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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(May 23, 2005 the people's Government of Ningxia Hui autonomous region at the 58th Executive meeting on June 17, 2005, the people's Government of Ningxia Hui autonomous region, the 80th released as of August 1, 2005) Chapter I General provisions article in order to regulate the activities of administrative hearing, protect the legitimate rights and interests of citizens, legal persons and other organizations to promote administration according to law, in accordance with the relevant provisions of laws and regulations, combined with this practice, these provisions are formulated.
    Second administrative hearing in these rules refers to all levels of people's Governments and their departments and law, authorized to administer public affairs functions of the Organization (hereinafter referred to as administrative organs) administrative behaviour, public hearing, collects administrative, as well as other citizens, legal persons and organizations on the activities of the administrative act.
    Administrative hearing include: administrative hearing, the administrative hearing, the administrative hearing, the administrative license hearings, administrative reconsideration hearing, the price hearing, petition hearing hearing and other administrative matters. Article III administrative hearing held in this autonomous region within the administrative area of the executive authorities shall abide by the provisions.
    Otherwise provided by laws and regulations, from its provisions.
    Administrative hearing shall follow the fourth open, fair, just and convenient principle.
    Except State secrets, business secrets or personal privacy is involved beyond the administrative hearing shall be held in public.
    Article fifth administrative actions by the Office for the administrative matters of the organ of hearing.
    The legal organization of the people's Governments above the county level and their departments or other agencies (hereinafter referred to as the hearing), specifically responsible for the Organization of the administrative hearing.
    Sixth rule of law institutions should be the level of Government above the county level people's Government departments and subordinate the Government supervises the activities of administrative hearing.
    Chapter II general provisions article seventh hearing participants in the hearing include hearing matters Agency staff, representatives of the hearing, the parties and their representatives, the applicant, interested parties, witnesses, experts, etc.
    Agencies referred to in the preceding paragraph refers to specific proposed hearing of bodies within the Executive.
    Eighth hearing by hearing, hearing officer and reporters organizations. Hearing chaired by the head of the organ of hearing or hearing about a body of.
    Hearing officer, record specified by the hearing officer.
    Laws and regulations the presiding hearer, hearing officers and reporters otherwise provides, from its provisions.
    Nineth article hearing host perform following main duties: (a) specified hearing member and records member; (ii) heard hearing participate in people of statement; (three) on hearing of facts, and reason, and evidence, asked hearing participate in people; (four) Organization hearing participate in people for debate, and quality card; (five) requirements hearing participate in people provides or added evidence; (six) on hearing in the appeared of program problem made decided; (seven) decided suspended hearing and extension hearing; (eight) maintained hearing order, stop violation hearing rules of behavior.
    Article tenth hearing of the participants in the hearing shall comply with the rules, provide truthful information and materials relating to the hearing and the facts, grounds, and basis.
    Prohibition of acts of disturbing the order of the hearing.
    11th before the hearing began, the recorder should identify the presence of the participants in the hearing, the hearing officer shall verify the identities of participants in the hearing. 12th hearing shall make a record of hearing.
    Hearing record should contains Ming following main content: (a) hearing matters and the content; (ii) hearing host, and hearing Member, and records member of name, and units, and positions; (three) hearing participate in people of name, and units and the address; (four) hearing held of time, and locations and way; (five) hearing participate in people proposed of views or recommends and facts, and reason and according to; (six) hearing participate in people statement, and debate or quality card of content; (seven) hearing views or recommends;
    (H) the presider think other matters shall be recorded. Record of hearing shall pay the relevant participants in the hearing to confirm correct signature or seal.
    Hearing the person concerned refuses to sign or seal, the hearing officer shall indicate the situation on the record of hearing.
    13th public hearing held, citizens, legal persons or other organizations may apply to participate in the trial.
    Chapter III scope and procedures of a hearing ex officio article 14th hearing ex officio, refers to the Administration before the administrative acts, in accordance with the statutory duties, disclosure hearing, collection of citizens, legal persons and other organizations on the activities of the administrative act. 15th article intends made of administrative behavior belongs to following matters one of of, administrative organ or hearing institutions should organization hearing: (a) involved social surface wide, and and people interests is closely related to of administrative decision matters; (ii) on economic, and social development has major effect, on citizens, and corporate and other organization vital interests has major effect, and content views differences larger or by according to of facts situation compared complex of administrative legislation matters; (three) legal, and regulations, and regulations provides implementation administrative license should hearing of matters, Administrative hearings it deems it necessary or other major administrative licensing matters concerning public interest; (d) included in the list of national and regional pricing hearing people's vital interests in utilities price, price, price of natural monopoly public services such as the Government guidance prices and Government price; (v) major, complex, difficult complaint; (f) the laws, regulations,
    Regulations or other administrative matters shall hold a hearing under the administrative authority and other administrative matters hearing hearing body considers necessary.
