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Urumqi Administrative Punishment Hearing Procedure

Original Language Title: 乌鲁木齐市行政处罚听证程序规定

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Administrative sanctions hearings in Uruhzi

(Adopted at the 37th ordinary meeting of the Government of the Uruz on 19 September 2011, No. 109 of 21 September 2011, by the Decree No. 109 of the Royal Government of the Republic of Uluz, which came into force on 1 November 2011)

Chapter I General

Article 1, in order to regulate administrative sanctions hearings and to guarantee and monitor administrative sanctions by the executive organs, to protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the National People's Republic of China's Administrative Punishment Act, and to establish this provision in conjunction with this city.

Article 2

The number of hearings in the law, legislation and the relevant Departments of the State may be implemented in accordance with their provisions.

Article 3. Administrative sanctions hearings follow the principles of openness, impartiality, efficiency and guarantees of the legitimate rights of the parties.

Article IV imposes a system of notification, avoidance and guarantees the rights of the parties and the right to be heard in accordance with the law.

Article 5

Chapter II

Article 6. Hearing is organized by the executive body to make administrative sanctions. Specific implementation is the responsibility of its rule of law institutions or the appropriate institutions.

The administrative penalties proposed by the organization entrusted by the executive branch require hearing, organized by the delegated administrative body.

Article 7. Two or more administrative penalties to be co-sponsored by two or more administrative organs require hearings.

Article 8. Hearings include the moderator, the hearing and the recorder.

Article 9. The moderator shall be appointed by the head of the executive body to the non-exclusive investigators such as the staff of its rule of law institutions.

In accordance with the circumstances, the heads of administrative bodies may designate one to two non-in-the-job investigators to serve as a hearing witness to assist the facilitators in organizing hearings.

The hearings should have a special record. The recorder was appointed by the moderator, with specific reference to the preparation of the hearings and the recording of the hearings.

Article 10

(i) To decide on the time, place and manner of the hearings;

(ii) Decides to suspend, extend or terminate the hearing;

(iii) Determining whether the hearing of the witness, the recorder is avoided;

(iv) Resolves to require witnesses to testify;

(v) Other functions should be exercised by the moderator.

Article 11

(i) To bring the notice of the hearing to the participants on time;

(ii) Inquiries about the facts of the case and the legal basis applicable;

(iii) Request for hearing to be provided or supplemented by evidence;

(iv) To put an end to the violation of the disciplinary acts at the hearings and to maintain a hearing order;

(v) Written reports to the heads of administrative bodies on hearings and observations on cases;

(vi) Other functions to be performed by the hearing facilitators.

Article 12. Hearing of the parties involved in the cases of administrative penalties and their agents, thirds and their clients and investigators in the case.

Article 13 refers to citizens, legal persons and other organizations that require hearings in accordance with the relevant provisions of the National People's Republic of China Administrative Punishment Act.

Article 14. Other citizens, legal persons and other organizations that deal with the results of the case may participate as third parties in hearings.

Article 15. The parties, third parties may be personally involved in the hearings or may be entrusted to the agent for the hearings. The author's participation in the hearings shall submit a letter of authorization from the author's signature or chapter to the executive organ prior to the hearing, specifying the authority of the agent.

Article 16 Rights and obligations of parties, third persons in hearings:

(i) The right to make representations and defences of facts, applicable laws and related circumstances of the case;

(ii) The right to provide evidence with evidence and to make new evidence;

(iii) If the facts of the case are presented and the questions raised by the moderator;

(iv) To adhere to the disciplinary aspects of the hearings, subject to the command of the moderator.

Chapter III Communication, presentation and admissibility of hearings

Article 17 Administrative cases of administrative penalties for the application of the hearing procedure shall be communicated to the parties before administrative sanctions decisions are made.

The hearing shall contain the following matters:

(i) The name or name of the party;

(ii) Violations committed by parties, grounds for administrative penalties, and administrative sanctions decisions to be taken;

(iii) To inform the parties of the right to require hearing;

(iv) To inform the parties of the time period and the organ of the organization in which hearings are required.

The hearings must be accompanied by the seals of the executive branch.

Article 18 parties require hearing, and within 3 days of the date of receipt of the hearings, requests for hearing should be submitted in writing to the administrative organs. The parties did not submit a request for hearing before the hearing, which was considered to give up the right to the hearing.

The parties have made clear that the right to renounce the hearing must not make a request for hearing in the present case.

The third party in relation to the treatment of cases in favour of the outcome of the hearings requires participation in hearings and should be presented to the executive organs before the hearings are held. Would be granted by the executive branch.

