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Ningxia Hui Autonomous Region, The Administrative Hearing Procedures

Original Language Title: 宁夏回族自治区行政听证程序规定

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(Adopted by the 58th Standing Committee of the People's Government of the Nakhin summer Autonomous Region on 23 May 2005)

Chapter I General
Article 1, in order to regulate administrative hearings, protect the legitimate rights and interests of citizens, legal persons and other organizations, promote the administration of the law and establish this provision in the light of the relevant legislation, regulations.
Article 2 states administrative hearings, which refer to the activities of all levels of the people's Government and its work departments and laws, regulations authorizing organizations that are responsible for the management of the functions of public affairs (hereinafter referred to as executive organs) before administrative acts are carried out, public hearings, collection of the relatives of administration and other citizens, legal persons and organizations of the organization's opinion on the administrative conduct.
Administrative hearings include: hearings of administrative decision-making, administrative legislative hearings, administrative sanctions hearings, administrative permits hearings, administrative review hearings, price hearings, correspondence hearings, and other administrative matters.
Article 3 conducts administrative hearings within the executive organs of the self-government area and shall be subject to this provision. The law, legislation and regulations provide otherwise, from their provisions.
Article IV. Administrative hearings should be guided by the principles of openness, equity, justice and people.
In addition to the State secret, commercial secret or personal privacy, administrative hearings should be held in public.
Article 5
The Government of the people at the district level and the rule of law institutions in its work sector or other bodies (hereinafter referred to as hearing bodies) are specifically responsible for the organization of administrative hearings.
Article 6. The rule of law institutions of the people at the district level should monitor the administrative hearings of the current Government and the lower-level Government.
Chapter II General provisions on hearings
Article 7. Hearing participants included staff of the body to be heard, hearing representatives, parties and their agents, applicants, stakeholders, witnesses, experts and experts.
The above paragraph refers to the body within the executive body that specifically engages in the hearings.
Article 8. The hearings are organized by the moderator, the hearing and the recorder.
The moderator is headed by the hearing body or the relevant head of the hearing body. The hearingers, the recorders are appointed by the moderator.
The laws, regulations provide otherwise to the facilitators, the hearingers and the recorders.
Article 9
(i) Designation of hearing and recorders;
(ii) Hearing the statements of the participants;
(iii) Inquiries on the facts, grounds, evidence, etc. of hearings;
(iv) Organizing a debate and evidence of the participants;
(v) To require the hearing to provide or supplement evidence;
(vi) To decide on procedural matters arising from hearings;
(vii) Decides to suspend hearings and extension hearings;
(viii) Maintenance of a hearing order to put an end to violations of the rules of hearings.
Article 10 Participants shall comply with the rules of hearings, such as the provision of material relating to hearings and the facts, reasons and bases.
It is prohibited to disrupt the order of hearings.
Prior to the commencement of the hearings, the recordr should identify the attendance of the witness and the moderator shall collate the identity of the witness participant.
The hearings should be produced. The hearings should contain the following key elements:
(i) Hearing and content;
(ii) The name, unit and place of the hearing facilitators, the hearing of the witness, the recorder;
(iii) The names, units and addresses of participants;
(iv) Time, place and manner of hearings;
(v) The views or recommendations of the witness participant, as well as the facts, grounds and bases;
(vi) The content of the statements, debates or evidence of the participants;
(vii) Hearing or recommending;
(viii) The moderator considers other matters to be recorded.
The hearings should be sent to the relevant hearing participants to confirm that there was no error of signature or to chapter. In relation to the refusal of the witness participant to sign or resignate, the moderator shall indicate at the hearing.
Article 13 provides public hearings where citizens, legal persons or other organizations may apply for participation.
Chapter III Scope and procedures for hearing under its mandate
Article XIV listens according to its mandate refer to the activities of the executive branch, in accordance with its statutory responsibilities, to be openly heard, collected by citizens, legal persons and other organizations on the administrative conduct.
Article 15
(i) Administrative decision-making matters related to the broad range of society and closely linked to the people's interests;
(ii) There is a significant impact on economic, social development, which has a significant impact on the well-being of citizens, legal persons and other organizations, as well as more complex administrative legislative matters on the facts on which there is a greater disagreement or the basis for the facts;
(iii) Laws, regulations, regulations stipulating that administrative licences should be subject to hearing matters, or that administrative authorities consider other important administrative licences requiring hearings involving public interest;
(iv) Including government-led prices, government pricing matters, such as public interest in the directory of national and autonomous zones, public service prices, natural monopolies operating commodity prices;
(v) Significant, complex and doubtful communications;
(vi) Laws, regulations and regulations stipulate that other administrative matters of hearings should be held, or administrative bodies and other administrative matters considered by the hearing bodies.
