(On June 23, 2004 national environmental protection General makes 22nd, released since on July 1, 2004 up purposes) first chapter General first article to specification environmental protection administrative license activities, guarantees and supervision environmental protection administrative competent sector law administrative, improve environmental protection administrative license of scientific, and just sex, and rationality and democratic sex, protection citizens, and corporate and other organization of lawful rights and interests of, according to People's Republic of China administrative license method, and People's Republic of China environment effect evaluation method
The provisions of relevant laws and regulations, these measures are formulated.
II environmental protection Administrative Department of the people's Governments above the county level when implementing an administrative license, these measures shall apply for a hearing.
Third hearing by the proposed licensing environmental protection Administrative Department of environmental protection organizations.
The fourth hearing of the Administrative Department of environmental protection organizations shall follow the principle of openness, fair, just and convenient, fully hear the views of citizens, legal persons and other organizations, ensuring their representation, cross-examination and the defence of rights.
In addition to involve State secrets, business secrets or personal privacy, the hearing shall be held in public.
Public hearing to be held, citizens, legal persons or other organizations may apply to participate in the trial.
Second chapter hearing of applies range fifth article implementation environmental protection administrative license, has following case one of of, applies this approach: (a) according to legal, and regulations, and regulations of provides, implementation environmental protection administrative license should organization hearing of; (ii) implementation involved public interests of major environmental protection administrative license, environmental protection administrative competent sector think need hearing of; (three) environmental protection administrative license directly involved applicants and others Zhijian major interests relationship, applicants, and interest relationship people law requirements hearing of.
Sixth article except national provides need confidential of construction project outside, construction this article by column project of units, in approval environment effect report book Qian, not law sought units, and experts and public of views, or although law sought has units, and experts and public of views, but exists major views differences of, environmental protection administrative competent sector in review or again audit construction project environment effect evaluation file zhiqian, can held hearing, sought project location units and residents of views:
(A) the environment can have a significant impact construction projects, should prepare an environmental impact report, (ii) may produce smoke, odor, noise or other pollution, seriously affecting the quality of local residents ' living environment and construction projects. Seventh article on May caused bad environment effect and directly involved public environment interests of industrial, and agricultural, and livestock, and forestry, and energy, and water, and traffic, and city construction, and tourism, and natural resources development of about special planning, set district of city level above Government in approval the special planning draft and made decision zhiqian, specified environmental protection administrative competent sector on environment effect report book for review of, environmental protection administrative competent sector can held hearing, sought units, and Expert and public comments on the draft environmental impact report.
State regulations should be kept confidential except for the plan.
Chapter III hearing and participants in the hearing the eighth administrative license hearings, organized by the bear the licensing functions of the Administrative Department of environmental protection, and hearing specified by its implementation.
Hearing shall be reviewed by the Administrative Department of environmental protection permit review staff of the administrative licensing applications within the Agency staff.
Environment of administrative licensing matters concerning grave and complex, decided to hold a hearing by the Administrative Department of environmental protection, by licensing staff hearing officer may affect the impartiality of the review bodies, by the legal staff for the hearing.
Record specified by the hearing officer.
Nineth article hearing host in hearing activities in the exercise following terms: (a) decided held hearing of time, and locations and way; (ii) decided hearing of extension, and suspended or end; (three) decided witnesses whether attended testified; (four) on hearing matters for asked; (five) received and audit about evidence, necessary Shi can requirements hearing participate in people provides or added evidence; (six) command hearing activities, maintenance hearing order, on violation hearing discipline of behavior be warning until ordered its exit;
(G) review the record of hearing; (VIII) other functions and powers provided for by the laws, rules and regulations.
Record specific hearing preparation and hearing records.
Tenth Article hearing host in hearing activities in the bear following obligations: (a) decided will about hearing of notification timely served administrative license application people, and interest relationship people, and administrative license review personnel, and identification people, and translation personnel, hearing participate in people; (ii) just to presided over hearing, guarantee party exercise statement right, and defence right and quality card right; (three) meet avoided case of, should itself avoided; (four) conservative hearing case involved of national secret, and commercial secret and personal privacy.
Recorder shall faithfully making hearing transcripts, and this article (d) obligations under the item. 11th hearing, one of the following circumstances, it shall voluntarily withdraw.
