Key Benefits:
(Adopted by the 36th Annual Meeting of the People's Government of the Commonwealth of Independent States on 24 June 2004 No. 173 of 27 June 2004 (Act No. 173 of the Order of the Government of the Greateron Province) Chapter I General Article 1, in order to enhance the fairness, openness and fairness of administrative licence decisions, protect the legitimate rights and interests of citizens, legal persons and other organizations, develop this approach in accordance with the relevant provisions of the National People's Republic of China's administrative licence law. Article 2 takes place within the administrative area of my province, in the application of the administrative licence hearing by the executive organs (with the legal, legislative and regulatory authorization to carry out administrative licences and the administrative authority entrusted with the administrative licence. The law, legislation and regulations provide otherwise, from their provisions. Article 3 hearings are organized by the executive body that is to make a administrative licence decision, with specific work being undertaken by the rule of law body of the administrative body. The administrative authority entrusted with the execution of administrative licences shall organize administrative licence hearings in the name of the delegated authority. Article IV should be held in public unless it relates to State secret, commercial secret or personal privacy. Chapter II Article 5 Participants included hearing facilitators, administrative licensor reviewers, administrative licensors and stakeholders. The moderator of the hearing is appointed by the head of the executive body to the staff of the rule of law body, except for the staff of the rule of law body for the administrative licence review. In accordance with the hearings, the heads of administrative bodies may also assign one to two staff members to assist the hearing facilitators. Article 7. The moderator considers that he or she has a direct stake in the administrative licence of the hearing or the applicant, the stakeholder should be avoided and the executive head of the organization of the hearings shall decide. Article 8 (i) Hosting hearings; (ii) Explore the administrative licensor, the administrative licensor and the owner; (iii) Maintenance of the hearings order; (iv) Resolves or termination of hearings due to the lack of access by the administrative licensor to the hearing or the way forward; (v) The decision to suspend the hearings for reasons such as force majeure cannot be held for the duration of hearings; (vi) Other necessary measures to ensure that hearings are conducted successfully. Article 9. Civil, legal and other organizations, in accordance with the statutory conditions, shall participate in the hearing in the capacity of an administrative licensor or an owner, upon request or by an administrative authority. Article 10 (i) A notice of hearing; (ii) To request the moderator to avoid; (iii) Authorize the agent to participate in the hearings; (iv) A copy of the hearing material is available for the hearing; (v) Presentations, presentation of evidence and evidence; (vi) Upon the permission of the hearing facilitators, query the administrative licensor; (vii) Other rights under the law, regulations. Article 11. The administrative licensor must participate in the hearings. Article 12 Administrative licensor reviewers, administrative licensors and stakeholders have the following obligations in hearings: (i) Compliance with the rules of hearings; (ii) If material related to hearings is provided; (iii) Conservation and protection of personal privacy. Article 13. The applicant, the stakeholder shall entrust the agent with the hearing and shall submit a letter of authorization to the administrative organ that organizes the hearings to the author's signature or chapter. Prepared by the hearing Article 14. The executive body shall notify, in writing, the applicant of the administrative licence and the owner of the hearing by seven days of the hearings. Written notices cannot be delivered and can be delivered. Article 15. The following matters shall be included in the letter of hearing: (i) The name, name and name of the applicant or the person of the person; (ii) Date and place of hearings; (iii) The name, unit and office of the moderator; (iv) The main elements of an administrative licence decision to be taken; (v) Legal consequences of hearings in absentia; (vi) Other matters to be documented. Article 16 lists a large number of administrative licensors and stakeholders, and the executive branch may determine the hearing of the applicant, the owner and the person concerned, in accordance with the drawing of lots or the order of the name. The list of designated representatives shall be made public to other administrative licensors and stakeholders. Proceedings At the beginning of the hearing, the author of the hearing introduced his name, unit, office, checking the name or name of the administrative licensor, the administrative licensor and the stakeholder, declares the rules of the hearing, informs the applicant, the owner of his or her rights and duties, and enquired whether the applicant, the owner of the licensor had applied for a waiver. An administrative licensor or an stakeholder request for a waiver, the moderator shall declare a suspension of the hearing and report to the executive head of the organization of the hearings. Article 18 (i) The administrative licensor read out the administrative licence decisions to be taken by the executive branch, with the presentation of the administrative licensor and the owner; (ii) Evidence from administrative licensor reviewers, administrative licensor and stakeholders; (iii) Administrative licensor reviewers, administrative licensors and persons of interest. In accordance with the survey process, the facilitators may ask administrative licensor reviewers, administrative licensors and stakeholders. Administrative licensor reviewers, administrative licensors and stakeholders may be asked each other under the chairmanship of the facilitators. The debate was held in accordance with the following order: (i) Statements by administrative licensor; (ii) Statements by the applicant or the agent entrusted by him or her; (iii) Statements by administrative licensor or agent of its commission; (iv) Administrative licensor reviewers, administrative licensors and stakeholders debate each other. The hearings were closed and the facilitators were consulted in the order of administrative licensor reviewers, administrative licensors and stakeholders. Article 20 licensor applicants, stakeholders believe that the facilitators of the hearing are lawful or wrongful and may object before the end of the hearing. The moderator's argument that the objection was established should be removed; the objection could be dismissed and the reasons for the record. Article 21 licensor applicants, stakeholders do not assume the cost of organizing hearings by the executive branch, but the costs incurred in the hearings are self-sustainable. Article 2 considers it necessary for the executive branch to hold a hearing once again before the administrative licence decision is made. Recorded information Article 23 should be appointed by the executive body to be responsible for hearings. Article 24 should be fully, objective and factually record all the activities of the hearings. Article 25 Article 26 Hearing shall be signed by a participant or by a chapter. Administrative licensor applicants, stakeholders denied signatures or chapters should be recorded. Within 5 days of the adjournment of the hearing, the moderator shall produce a hearing report, together with the hearing sheets, to the head of the executive branch. The hearings should contain the following: (i) Basic circumstances of hearings; (ii) The main opinion of the administrative licensor, the applicant for administrative licences and the person for the benefit; (iii) Hearing the views of the moderator. Article 28 shall take administrative licence decisions in accordance with hearings. The text of the hearings was developed by the Office of the Rule of Law of the Provincial Government. Chapter VI Legal responsibility Article 33 is one of the following cases in which the executive branch and its staff are transferred by their superior administrative organs or by an inspection authority order; in serious circumstances, the administrative disposition of directly responsible supervisors and other direct responsibilities is provided by law: (i) The holding of hearings by law without hearing; (ii) Violations of the hearings process; (iii) Deprivation of the right to be heard by the applicant and the stakeholder; (iv) The intentional recording of false hearings. Article 31 violates this approach during the hearings by the moderator, causing adverse impacts, and is subject to administrative disposal by the administrative organs that organize hearings. Article 32 licensor applicants, jurists, commissioners disrupting the hearing order, which is warned by the hearing facilitators, in violation of the People's Republic of China Regulation on the Safety and Security of the People's Republic of China. Chapter VII Article 33 of this approach is implemented effective 1 July 2004. |
