Dalian Administrative License Hearings Of Trial Rules

Original Language Title: 大连市实施行政许可听证试行规则

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(June 9, 2004 27th Executive meeting Dalian people's Government on June 10, 2004 42nd Dalian people's Government promulgated as of July 1, 2004) first to establish the implementation of administrative licensing hearing system, enhanced the rationality and transparency of administrative licensing to protect and to supervise the executive authorities the implementation of administrative license, 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 rules are formulated.
    Article the Dalian administrative organs at all levels and organizations authorized by the laws and regulations (hereinafter referred to as administrative organs) the implementation of administrative licensing hearing is required, these rules shall apply.
    Article III the implementation of administrative licensing hearing shall follow the principle of fairness, openness, objectivity and efficiency, fully listen to views from all sides. Fourth article following administrative license matters administrative organ in made administrative license decided Qian, 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.
    Fifth article administrative license directly involved applicants and others Zhijian major interests relationship of following case, administrative organ in made administrative license decided Qian, should told following personnel enjoys requirements hearing of right: (a) multiple applicants while application has number limit of administrative license matters of applicants; (ii) administrative license matters directly on adjacent right people of environment interests produced major effect of adjacent right people; (three) administrative license matters on applicants and others Zhijian directly economic interests produced major effect of interest relationship people;
    (D) the administrative licensing items directly related with others significant benefit to other interested persons.
    Applicant referred to in the preceding paragraph refers, in accordance with the People's Republic of China on administrative licensing law article 29th, applying to the administrative organ for administrative license units and individuals; interested referred to in the preceding paragraph, refers to the lawful rights and interests of units and individuals directly affected by the decision on the administrative license. Sixth implementation of the administrative license hearings need to be announced, the administrative organ shall hold a hearing before the 20th, hearing notices published in the local newspaper, published on the Government website and posting in the Executive Office.
    Notice of the hearing shall contain the following: (a) the administrative licensing items and content, (ii) the parties to the hearing's scope, conditions and (iii) modalities for participation of the parties to the hearing and (iv) the time and place of the hearing; (v) other matters shall be announced. Seventh administrative organs shall inform the applicant or interested party hearing rights, should be in writing to be served.
    Cannot be delivered in writing, or an interested person is not clear, take the service, specific notice time frames and in accordance with the provisions of rule sixth. Section VIII applicant, interested parties are informed of the right to a hearing date within 5th hearing an application made in writing to the Executive, the executive authorities should receive a hearing date within 20th hearing.
    Hearing of the applicant or interested party fails to submit a written application, waived a hearing rights. Nineth executive authorities shall hold a hearing will be held before the 7th hearing time, location matters such as notice in writing to the applicant or interested party. Not informed or interested in writing ambiguous may take notice notice notice time frames and in accordance with article sixth of these rules and regulations.
    Notice of hearing shall contain the following particulars: (a) the name or title of the notification; (ii) the administrative licensing items and content, (iii) the time and place of the hearing; (d) the hearing and the hearing Clerk's name; (e) inform the notifier the note.
    Tenth Article implementation of the administrative license hearings, take the form of a hearing.
    The hearing shall be held in public, and involve State secrets, business secrets or private affairs otherwise.
    Hearing by the administrative bodies responsible for the organization.
    Applicants, interested parties do not bear the cost of hearing of the Executive.
    11th hearing participants include: (a) the hearing and the hearing clerk, (ii) the parties to the hearing, including provisions to the hearing of the applicant or interested party; invite the NPC deputies and CPPCC members, experts and other, (iii) review of the staff of the administrative Licensing application and (iv) other relevant witnesses, experts, interpreters and so on.
    Hearing officer designated by the Executive Director, but the staff of the administrative licensing applications shall not be used as the hearing; hearing clerk identified by the hearing officer. The parties to the hearing are generally not more than 20 people.
    Large number of applicants and stakeholders, administrative bodies elected, balloting and other ways that you can, and representatives of the interested person to the hearing by the applicants. 12th hearing according to the need for galleries, bystander generally take the form of voluntary registration, during the 5th to the administrative authorities for a hearing to observe the formalities, prescribed by the administrative authorities in accordance with conditions and procedures established, required to attend the hearing.
