Implementation Measures For The Administrative License Hearings Of Jilin Province

Original Language Title: 吉林省行政许可听证实施办法

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(July 22, 2004, Jilin provincial people's Government, the 19th General meeting on September 5, 2004, Jilin provincial people's Government, the 167th release come into force on the date of promulgation) first in order to regulate the implementation of the administrative license hearings, administrative license legally valid, maintaining the lawful rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China Law on administrative licensing, these measures are formulated.
    Second provincial executive authorities at all levels the implementation of administrative licensing hearing, the application of this approach.
    Third article province levels administrative organ law implementation following administrative license matters of, should organization hearing: (a) legal, and regulations, and regulations provides implementation administrative license should hearing of matters; (ii) administrative license implementation organ think need hearing of involved public interests of major administrative license matters; (three) law was told hearing right of administrative license application people, and interest relationship people, in statutory term within, proposed hearing application of matters.
    Fourth on the implementation of administrative licensing of the applicant, any of the following circumstances, are directly related to the vital interests of relationship between the applicant and others, will the executive authorities before making a decision on the administrative license, it shall notify the applicant and the interested person may request an administrative hearing within the statutory time limit.
    (A) more people while competition 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 or party interests of; (three) on relationship public interests specific industry of market access, granted applicants administrative license, directly relationship other peer operators economic interests of. Fifth article implementation of the administrative license hearings must follow legitimate, open, fair, accessible and efficient principles.
    In addition to State secrets, business secrets or personal privacy is involved, a hearing shall be held in public.
    Article sixth review decisions by the two-level administrative authority according to law of administrative licensing, and final decisions of administrative organs for hearing organs. Article seventh hearing specific organization responsible for hearing, 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) belonging to the staff of organs of hearing, (ii) provisions are familiar with hearing, and have certain organizing capacity, capable of hearing, (iii) other conditions stipulated by laws, rules and regulations. Nineth article hearing host law exercise following terms: (a) neutral, and objective, and full 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 functions and powers endowed by the way.
    Article tenth hearing, record is one of the following persons shall withdraw.
    (A) the administrative Licensing application review personnel, (ii) the applicant and the interested persons and their close relatives; (c) with the administrative Licensing application for other persons with a direct interest.
    11th hearing people, including the administrative Licensing application review officers, administrative license applicant or interested party.
    Applicant or an interested person may attend the hearing in person or may entrust one or two agents to participate in the hearing. 12th administrative organs in implementing these procedures article III (a), (b) provision of administrative licensing items shall accept administrative licensing applications within 20th day of hearing.
    Hearing of the administrative organ shall be held before the 7th, with an announcement to inform the community in the form of hearing, time, location, and registration of participants in the hearing, option. Article III of the administrative authorities to implement this approach in part (c) of administrative licensing items, the executive authorities before making a decision on the administrative license shall be served on the applicant or interested party hearing notice, inform the enjoyment of 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.
    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 publicity 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. 15th before the start of the hearing, the hearing officer shall check their capacity as participants in the hearing, confirm whether the applicant or interested party for hearing, record withdrawal.
    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 should 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 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, all related to the administrative Licensing application and evidence should be heard in the show, quality certificates, (v) the applicant or interested party to make a final statement; (vi) the hearing officer declared the hearing closed.
    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 administrative license review recommends; (seven) applicants, and interest relationship people of statement, and defence content; (eight) hearing participate in people for quality card of content; (I) the participants in the hearing signed or sealed.
    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 in conjunction with the hearing organs of an organization and the heads of relevant administrative organs of 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, the need for relevant evidence re-evaluation and inspection surveys or necessary to summon new witnesses to testify, and (iii) other circumstances that should suspend the hearing. Suspension hearing was gone, should restore hearing.
    The hearing officer are responsible for hearing pursuant to the provisions of these measures.
    20th under any of the following circumstances, hearings may be postponed.
    (A) the applicant or interested party applying for withdrawal justification, cannot determine the hearing officer or hearing records, (ii) presence of the participants in the hearing because of force majeure reasons and (iii) other circumstances that need an extension.
    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) no legitimate reason for not attending the hearing, (ii) halfway through the hearing without a hearing to allow exit.
    By cases as provided for in the preceding paragraph is deemed to have waived the hearing request shall again request a hearing on the same matter. 22nd people's Governments above the county level 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 of 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.
    Article 23rd administrative organs and their staff in violation of the administrative licensing law and the regulations, is not to inform the applicant or interested party to fulfil the legal obligation of hearing 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 administrative hearing shall not charge any fee to the participants in the hearing. 25th article this way come into force on the date of promulgation.