Article 16: The hearing of a hearing by a hearing body or a hearing body on matters under article 15 of this provision shall be informed in advance of the date, place, content and application of a hearing.
Article 17 citizens, legal persons or other organizations that meet the conditions established by the hearing body or the hearing body may apply for participation in the hearings.
A large number of requests for hearing may be recommended for participation in hearings. The hearing body or the hearing body shall, in accordance with the order in which the application is received and the principle of the proportion of the number of speakers representing different views, determine the representative participating in the hearing.
The hearing body or the hearing body may invite relevant professionals, experts and scholars to participate in the hearings, as required by the hearings.
The hearing body or the hearing body shall be delivered to the hearing representative by 10 days of the hearings.
Rule 19 Hearing representatives shall be personally involved in the hearings and shall be entitled to express opinions and inquiries on the need, feasibility and specific content of the hearings.
Hearing representatives should actually reflect the views or recommendations relating to this administrative matter, adhere to the hearing discipline and conservative State secrets.
Article 20
(i) The moderator's announcement of the hearing and the presentation of the hearing, recorder, hearing representatives, clarification of the hearings, the declaration of the hearing discipline and the right and duties of the witness representative;
(ii) A description of the matter of hearings, as requested by the facilitators;
(iii) Hearing representatives shall present their views and justifications around the hearings, in accordance with the order of statements and the time of statements announced by the moderator;
(iv) The moderator of the hearings, which organizes the debate around the main points of disagreement;
(v) Final statements of the hearing participants;
(vi) A brief summary of the hearings by the moderator;
(vii) The closing of the hearing by the moderator.
Article 21, the hearing body or the hearing body shall collate hearings and related materials, examine hearings or recommend the production of hearings reports. The hearings should contain the following key elements:
(i) Hearing matters;
(ii) Basic circumstances of hearings;
(iii) The main observations or recommendations made by the hearing participants, based on facts and reasons;
(iv) The main issues of the hearings and the differences;
(v) Discussions or recommendations on hearings.
Article 2 can be made public by the executive branch to the society in the proceedings of the hearings or recommendations on hearings and other key matters of hearings.
Chapter IV Scope and procedures for application of hearings
Article 23, according to which a hearing is sought, refers to the right of the executive branch to communicate a relative request for hearing under the law before an administrative act is made and, in accordance with its request, to openly hear, collect the relative number of administrative administrations and other civil, legal and organizational activities for the administrative act.
Article 24 provides one of the specific administrative acts to be carried out, and the executive body shall, prior to the administrative conduct, inform the parties or the applicant, the owner of the right to require a hearing:
(i) Major administrative penalties, such as suspension of work, suspension or licence;
(ii) In the event of non-operation, the offence of citizens is fined by more than 1,000 dollars, the offence of a legal person or other organization is subject to more than 100,000 fines;
(iii) The granting of the applicant's administrative licence will have a direct impact on the environment, resource interests of the neighbouring person or directly affect administrative licence matters that are important economic interests between the applicant and others;
(iv) multiple applicants apply for a limited number of administrative licences;
(v) Legal, regulatory and regulatory provisions shall be communicated in writing to the parties or to the applicant, the owner shall have other administrative matters requiring the right to hold hearings.
The amount of the fine set out in paragraph (ii) above provides for the imposition of a provision by the competent executive authority and the public security sector for a fine of the larger amount, from its provisions; the multiple applicants under subparagraph (iv) of the former paragraph apply for a limited number of administrative licence matters, except through fair competition, such as tendering, auctions.
In the case of the party or the applicant, the stakeholder, the administrative body considers other administrative matters necessary for hearing, or may organize hearings.
Article 25 requires that the parties request a hearing within three days of the notification of the right to the hearing by the executive branch; the applicant, the stakeholder shall request the hearing and shall be submitted within 5 days of the date of the notification of the right to the hearing.
The applicant or the applicant, the stakeholder shall not submit a request for hearing or a request for hearing beyond the specified period, as a waiver of the hearing.
Article 26, the parties or the applicant, the stakeholder, request a hearing on the administrative matters set out in article 24, paragraph 1, of this provision, and the executive body shall organize hearings.
In article 27, the party or the applicant, the owner may participate in the hearing in person or may entrust one to two agents to participate in the hearings; the author of the hearing shall submit a letter of authorization from the author's signature or chapter.
Article twenty-eighth hearings or hearing bodies should produce a letter of hearing and inform the parties or the applicant, the stakeholder and the institution to be heard by a written notice of the hearing. The notice of the hearing shall contain the following matters:
(i) Hearing matters;
(ii) Time, place of hearings;
(iii) The name, address of a hearing body or a hearing body;
(iv) The name, place of the hearing facilitators, the hearing and the recorder;
(v) The rights and obligations of the parties or the applicant, the owner;
(vi) Other matters to be communicated.