    Bystander had no say in the hearings, but after the hearing by written material to the executive authorities reflect their views and preferences.
    13th in hearings, the parties to the hearing shall enjoy the following rights: (a) considered hearing and hearing clerks and administrative licensing items have an interest, may apply for his withdrawal, (b) may appoint 1 or 2 persons as agents to participate in the hearing, (iii) provide evidence for defence and cross-examination.
    14th of the parties to the hearing, to review the administrative permit staff members in hearings and other activities, assume the following obligations: (a) arrive at the designated location at the hearing, (ii) to comply with the hearing disciplines; (c) truthfully and giving evidence, answer Presiders asked; (d) the authorized agent, shall issue a letter of authorization, clear commitments and privileges.
    15th hearing officer shall perform the following duties: (a) determine the time and place of the hearing, (ii) determine the composition and number of participants in the hearing, (iii) notice of hearing issued; (d) the hearing meeting was chaired by (v) decision delay of a hearing; (vi) maintain order and keep the hearing and safety; (VII) presided over the hearing of other responsibilities.
    16th hearing and hearing the court clerk has one of the following should be avoided: (a), interested parties are close relatives of the applicant, (ii) other interests related to the administrative licensing items.
    Application of hearing of other persons in the preceding paragraph.
    17th article has following case one of of, should decided extension 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.
    Article 18th hearing before the start of hearings the court clerk should identify the parties to the hearing, review the administrative permit staff members and other personnel arrived at the scene, announced the hearing disciplines.
    At the beginning of the hearing, the hearing officer shall verify the identities of participants in the hearing, announced administrative licensing items, list of contents and the presiding hearer, hearing clerk, told the hearing relating to the rights and obligations of the parties, asked whether the parties to the hearing applying for withdrawal.
    The parties to the hearing for the hearing withdrawal, presider should suspend the hearings, Executive Heads decided for the hearing clerk withdrawal, decided by the hearing officer.
    19th article hearing by following order for: (a) review the administrative license application of staff provides review views and evidence, and reason; (ii) hearing party and he personnel proposed evidence, for defence and quality card; (three) hearing host asked hearing party, and review the administrative license application of staff and the other participate in personnel; (four) hearing host on hearing for summary and announced hearing end. Article 20th hearing clerk is responsible for recording and making hearing transcripts, and other work.
    Hearing clerk hearing all of the activities should be recorded.
    Record of hearing shall include the following: (a) the administrative licensing items and content, (ii) the participants in the hearing's name, title, address, and (iii) the time, place and manner of the hearing; (d) the statements, representations, ask questions of the parties; (e) contents of the evidence; (vi) the hearing expressed the importance of other content.
    After the end of the hearing, the hearing record shall be signed or sealed after the participants in the hearing review and correct; participants in the hearing transcript had doubts, is subject to recording check; refuses to sign or seal, indicate the situation on the hearing in the hearing record.
    21st the executive authorities should make decision on the administrative license according to hearing transcripts. Administrative licensing shall be the executive authorities decided to inform the parties to the hearing.
    Party refuses to accept the decision on administrative leave, may appeal to the Executive, to apply for administrative reconsideration or bring an administrative suit. 22nd hearing of the participants in the hearing shall comply with discipline, shall not disrupt the hearing order. Disorderly, hearing the right to stop and warned of serious, out of the hearing.
    Do not listen to stop, seriously disrupting order, the hearing officer hearing can be terminated, and recommended to the authorities pursue the liability of the parties. 23rd administrative organs in accordance with the People's Republic of China article 53rd of the administrative licensing law, fair competition through bidding, auction and make a decision on the administrative license in accordance with the relevant provisions.

    24th article violates this rule, administrative organs and their staff shall hold a hearing and not hearing from its higher administrative authorities or supervisory organs shall be ordered to correct serious, charge and other personnel directly responsible shall be given administrative sanctions. 25th article violates this rule, administrative organs and their staff do not make decision on the administrative license according to hearing transcripts, make the Licensing administrative organ or a higher administrative authority, according to the request of the interested party or ex officio annul of an administrative license.
    The annul of an administrative license caused damage to the legitimate interests of the licensee, the executive authorities should be compensated according to law.
    Format of the 26th the implementation of administrative licensing hearing instrument, issued separately by the Legislative Affairs Office of the municipal government.
                                                                                              27th article of the rules come into force on July 1, 2004.