reverse an administrative licensing decision caused damage to the legitimate interests of the licensee, the executive authorities should be compensated according to law.

Article 36th administrative organs and their staff, one of the following circumstances, monitored by its higher administrative organs, organ or institution shall be ordered to correct the level of government legal system.
    Plot serious of, on directly is responsible for of competent personnel and other directly responsibility personnel law give disposition: (a) not to applicants, and interest relationship people perform statutory told hearing obligations of; (ii) on law should hearing of matters not organization hearing of; (three) not according to hearing record made administrative license decided of; (four) implementation other violation administrative license method and this approach provides of behavior of. Hearing the 37th article, record or review staff of the administrative Licensing application has any of the following circumstances, monitored by the relevant administrative organs, organs or agencies criticized the level of government legal system.
    Plot serious of, give disposition: (a) hearing host violation hearing program of; (ii) hearing host illegal deprived applicants, and interest relationship people hearing right of; (three) hearing host, and records people deliberately in hearing record Shang for false records of; (four) review the administrative license application of staff no due reason not attended hearing or refused to in hearing Shang statement of; (five) review the administrative license application of staff in hearing Shang provides false, and major errors information of;
    (F) the implementation of other acts that may affect the fairness of the hearing.
    Article 38th of hearing time is not included in the administrative authority shall make a decision on the administrative license within the time limit.
    These measures "3rd", "5th", "7th" and "20th" working days, excluding holidays. 39th administrative organ shall provide necessary for the hearing of premises, equipment and other working conditions.
    Requirements for the hearing by the administrative organ, be guaranteed by the governmental finance.
    Invited non-administrative bodies by the executive authorities of the translator, expert personnel, inspection personnel, and other professionals to participate in the hearing, the administrative organ may grant appropriate subsidies.
    40th otherwise provided by laws, rules and regulations on hearing from its provisions.
                                                              41st these measures shall come into force on June 1, 2007.