Article 20 provides for hearing requests by the parties in accordance with the law and the executive organs shall organize hearings in a timely manner.

Preparation and conduct of hearings

Article 21, the executive organ decides to hold a hearing and shall appoint a hearing facilitators in a timely manner, who shall determine the time, place and manner of holding a hearing.

The case investigators should transfer the relevant material such as the file to the moderator in a timely manner.

The hearing facilitators shall communicate the notice of the hearing to the hearing participants by 7 days of the hearing.

The notice of the hearing shall contain the following matters:

(i) The name or name of the party;

(ii) Time, place and manner of hearings;

(iii) The names of the hearing facilitators, the hearingers and the recorders;

(iv) To inform the parties of the right to apply for the avoidance;

(v) To inform the parties of the preparation of the relevant evidentiary material.

The notice of the hearing must be added to the seals of the executive branch.

Article 23, the moderator, the hearing, the recorder, has one of the following cases, and the parties have the right to make requests for evasion before hearing is held orally or in writing:

(i) The investigation of the licensee in the present case;

(ii) Near relatives of the parties or the investigating of the witness in the present case;

(iii) The treatment of cases has a direct stake.

The evasion of the hearing moderator was decided by the executive heads; the evasion of the hearing and the recorder was decided by the facilitators.

Article 24 should be held in public unless it relates to State secret, commercial secret or personal privacy.

The public hearings should be held, and the executive organs should give a notice of the content, timing, location and related matters in a timely manner.

Article 25. The parties shall participate in the hearings on time. The parties have justified the request for the extension of the hearings and granted the extension once; the parties did not participate in the hearings on time and did not justify them in advance.

Article 26 hearings are conducted in accordance with the following procedures:

(i) The author read out the disciplinary and attention matters at the hearings and the rights and obligations to be heard;

(ii) The moderator's announcement of the hearing by presenting the names, functions, interviews and the names of the hearing facilitators, the hearingers and the recorders, as well as the identification of the hearings; and the commencement of the hearings;

(iii) The case investigators present the facts of the violation by the parties, present evidence, provide the basis for penalties and administrative sanctions recommendations;

(iv) The parties make presentations, the defence and the submission of evidence;

(v) Presentations by third parties, pleas, and relevant evidence;

(vi) Procedural investigators, parties, third parties, conduct qualitative evidence, debate;

(vii) Final statements by case investigators, parties, thirds;

(viii) The closing of the hearing by the moderator.

Article 27 allows the hearing of the witness to apply for the witness to the hearing.

Witnesses cannot be given testimony, and the witness participants may submit a written statement to the witness and read as follows.

Article 28 should produce a notice. The hearings should contain the following matters:

(i) The hearing;

(ii) The name or name, address of the participant;

(iii) The moderator, the hearing, the name of the recorder and the place of office;

(iv) Time, place and manner of hearings;

(v) The facts of the law, evidence, the basis for the penalties proposed and the recommendations for administrative sanctions, as presented by the investigating officer;

(vi) Presentations by the parties, third parties, pleadings and content of the evidence;

(vii) Mutual evidence, debate;

(viii) Final presentations;

(ix) Other matters.

Article 29: The hearing shall be checked by the hearing participant or by the name. The witness statement in the note shall be referred to the witness to check the place of signature or chapter of the absence.

The witness participants and witnesses refuse to sign or chapter, as indicated by the recordr in the hearings.

At the end of the hearing, the hearing shall be presided over by a written report to the heads of administrative bodies on the hearings and a case-by-case response. In accordance with the views of the moderator and the hearings, the head of the executive branch shall make a decision to impose administrative penalties in accordance with the law.

Article 31 states that:

(i) The death or dissolution of the party and the need to determine the successor of the obligation;

(ii) The parties or the investigator may not participate in the hearings due to the irrevocability of the person;

(iii) Other cases requiring suspension of hearings.

After the removal of the reasons for the suspension of the hearing, the moderator should resume the hearings.

Article 3 states that:

(i) Three months after the death or dissolution of the party, the failure to determine the successor of the right obligation;

(ii) The parties shall not participate in the hearing or to withdraw from the hearings without justification;

(iii) Other circumstances requiring the cessation of hearings.

Article 33 should guarantee the provision of hearings and provide the premises, equipment and other facilities necessary to organize hearings.

The executive branch shall hold hearings without charge to the parties.

Chapter V

Article 34, paragraph 1, of the present article is implemented effective 1 November 2011.