    16th hearing or hearing body for matters specified in this article 15th hearing, the hearing shall be announced to the public ahead of time, place, content, and applications to the hearing notice.
    17th in line with hearing or hearing under conditions of citizens, legal persons or other organizations, are eligible to apply to participate in the hearing. Large number of applications for a hearing, may recommend a representative to the hearing.
    Hearing or the hearing body shall accept the application of the order number and statement who represent different views the principles of proportion, rationally determine the representatives attending the hearing.
    Hearing organs or institutions based on hearing the need to invite the relevant professionals, experts and scholars to participate in the hearing.
    Article 18th hearing organs or bodies should be held in the hearing before the 10th hearing material served on the hearing representative.
    Article 19th hearing representative shall attend the hearing in person, and the right to be heard the necessity, feasibility and specific comments and questions, access to hearing transcripts.
    Hearing representative shall reflect the relevant comments or recommendations on administrative matters, compliance with the hearing disciplines, keep state secrets.
    20th article according to terms hearing according to following program for: (a) hearing host announced hearing began, introduced hearing Member, and records Member, and hearing representative, description hearing matters, announced hearing discipline, told hearing representative of right and obligations; (ii) about administrative organ and handling institutions according to hearing host of requirements, on hearing matters made description; (three) hearing representative should according to hearing host announced of statement order and statement time, around hearing matters statement their of views and reason;
    (D) the hearing officer summarized differences, hearing representatives debate around major sticking point; (e) the participants in the hearing final statements; (vi) the hearing officer provides a brief summary of the hearing; (VII) hearing officer announced the end of the hearing. 21st hearing organs or institutions should hearing transcripts and related materials, finishing, and studies hearing opinions or suggestions, making hearing report.
    Hearing reports shall include the following main elements: (a) the hearing; (b) the basic situation of hearing; (c) the main observations or recommendations of the participants in the hearing, based on fact and reason, (iv) problems of hearing arguments and disagreements; (e) hearing matters dealing with comments or suggestions.
    Article 22nd of hearing to hearing the report of the Executive business of the advice or recommendations, as well as other major issues of the hearing open to the public.
    Fourth chapter in accordance with the hearing of applications and procedures article 23rd according to apply for a hearing, refers to the Executive administrative behaviour, inform administrative relative person have the right to request a hearing in accordance with law, and according to its application, public hearing, collects administrative, as well as other citizens, legal persons and organizations on the activities of the administrative act. 24th article intends made of specific administrative behavior has following case one of of, administrative organ in made administrative behavior zhiqian, should written told party or applicants, and interest relationship people has requirements held hearing of right: (a) made ordered discontinued closed, and revoked license or license, major administrative punishment decided of; (ii) on non-business activities in the, citizens of violations sentenced 1000 Yuan above of fine, corporate or other organization of violations sentenced 10000 Yuan above of fine; on business activities in the, Citizens of violations sentenced 5000 Yuan above of fine, corporate or other organization of violations sentenced 20000 Yuan above of fine of; (three) granted applicants administrative license will directly on adjacent right people of environment, and resources interests produced major effect, or directly effect applicants and others Zhijian major economic interests of administrative license matters of; (four) multiple applicants while application has number limit of administrative license matters of; (five) legal, and regulations, and regulations provides should written told party or applicants, and
    Interested parties have the right to request hearings of other administrative matters. The preceding paragraph (b) the provision of the amount of the fine, imposed vertical leadership of competent administrative authorities and the Ministry of public security departments specifically provide a larger amount of fine, from the provisions preceding paragraph (iv) requiring applicants to apply for a limited number of administrative licensing items and compete through bidding, auction and fair manner except for the administrative license.

    Parties or the applicant or interested party application hearing necessary of administrative authority considers that there are other administrative matters, or hearing.
    25th a party to request a hearing, it should be raised in the Executive informed of the hearing right 3rd applicant, interested parties to request a hearing, shall, on being informed of the right to a hearing date within 5th.
    Or the applicant or interested party without hearing the Parties apply for hearing applications or if it exceeds the deadline stipulated, as a waiver hearing.
    26th the party or applicant or interested party to administrative matters of the first paragraph of article 24th to request a hearing, the administrative agency shall organize the hearing.
    27th party or applicant or interested party may attend the hearing, may also appoint 1-2 representatives to the hearing; commissioned others to a hearing, shall submit to the hearing by power of Attorney of the client signature or seal. 28th hearing or the hearing body shall draw up a notice of the hearing, and held a hearing in 7th, notify the parties in writing or the applicant and interested agencies and the proposed hearing matters.
