Liaoning Province, Implementation Of The Administrative License Hearings Approach

Original Language Title: 辽宁省实施行政许可听证办法

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(June 24, 2004 at the 36th Executive meeting of Liaoning province on June 27, 2004 173th promulgated by the people's Government of Liaoning province as of July 1, 2004) Chapter I General provisions article in order to improve the licensing of fairness, openness and fairness, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China relevant provisions of the administrative licensing law, these measures are formulated. Article in the province within the administrative area, the implementation of administrative Licensing Executive (including laws and regulations authorize the implementation of administrative licensing organizations and the executive authorities entrusted with the implementation of administrative licensing, the same below) administrative licensing hearing, the application of this approach.
    Otherwise provided by laws and regulations, from its provisions.
    Third hearing of administrative licensing decision by the proposed administrative organization, specific work by the legal bodies of the executive authorities.
    The executive authorities entrusted with the implementation of administrative licensing, administrative license hearings on behalf of the Organization shall be to delegate authority.
    Fourth except as related to State secrets, business secrets or individual privacy, a hearing shall be held in public.
    Chapter two participants in the hearing section fifth participants in the hearing include hearing, administrative licensing examiners and administrative license applicants and interested parties. Sixth hearing officer designated by the Executive Director of the authority legal staff, but legal staff to review personnel of administrative permission otherwise.
    According to the hearing needs, head of the administrative organ can also assign 1 to 2 staff members assist the hearing process.
    Article seventh presider think and hearing of administrative licensing items or any applicant or interested party directly interested, shall voluntarily withdraw, and reported to the Executive in charge of the hearing decision.
    Eighth article hearing host exercise following terms: (a) presided over hearing activities; (ii) asked administrative license review personnel, and administrative license application people, and interest relationship people; (three) maintained hearing order; (four) for administrative license application people not participate in hearing or midway exit of, decided extension or terminated hearing; (five) for force majeure, reasons cannot as scheduled held hearing of, decided suspended hearing; (six) for guarantee hearing smooth for take other necessary measures.
    Article citizens, legal persons and other organizations, meets the statutory requirements, notification by the application or administrative authority, in its capacity as administrative license applicant or an interested person to the hearing.
    Tenth Article administrative license application people, and interest relationship people enjoys following right: (a) get hearing notification; (ii) application hearing host avoided; (three) delegate agent participate in hearing; (four) check out about hearing of files, get hearing material copy; (five) statement views, proposed evidence and quality card; (six) by hearing host allows, asked administrative license review personnel; (seven) legal, and regulations provides of other right.
    11th the Chief license inspector must attend the hearing.
    12th administrative licensing examiners and administrative license applicants and interested in hearing have the following obligations: (a) comply with the rules on the hearing, (ii) provide truthful information and materials relating to the hearing, (iii) to keep a secret, to protect personal privacy.
    13th if an applicant or interested party entrusts an agent to participate in the hearing, the hearing of the administrative organs of the Organization should be submitted by the delegate signature or seal of a power of attorney. Chapter III hearing preparation before 14th administrative authorities shall hold a hearing before the 7th, written notice of administrative license applicants and interested parties to the hearing.
    Written notice cannot be served, service by public announcement.
    15th in the notice of hearing shall set out the following: (a) the name, the name of the applicant or an interested person; (b) the time and place of the hearing, (iii) the hearing officer's name, company and position; (d) is proposed to be the main content of the decision on the administrative license; (v) absence of legal consequences of a hearing; (vi) other matters shall be recorded. 16th administrative license applicants and the number of the interested party, draw or sign up for the executive authorities may order applicants, representatives of interested parties to the hearing.
    Administrative authority shall determine a list of representatives of other administrative license applicants, interested public.
    At the beginning of fourth chapter held its 17th hearing, introduced by hearing my name, company, position, check the administrative licensing examiners and administrative Licensing application and the interested person's name and announced rules on the hearing, informed the administrative Licensing application, interested parties the rights and duties of man, asked the administrative license applicants, interested parties are requested to withdraw.
    Administrative license applicant or interested party requested to withdraw, the hearing officer shall suspend the hearing, and submitted to the Executive in charge of the hearing decision.
    18th article hearing survey according to following order for: (a) the administrative license review personnel read administrative organ intends made of administrative license decided, administrative license application people, and interest relationship people statement; (ii) administrative license review personnel, and administrative license application people, and interest relationship people proposed evidence; (three) administrative license review personnel, and administrative license application people and interest relationship people mutual quality card.
    According to the investigation process, the hearing officer may ask an administrative permit review staff, administrative license applicants and interested parties.
    Administrative licensing examiners and administrative license applicants and interested parties, under the auspices of the hearing to the other questions.
    19th debate in accordance with the following order: (a) review of administrative licensing officers, (ii) statement of administrative licensing of the applicant or their authorized agents, (iii) administrative permit interested persons or their authorized agents statements; (d) the administrative licensing examiners and administrative license applicants and interested parties debating each other.
    Hearing closing arguments and reviewed by the hearing officer in accordance with the administrative licensing staff, administrative license applicants and stakeholders consulted in the order final opinion of the parties. Article 20th administrative license applicants, interested parties think hearing of illegal or improper acts can be contested before the end of the hearing.
    Presider think the objection is established, it shall revoke the original Act do not think objection is established, can overrule the objection, and justified, documented.
    Article 21st administrative license applicants, interested parties do not bear the cost of hearing of the Executive, but to the hearing to pay at their own expense.
    22nd administrative organ deems it necessary, before a decision of administrative license, can once again hold a hearing.
    Chapter fifth hearing 23rd administrative authority shall appoint a person responsible for hearing record.
    24th hearing transcripts should be comprehensively and objectively and truthfully record all hearing activities.
    25th administrative license applicants, interested parties think hearing missing can apply for the correction. Article 26th hearing record shall be signed or sealed by the participants in the hearing.
    Administrative license applicant or interested party refuses to sign or seal shall be recorded.
    27th 5th after the end of the hearing, the hearing officer shall make a report of the hearing, and submitted to the heads of administrative organs in conjunction with hearing.
    Hearing the report shall include the following: (a) basic conditions of a hearing; (b) the administrative licensing examiners and administrative Licensing application and the main views of the interested person, (iii) the hearing officer.
    28th administrative authorities shall, according to transcripts of the hearing and make a decision on the administrative license.
    Article 29th hearing format text formulated by the Legal Affairs Office of the people's Government of the province.
    Sixth chapter legal responsibility 30th article administrative organ and staff 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) violation hearing program of; (three) deprived administrative license application people, and interest relationship people hearing right of; (four) deliberately for false hearing records of.
    31st hearing in the hearing process in violation of these regulations, adversely affected, by the hearing of the administrative organs of the Organization be given administrative punishments.
    Article 32nd administrative license applicants, interested parties, Attorney hearing disorder, granted by the hearing officer warned that violations of the People's Republic of China on public security administration punishments Ordinance, the public security organs in accordance with the penalty.
                                  Seventh chapter supplementary articles article 33rd these measures shall take effect on July 1, 2004.

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