Wuhan Implementation Of Administrative Permission Hearing Procedure

Original Language Title: 武汉市实施行政许可听证程序规定

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(June 28, 2004 Wuhan municipal people's Government at the 21st Executive meeting on June 30, 2004, 157th promulgated by the people's Government of Wuhan municipality as of July 1, 2004) first in order to standardize the administrative license hearings of this municipality, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China on administrative licensing law (hereinafter referred to as the administrative licensing law) the relevant provisions, combined with the city's actual, these provisions are formulated.
    Second municipal administrative bodies and organizations authorized by the laws and regulations (hereinafter referred to as administrative organs) the implementation of administrative licensing hearing, shall comply with this regulation. Third article following administrative license matters, administrative organ in made administrative license decided zhiqian, should to social announcement, and held hearing: (a) city planning, and construction, and management of major matters; (ii) municipal, city based facilities construction aspects of major matters; (three) technology, and education, and culture, and health, and sports, social career in the of major matters; (four) social security and welfare aspects of major matters; (five) other and masses interests is closely related to of major matters; (six) legal, and regulations, and
    Regulations should be hearing the matter.
    Fourth article following administrative license matters, administrative organ in made administrative license decided zhiqian, should told applicants, and interest relationship people enjoys requirements hearing of right: (a) multiple applicants while application has number limit of administrative license matters; (ii) directly on adjacent right people of environment interests produced major effect of administrative license matters; (three) on applicants and others Zhijian directly economic interests produced major effect of administrative license matters; (four) directly involved others major interests relationship of administrative license matters.
    Fifth article implementation of the administrative license hearings must follow legal, open, fair, accessible, efficient, and principles of protecting the legitimate rights and interests of the parties.
    In addition to State secrets, business secrets or personal privacy is involved, a hearing shall be held in public.
    Sixth section provides for the third, fourth, take any decision on the administrative license within the scope of article administrative organ for hearing organs.
    Review decisions by the two-level administrative authority according to law of administrative licensing, and final decisions of administrative organs for hearing organs.
    Hearing organs of legal institutions or independent administrative review body for hearing organizing body, is responsible for the specific organization of a hearing.
    Article seventh hearing presenters who presided over hearings, the recorder is responsible for recording and making hearing transcripts of the hearing.
    Hearing officer designated by the heads of organs of hearing, the hearing record specified by the hearing officer.
    Eighth hearing should be subject to the following conditions: (a) is the staff of organs of hearing, (ii) provisions are familiar with hearing, and have certain organizing capacity, capable of hearing, (iii) having a university degree or above, (iv) other conditions stipulated by laws, rules and regulations. Nineth article hearing host law exercise following terms: (a) full, and objective, and just to heard hearing participate in people of statement views; (ii) determine held hearing of time, and locations and way; (three) decided suspended or extension hearing; (four) verified hearing participate in people identity and delegate Agent identity, and permission; (five) maintained hearing order, stop violation hearing discipline of behavior; (six) on administrative license of evidence, and reason asked hearing participate in people; (seven) requirements hearing participate in people provides or added evidence; (eight) this
    Other powers and functions conferred under.
    Article tenth hearing, record is one of the following persons shall withdraw from that: (a) the administrative Licensing application review personnel, (ii) the applicant and the interested person, the administrative review of the application for leave to close relatives of the person; (c) with the administrative Licensing application for other persons with a direct interest.
    11th participants in the hearing included in accordance with the regulations to the hearing of the applicants, interested parties and the review of the staff of the administrative Licensing application.
    Applicant or interested party may attend the hearing or signing agent, principal-agent 1 to 2 people to attend the hearing. 12th administrative organs to implement the provisions of article of administrative licensing items shall accept administrative licensing applications within 20th day of hearing.
    7th the executive authorities shall be held a hearing, with an announcement to inform the community in the form of hearing, time, location, and registration of participants in the hearing, option. Administrative bodies to implement the provisions of this article fourth administrative licensing items shall, before making a decision on the administrative license, to serve on the applicant a notice of hearing to inform interested persons have the right to request a hearing.
    Applicant or interested party shall be informed of the right to a hearing date within the 5th hearing an application made in writing to the Executive, fails to submit a hearing request, waived a hearing request.
    In accordance with the procedure provided for in the preceding paragraph, requested by the applicant or interested party to give up the hearing, the administrative organ may not hold a hearing, the administrative licensing applications are comprehensive, objective and fair review based on the decision on the administrative license according to law.
    13th Executive can follow this procedure, confirm that interested persons: (a) applicants for administrative licensing matters that directly involve the applicant substantial benefit and others, will the executive authorities before making a decision on the administrative license shall inform their legitimate rights and interests directly affected by the decision on the administrative license of citizens, legal persons or other organizations and other interested people have the right to demand hearings.
    (B) the interested party relative, served on the executive authorities should be accountable to interested persons notice of hearing; interested parties uncertain, the administrative organ shall be announced to the public, and interested persons to register with the administration.
    (C) interested parties should be as stipulated in the preceding paragraph, will the executive authorities inform or notice requirements apply to the administrative authority to request a hearing.
    (D) when large number of interested persons, by interested parties elected representatives to elected by the representative, the executive authorities can draw a fair and transparent selection.
    14th administrative organs should be the applicant or interested party after hearing an application made within 20th hearing, 7th hearing and held a hearing in the notice on the applicant or interested persons, shall be published, if necessary.
    Notice of hearing shall set forth the hearing time, place, manner, the hearing officer's name as well as for host withdrawal rights, and so on.
    15th before the start of the hearing, the hearing officer shall check their capacity as participants in the hearing, confirmed applicants, interested parties are required to apply for the hearing, reporters avoided.
    Applicant or interested party for the hearing withdrawal, the hearing shall be submitted to the Executive Heads decided to withdraw; for recorder withdrawal, the hearing officer to decide whether to avoid. 16th article hearing by following program for: (a) hearing host read hearing discipline; (ii) administrative license application of review personnel proposed review views of evidence, and reason and applies hearing program of administrative license review recommends; (three) applicants, and interest relationship people on administrative license application proposed evidence, and reason, and for statement, and defence; (four) administrative license application of review personnel, and applicants, and interest relationship people on administrative license application of reason and legal applies problem for defence, And the evidence provided by the other participants in the hearing for cross-examination. Administrative Licensing application and all related evidence should be heard in the show, quality certificates, (v) the applicant or interested party to make a final statement; (vi) the hearing officer announced the end of the hearing.
    After the hearing participants in the hearing confirmed the signing or seal. Article 17th record shall be kept of the hearing.
    Hearing record should contains Ming following content: (a) administrative license application matters; (ii) hearing host of name, and positions; (three) hearing records people of name, and positions; (four) hearing participate in people name or name, and address; (five) hearing held of time, and locations, and way; (six) administrative license application review personnel proposed review views of evidence, and reason and applies hearing program of administrative license review recommends; (seven) applicants, and interest relationship people of statement, and defence content;
    (H) the content of the participants in the hearing for cross-examination, (IX) the signature or seal of the participants in the hearing, participants in the hearing refused to sign or seal, by the hearing officer explained the situation at the hearing.
    Article 18th after the end of the hearing, the hearing officer hearing reports of hearing and review comments should be written, and reported to the administrative authorities in charge in conjunction with hearing.
    Executive authorities shall, according to transcripts of the hearing and make a decision on the administrative license.
    19th 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) in the course of the hearing, recertification needs to the relevant evidence and inspection surveys or necessary to summon new witnesses to testify, and (iii) other circumstances that should suspend the hearing.
    Suspension hearing cases eliminated, should resume the hearing, the hearing officer are responsible for hearing pursuant to the provisions of these regulations.
    20th article has following case one of of, can extension held hearing: (a) applicants, and interest relationship people death or corporate, and organization dissolved, needed waiting for right obligations heir or statutory representative people participate in hearing of; (ii) applicants, and interest relationship people for force majeure cannot participate in hearing of; (three) as citizens of applicants, and interest relationship people lost capacity, yet determine statutory agent of.
    Delayed after the Elimination of the preceding paragraph, shall hold a hearing within the 5th. 21st an applicant or interested party under any of the following circumstances, waived a hearing: (a) without good reason, not to participate in the hearing, (ii) the hearing without a hearing to allow exit in the middle and (iii) serious violations of the hearing disciplines, not to be stopped.