Environmental protection administrative license applicants or interest relationship people right to to oral or written way application its avoided: (a) is was hearing of administrative license of review personnel, or is administrative license review personnel of near relatives; (ii) is was hearing of administrative license of party, or is was hearing of administrative license party, and agent of near relatives; (three) and administrative license results has directly interest relationship of; (four) and was hearing of administrative license party has other relationship, may effect just hearing of.
Provisions of the preceding paragraph, applicable to environmental appraisal, monitoring personnel. Administrative permission to the applicant or an interested person for hearing withdrawal shall state the reasons, the head of the Administrative Department of environmental protection hearing to decide whether to avoid.
Is avoided until a decision, suspend the hearing of the application for withdrawal should be from the hearings.
12th article environmental protection administrative license application people, and interest relationship people enjoys following right: (a) requirements or gave up hearing; (ii) law application hearing host avoided; (three) can personally participate in hearing, also can delegate a to II people agent participate in hearing; (four) on hearing matters for statement, and defence and proof; (five) on evidence for quality card; (six) hearing end Qian for last statement; (seven) review and check hearing record; (eight) check out files.
13th environmental protection administrative license applicant or interested party to assume the following obligations: (a) specified by the hearing of the Administrative Department of environmental protection of the time and place of hearing; (b) the burden of proof according to law; (c) answer Presiders inquiries; (d) to comply with the hearing disciplines.
Hearing the applicant without a legitimate reason not to attend the hearing, deemed to be waiver of hearing right.
Violation hearing disciplinary hearing the applicant, of the serious cases were ordered to exit by hearing, deemed to be waiver of hearing right.
Environmental experts, monitoring, witnesses, interpreters and other participants in the hearing, it shall be liable (c) and (d) the obligation to do so.
14th administrative license applicant, the interested party or his legal representative, agent is entrusted to the hearing, shall submit to the hearing of the Administrative Department of environmental protection by the principal signed or sealed by the power of attorney.
Power of attorney shall set forth the matters entrusted and the permissions.
15th hearing of Administrative Department of environmental protection can be hearing of administrative licensing items notification to learn units and individuals attended the hearing.
Counterparts should support understanding the hearing of administrative licensing matters concerning units and individuals attended the hearing.
There is difficulty in the witness is unable to attend the hearing, submit written testimony signed or sealed. 16th administrative licensing items of environmental protection need to be identified or monitored, should entrust a qualified appraisal or monitoring body.
Entrusted to agencies to learn more about the material and, if necessary, can ask administrative Licensing application, interested parties or witnesses.
Verification or monitoring body shall submit a signed or sealed a written appraisal or monitoring the conclusion.
Chapter fourth hearing procedures article 17th Administrative Department of environmental protection on the article fifth subparagraph (a) and (b) provision of administrative licensing items on environmental protection, decided to hold a hearing, shall be held at the hearing before the 10th, through appropriate means such as newspapers, network, or bulletin, announced to the public.
Notice should include the permission to be heard and the time and place of the hearing, as well as attending the hearing.
18th hearing of the Administrative Department of environmental protection can be based on the site conditions, determine the number of people attending the hearing.
19th take part in environmental protection administrative license hearings of citizens, legal persons or other organizations with large numbers of, may nominate representatives to participate in the hearing.
20th Administrative Department of environmental protection on the article fifth (c) provision of administrative licensing items on environmental protection, before making the decision on the administrative license, shall inform the administrative license applicants, interested parties have the right to request a hearing and sent to the administrative license hearings of environmental protection informed book.
Environmental protection administrative license hearing told book should contains Ming following matters: (a) administrative license application people, and interest relationship people of name or name; (ii) was hearing of administrative license matters; (three) on was hearing of administrative license of preliminary review views, and evidence and reason; (four) told administrative license application people, and interest relationship people has application hearing of right; (five) told application hearing of term and hearing of organization organ.
Served on the administrative license hearings notice of environmental protection can be taken directly, commissioned delivery, mailing in the form, and by administrative license applicants, interested parties sign the delivery receipt.