    Hearing notice should contains Ming following matters: (a) hearing matters; (ii) hearing of time, and locations; (three) hearing organ or hearing institutions of name, and address; (four) hearing host, and hearing member and records member of name, and positions; (five) party or applicants, and interest relationship people of right and obligations; (six) other should told of matters. 29th the parties or applicants, interested persons having received the notice of hearing, shall attend hearings; does not participate in the hearing without good reason, or without the hearing officer allowed to leave, waived a hearing.
    Give a hearing, shall be credited to the hearing record.
    To be heard after the Agency receives the notice of hearing, shall assign the staff concerned to the hearing, shall not be refused a hearing.
    30th party or applicant or interested party, thinks the presiding hearer, hearing officers, and reporters that directly relates to the hearing of matters at stake, just might affect the specific administrative act, the right to apply for withdrawal.
    The presiding hearer, hearing officers and reporters, think of the self with the hearing matters of direct interest, shall voluntarily apply for withdrawal.
    Hearing avoided decided by the organs in charge of the hearing; hearing and recording is avoided by the hearing officer decisions.
    31st article according to application hearing according to following program for: (a) hearing host announced hearing matters and hearing discipline; (ii) hearing host told party or applicants, and interest relationship people and other hearing participate in people hearing of right and obligations, asked party or applicants, and interest relationship people whether proposed avoided application; (three) about administrative organ and the handling institutions of staff statement views and related of evidence, and reason; (four) party or applicants, and interest relationship people for defence and quality card;
    (E) hearing to participants in the hearing the views and evidence, reasons for questioning; (f) the relevant administrative authorities and agencies staff, party or applicant or interested party final statements; (VII) production of hearing; (h) the hearing officer announced the end of the hearing.
    32nd under any of the following circumstances, may suspend the hearing: (a) the participants in the hearing because of force majeure reasons, cannot continue to participate in the hearing, (ii) the hearing officer considers necessary for the evidence re appraisal and inspection surveys or necessary to summon new witnesses to testify, and (iii) other circumstances that should suspend the hearing.
    Hearing situation of suspended after the elimination, the executive authorities should resume the hearing and notify the participants in the hearing.
    33rd article has following case one of of, can extension held hearing: (a) hearing participate in people for not resist of reasons, cannot scene of; (ii) party or applicants, and interest relationship people proposed avoided application reason established, hearing organ or hearing institutions cannot in hearing began Qian determine other hearing host of; (three) hearing participate in people proposed new of reason, and facts and according to, hearing host think to be survey verified of; (four) other need extension hearing of case.
    After hearing delay or eliminate, the executive authorities should be restored in the 10th hearing, and notify the participants in the hearing.
    Fifth chapter effectiveness hearing 34th Executive report of the administrative organ shall be referred to the hearing decision, review of draft legislation and develop regulatory documents; hearing and hearing of the report's findings of fact, reason and evidence as a basis for conducting administrative reconsideration cases.
    35th executive authorities shall, according to hearing transcripts, make a decision on the administrative license according to hearing transcripts, in accordance with the provisions of article 38th of the law on administrative punishments, administrative punishment decision.
    36th price policy-making hearing shall be fully taken into account when pricing the observations or recommendations.
    Brought to the attention of the people's Government decision approved the final pricing scheme or by price, who is holding a hearing, authorities report should be submitted simultaneously to the hearing report and related materials.
    37th through hearings, petition for review of the public comments as the ultimate complaint handling.
    Complainant not satisfied with the review comments, still based on the same facts and grounds for complaint, complaint reporting institutions and other administrative bodies of the people's Governments at all levels are no longer accepted.
    Sixth chapter article 38th of penalty implementation of administrative violation of administrative hearing, legal liability provisions of relevant laws and regulations, and pursuant to its responsibility shall be investigated for the persons concerned. 39th article administrative organ and hearing personnel 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) law should held hearing and not held hearing of; (ii) not perform statutory duties told hearing right of; (three) unauthorized refused to party and other hearing participate in people participate in hearing of; (four) violation hearing program of; (five) legal, and regulations, and
    Other circumstances as prescribed by the regulations.
    40th hearing of the participants in the hearing disturbing order or any other conduct interfere with normal hearing, just from hearing warning; the circumstances are serious, shall be ordered to leave the hearing; breach of security regulations by the public security organs in accordance with the penalty.
    41st Executive Organization of the seventh chapter schedule hearings to participants in the hearing shall not charge or charge any fee in a disguised form.
    Hearing body required for hearing venues, facilities, working conditions, the relevant administrative authority should be guaranteed.
                                                                                                                      42nd article of the regulations come into force on August 1, 2005.