    Due to circumstances provided for in the preceding paragraph is deemed to have waived the hearing request shall again request a hearing on the same matter.
    22nd of municipal and district people's Government shall strengthen the implementation of the administrative license hearings of the executive oversight, guidance, and corrected in a timely manner in the implementation of the administrative license hearings of offences, specific work by the people's Governments at the corresponding level legal bodies.
    Hearing organs should be hearing the matter, time and place of the people's Governments at the corresponding level of the rule filings, legal organization can send staff members to attend.
    23rd administrative organs and their staff in violation of the administrative licensing law and the provisions of these regulations, not to inform the applicant or interested party to comply with a statutory hearing obligations or hearing shall be held in accordance with law without holding a hearing, by a higher administrative authority or supervisory organs shall be ordered to correct serious, managers directly responsible and other persons directly responsible shall be given administrative sanctions.
    Article 24th hearing costs shall be borne by the executive authorities, the requirements should be included in the budget of the executive authorities, be guaranteed by the financial, to the applicant or interested party shall not charge any fee.
    25th the implementation of administrative licensing organ shall, pursuant to this provision, combined with the actual situation of the sector, develop specific measures for implementation of the administrative license hearings of the Department.
    26th the specific application of these provisions by the municipal people's Government Affairs Office is responsible for the interpretation.
                                          27th article this provision come into effect July 1, 2004.

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