Administrative license applicant, a large number of interested persons or other necessary cases, through newspapers, Internet or notices or other appropriate means, of the administrative license hearings notice of environmental protection to society announcements.
21st administrative license applicants, interested parties requested a hearing, shall from the date of receipt of the notice of hearing on hearing an application made in writing in the 5th.
The 22nd article of the administrative license hearings of applications include the following: (a) hearing the applicant's name, address, (ii) specific requirements to apply for a hearing; (c) the basis, reason to apply for a hearing; (iv) other related material. 23rd organization of administrative permission hearing after hearing of applications received by the Administrative Department of environmental protection, application materials should be reviewed.
Application materials are available, and shall once told the hearing the applicant supplemented.
24th article hearing application has following case one of of, organization hearing of environmental protection administrative competent sector not accepted, and written description reason: (a) hearing applicants not the environmental protection administrative license of applicants, and interest relationship people of; (ii) hearing application not in received environmental protection administrative license hearing told book Hou 5 a days within proposed of; (three) other not meet application hearing conditions of.
25th hearing of the Administrative Department of environmental protection approved hearing eligible for hearing applications shall accept and organize hearings in the 20th.
Article 26th hearing should be held at the hearing by the Administrative Department of environmental protection's 7th administrative license hearings of the notice of application for leave to serve on the administrative people, interested people and sign the delivery receipt.
Environmental protection administrative license hearing notice should contains Ming following matters: (a) administrative license application people, and interest relationship people of name or name; (ii) hearing of causes and according to; (three) hearing held of time, and locations and way; (four) hearing host, and administrative license review personnel of name, and positions; (five) told administrative license application people, and interest relationship people advance prepared evidence, and notification witnesses, matters; (six) told administrative license application people, and interest relationship people participate in hearing of right and obligations;
(VII) other considerations.
Applicant or interested party number or other necessary cases, through appropriate means such as newspapers, network, or bulletin, announced to the public.
27th environmental protection administrative license applicants, interested parties after receiving the notice of hearing shall be on time; don't show up without good reason, or without the hearing officer allowed to leave, waived a hearing right and credited to the hearing record. 28th article environmental protection administrative license hearing by following program for: (a) hearing host announced hearing venue discipline, told hearing applicants, and interest relationship people of right and obligations, asked and verified hearing participate in people of identity, announced hearing began; (ii) records Member announced hearing by involved license matters, and hearing host and hearing member of name, and work units and positions; (three) administrative license review personnel proposed preliminary review views, and reason and evidence; (four) administrative license application people, and
An interested person in respect of the matters of administrative license statement and defence, on the evidence, the Chief license Inspector's cross-examination of evidence (v) review of administrative licensing and administrative license applicants, interested parties debate (vi) administrative license applicants, interested parties make final statements; (g) the host announced the end of the hearing.
In the course of the hearing, the host can give the permission to review personnel, administrative Licensing application, interested parties and witnesses questions, the officer must answer truthfully.
29th hearing of Administrative Department of environmental protection, told the inquiry must make a written record. Hearing record should contains Ming following matters, and by hearing member and records member signature: (a) hearing by involved license matters; (ii) hearing host and records member of name, and positions; (three) hearing participate in people of basic situation; (four) hearing of time, and locations; (five) hearing public situation; (six) administrative license review personnel proposed of preliminary review views, and reason and evidence; (seven) administrative license application people, and interest relationship people and other hearing participate in people of main views, and reason and according to; (eight) extension, and
Description of suspension or termination; (IX) matters related to the hearing in the hearing process; (j) the hearing officer deems the other matters of record. After the end of the hearing, hearing transcripts should be making a statement of administrative license applicant or interested party audit correct signature or seal.
Without any justified reason, refuses to sign or seal, shall be entered into the hearing record.
Article 30th after the end of the hearing, the hearing officer shall report timely hearing of Department Manager.
Administrative Department of environmental protection should be based on the hearing, make a decision on the administrative license and should be attached to the hearing in the licensing decision reflecting the main points of adopt or not adopt a note.
The 31st under any of the following circumstances, may postpone the hearing: (a) the hearing could not be held due to force majeure, (ii) applicant or interested party to the provisional application of administrative license hearing avoided; (c) the license applicant or interested party applied for an extension, and justified, and (iv) other circumstances could be postponed.