Article 29, the parties or the applicant, the owner, shall participate in the hearing on time after having received the notice of the hearing; shall not participate in the hearing without justification or shall be deemed to have abandoned the hearing without the permission of the moderator. A waiver of the hearings shall be recorded in the hearings.
Upon receipt of the letter of the hearing, the relevant staff shall be assigned to the hearing and shall not be denied the hearing.
Article 33, the parties or the applicant, the owner, considered that the moderator, the hearing and the recorder had a direct stake in the matters heard, which could affect the impartiality of the specific administrative conduct and had the right to apply for a waiver.
The moderator, the hearing officer and the recorder are of the opinion that there has been a direct stake in the matter of the hearings, and that their own application should be avoided.
The moderator of the hearing shall avoid the decision of the principal head of the hearing body; whether the hearing and the recorder shall avoid the decision of the hearing facilitators.
Article 31, in accordance with the procedure set out below:
(i) The moderator's announcement of hearings and hearing disciplines;
(ii) The moderator informed the parties or the applicant, the stakeholder and other participants of the rights and obligations of the hearing, enquired whether the party or the applicant, the owner and the person concerned had made a request for avoidance;
(iii) Presentations by staff of the executive branch and the institution, as well as relevant evidence, justification;
(iv) The parties or the applicant, the owner and the person responsible for the defence and quality of the evidence;
(v) The hearing moderator enquired about the views and evidence, reasons and reasons for the hearing;
(vi) Final statements by the relevant administrative organs and staff, the parties or the applicant, the owner;
(vii) Production of hearings;
(viii) The closing of the hearing by the moderator.
Article 3 states that:
(i) The hearing of the participant cannot continue to participate in the hearings for reasons of irrevocability;
(ii) In the opinion of the moderator, the need to re-establish, investigate or inform new witnesses to testify at the site;
(iii) Other cases requiring suspension of hearings.
Following the suspension of the hearings, the executive branch should resume the hearings and inform the participants in writing.
In one of the following cases, hearings can be postponed:
(i) The hearing of the participant cannot be accessed for reasons of non-repetition;
(ii) The parties or the applicant, the jurists propose the grounds for avoiding the application, and the hearing body cannot determine the other hearing facilitators prior to the commencement of the hearings;
(iii) Hearing participants to present new grounds, facts and bases, and the moderator is of the opinion that the verification is pending;
(iv) Other cases requiring the extension of hearings.
Following the elimination of the hearings, the executive branch shall resume the hearings within 10 days and inform the participants of the hearings in writing.
Chapter V Effectiveness of hearings
Article 34 should be based on administrative decision-making, review of the draft legislation and the development of normative documents, taking into account the hearings reports, and the facts, rationales and evidence identified in the hearings as one of the grounds for the trial of administrative review cases.
Article XV shall be subject to an administrative licence decision based on a hearing warrant; an administrative sanctions decision shall be made in accordance with article 38 of the administrative penalties law, in accordance with the hearings.
Article 16 should give full consideration to the views or recommendations of the hearings when price decision-making services are pricing.
The final pricing programme approved by the Government of the people at this level or by the decision-making sector at the parent price is needed, if hearings are held, and the relevant sectors should be submitted simultaneously to the hearings and related materials.
Article 37 re-explosed by a hearing and an indicative letter to deal with comments on the final letter.
Recontrary to the review, requests for complaints continue to be made on the same facts and grounds, and all levels of the people's letter to the visiting body and other administrative bodies are no longer admissible.
Chapter VI Corporal punishment
Article 338 imposes administrative hearings in violation of the law, and the relevant laws, regulations have legal responsibilities under which persons are held accountable.
Article 39 is one of the following cases for the executive branch and the hearing of the witness, which is being restructured by its superior administrative body or by an inspection authority; in the case of serious circumstances, the administrative disposition of the directly responsible supervisors and other direct responsibilities is governed by the law:
(i) The holding of hearings by law without hearing;
(ii) The right to be heard without the fulfilment of the statutory duties;
(iii) The unauthorized refusal of the parties and other participants to participate in the hearings;
(iv) Violations of hearings proceedings;
(v) Other cases provided for by law, regulations and regulations.
Article 40 destabilization of the hearing order or other obstruction of the proper and fair conduct of the hearing are warned by the hearing facilitators; in serious circumstances, the duty to leave the hearings; and in violation of the provisions of the security administration, the public security authority is punishable by law.
Chapter VII
Article 40 does not organize a hearing by an administrative body to collect any expenses to the witness participant.
The hearing body organizes the premises, equipment, working conditions required for the hearings, and the relevant administrative bodies should be guaranteed.
Article 42