Postponed hearing, the hearing shall notify the participants in the hearing by the Administrative Department of environmental protection.
32nd under any of the following circumstances, suspension of hearing: (a) the presider think during the hearing raised new facts, grounds, and basis pending further investigation and verification or identification, (ii) citizens, legal persons or other organizations that apply for a hearing to terminate, person succeeding to its rights and obligations has not been determined, and (iii) other circumstances that should suspend the hearing.
Suspended a hearing, the hearing shall notify the participants in the hearing by the Administrative Department of environmental protection.
Deferred, suspended the hearing after the 33rd article, decided by the Administrative Department of environmental protection hearing whether to resume the hearing and notify the participants in the hearing. 34th article has following case one of of, should terminated hearing: (a) administrative license application people, and interest relationship people in told Hou clear gave up hearing right of; (ii) hearing applicants withdrawn hearing requirements of; (three) hearing applicants no due reason not participate in hearing of; (four) hearing applicants in hearing process in the statement exit of; (five) hearing applicants without hearing host allows midway exit of; (six) hearing applicants for corporate or other organization of, the corporate or other organization terminated Hou,
Bear hearing rights of legal entities or organizations to give up their rights; (g) the violation hearing disciplinary hearing the applicant, if the circumstances are serious, were ordered to exit by hearing; (h) the need to terminate the hearing of other cases. Fifth chapter penalty is 35th article environmental protection administrative competent sector and staff violation People's Republic of China administrative license method of provides, has following case one of of, by about organ law ordered corrected; plot serious of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions: (a) on legal, and regulations, and regulations provides should organization hearing of environmental protection administrative license matters, not organization hearing of; (ii) on meet statutory conditions of environmental protection administrative license hearing application,
Not be accepted; (c) in the process of receiving, reviewing, deciding on environmental administrative permission, without giving the applicant or interested party fulfilling their statutory duty of disclosure and (iv) failing to note do not accept administrative licensing hearing applications or reasons for not hearing.
Article 36th hearing of the Administrative Department of environmental protection, record, dereliction of duty, abuse of authority or engages in at the hearing shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
Sixth chapter supplementary articles the 37th article of the administrative permission hearing notice, the environmental protection administrative permission hearing notice, an application for administrative license hearings of the environmental protection, the environmental protection administration under license and the format of the delivery receipt of the hearing notice, specification centrally by the State environmental protection administration.
Article 38th requirements for hearing by the Administrative Department of environmental protection, should be in accordance with the People's Republic of China article 58th of the provisions of the administrative licensing law, included in the Administration's budget, be guaranteed by the governmental finance.
The 39th Department of environmental protection administration authorized the drafting of environmental laws, regulations, or according to the terms of reference of the drafting of regulations on environmental protection, directly related to the vital interests of citizens, legal persons or other organizations, relevant authorities, organizations or citizens have major differences of opinion on draft, the Administrative Department of environmental protection can take the form of hearings, listening to public opinion.
Environmental legislative hearings, in addition to the application of the regulatory procedure Ordinance and other laws and regulations of the procedure, refer to this approach on the hearing and the hearing procedure shall apply.
40th article of the rules take effect on July 1, 2004. Annexes: 1. the administrative license hearings of environmental protection bulletin format 2. format of the administrative license hearings of environmental protection notice 3. format of the administrative license hearings of applications 4. the format of the notice of administrative permission hearing 5. Annex I to the format of the delivery receipt: =xxx environmental protection Bureau Protection of administrative permission hearing announcement xxx (x) x, according to the People's Republic of China on administrative licensing law article 46th (and the ______________________ ______ ________) of my Council will be held on ________ ____ year month day of ____ ____ ____ points in (place)
就
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（环境保护行政许可事项）
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举行听证。
Applications to participate in the hearings may ____ ____ ______ years months days to my Department on application procedures. 我局通讯地址及邮政编码：______________________________________________
联系人：______________________________________________________________
联系电话：_____________________________________
_______________________ Fax: ________________________________________________________________ before attending the hearing, shall make the following preparations: 1, carrying the relevant evidentiary material; 2, notify the witness to testify; 3, appoint agents to participate in, in advance for the agency procedures. ×××环境保护局（印章）
×年×月×日
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附件二：
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×××环境保护局
环境保护行政许可听证告知书
× XX (x) x, (environmental protection administrative license applicants or interest relationship people):-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the (environmental protection administrative license application people) Yu ______ years ____ months ____ Hinata I Council proposed has on-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the (environmental protection administrative license matters)
Applications.
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我局的初步审查意见是______________________________________________。 主要理由：____________________________________________________________
__________________________________________________________________________
____________________________
____________________________________________。 主要证据：____________________________________________________________
__________________________________________________________________________
____________________________
____________________________________________。
Under the People's Republic of China the 47th article of the administrative licensing law, the environmental protection administration license, you (or an individual) is entitled to request a hearing.
Your unit (or individual) If you request a hearing, you can receive this notification within 5th of hearing an application in writing to me; fails to apply for hearing, as your unit (or individual) waiver of hearing right. 我局通讯地址及邮政编码：______________________________________________
联系人：______________________________________________________________
联系电话：_____________________________________ _______________________
传真：________________________________________________________________
×××环境保护局（印章）
×年×月×
=Tbl/> annex III: = environmental protection administrative license hearings of applications (XXX environmental protection agency):-------------(environmental protection administrative licensing items)-----------------------------------__________________________ apply for hearings. 申请的依据和理由：____________________________________________________
__________________________________________________________________________
________________________________ __________________________________________
__________________________________________________________________________
___________________________________________________ _______________________
__________________________________________________________________________
______________________________________________________________________ ____
__________________________________________________________________________
________________________________________________________________________。 附件：有关材料
环境保护行政许可听证申请人：__________________________________________
通讯地址及邮政编码：__________________________________________________
联系人姓名和电话：__________________________________
__________________
环境保护行政许可听证申请人
（签字或者印章）
×年×月×日
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附件四：
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Environmental protection agency environmental protection administrative permission hearing notices xxx xxx (x), x (environmental protection administrative permission to the applicant or an interested person):--------------------under the People's Republic of China the 47th article of the administrative licensing law, and should be (environmental protection administration
-----------Licensing the interested person and/or the applicant) hearing requests, I decided to (environment--------------------------------nursing administrative licensing items) hold a hearing. ───────────────────────────
一、听证会的时间、地点
时间：______年____月____日____时____分
地点：________________________________________________________________
二、参加听证会人员
1、听证主持人姓名：____________
_________职务：______________________，
书记员姓名：________________________职务：________________________。
2, environmental protection administrative licensing inspectors name: _______________ position: ______________.
3, environmental protection administrative license applicants: _________________________________________.
4, environmental protection administration permits an interested person: _____________________________________.
Three, and environmental protection administrative license application people and interest relationship people of right and obligations 1, and according to environmental protection administrative license hearing approach 13th article of provides, environmental protection administrative license application people, and interest relationship people enjoys following right: (a) requirements or gave up hearing; (ii) by description reason, law application hearing host avoided; (three) can personally participate in hearing, also can delegate a to II people agent participate in hearing; (four) on hearing matters for statement, and defence and proof; (five) on evidence for quality card;
(F) final statements before the end of the hearing, (VII) review and check the record of hearing; (VIII) consult the files. 2, in accordance with the provisions of the environmental protection measures for the administrative license hearings of the 14th, the environmental protection administration license applicant or interested party to assume the following obligations: (a) specified by the hearing of the Administrative Department of environmental protection of the time and place of hearing. Hearing the applicant without a legitimate reason not to attend the hearing, deemed to be waiver of hearing right, (ii) proof according to law; (c) answer Presiders inquiries; (d) to comply with the hearing disciplines.
Violation hearing disciplinary hearing the applicant, of the serious cases were ordered to exit by hearing, deemed to be waiver of hearing right.
D, notes 1, carrying the relevant evidentiary material; 2, notify the witness to testify; 3, entrusts an agent to participate in, in advance for the agency procedures. 五、我局联系方式
我局通讯地址及邮政编码：______________________________________________
联系人：______________________________________________________________
联系电话：_____________________________
_______________________________
传真：________________________________________________________________
×××环境保护局（印章） ×年×月×日
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×××环境保护局
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