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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Urumqi administrative punishment hearing procedure

    (September 19, 2011 the city of Urumqi municipal people's Government at the 37th Executive meeting September 21, 2011 the city of Urumqi municipal people's Government, the 109th published since November 1, 2011) Chapter I General provisions

    First in order to standardize the procedure of administrative punishment hearing, safeguarding and supervising the administrative organs shall impose administrative penalties, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China on administrative punishment law, combined with the city's actual, these provisions are formulated.

    Second city executive authorities at all levels (including legally authorized or delegated administrative organization for law enforcement) on the parties in accordance with an order to suspend, revoke licenses or licence, fined 500 Yuan to citizens more than fines, legal persons or other organizations more than 20000 Yuan fines and other administrative penalties before a decision, the parties called for a hearing, in accordance with the People's Republic of China on administrative punishment law and the regulations.

    Laws, regulations and relevant departments of the State Council on "large amount of fine" line of hearing as otherwise provided, according to their regulations.

    Third administrative punishment hearing shall follow an open, fair, the principles of efficiency and safeguard the legitimate rights of the parties.

    The fourth imposed administrative punishment hearing shall inform, challenge, parties the right to be heard and the right to be heard according to law.

    Fifth of municipal, district (County) Legislative Affairs Agency on administrative punishment hearing work within their respective administrative areas implementation guidance and supervision.

    Chapter II organs of hearing, hearing officer and hearing participants Sixth hearing by the proposed administrative penalties administrative organization.

    Implementation the legal agencies or organisations.

    Entrusted by the Executive Organization of administrative penalties need to be undertaken by a hearing, organized by the delegated administrative authorities.

    The seventh two or more administrative bodies intended to make administrative punishment of hearing, and hearing by the common administrative penalties administrative authority.

    Article eighth hearing include the presiding hearer, hearing officers and reporters.

    The Nineth hearing officer designated by the Executive Director of its legal staff, such as the investigation of the case officer.

    Executive heads according to needs, you can specify 1 to 2 non-investigators in this case as the hearing officer to assist the hearing officer hearing. Hearing should be recorded.

    Record specified by the hearing officer, specific hearing preparation and hearing records.

    Tenth hearing shall exercise the following powers:

    (A) decide to hold a hearing the time, place, and manner;

    (B) decided to suspend, postpone or terminate the hearing;

    (C) decide whether the hearing clerk, records clerk withdraw;

    (D) determining the need for witnesses present testimony;

    (E) shall be exercised by the hearing officer's terms of reference.

    11th hearing officer shall perform the following duties:

    (A) is responsible for on time and notice of hearing served on the participants in the hearing;

    (B) as applicable to the facts of the case and its legal basis for questioning;

    (C) request a hearing to attend to provide or supplement evidence;

    (D) Suppression of acts contrary to occupy the disciplinary hearing, maintaining hearing order;

    (E) reporting to the Executive Director in writing a hearing and offer views of the case;

    (Vi) other duties as shall be carried out by the hearing officer.

    12th hearing into cases including administrative punishment of party and its agent and the third party and its authorized agents, and investigators in the case.

    13th party means in conformity with the People's Republic of China relevant provisions of the law on administrative punishment, and hearings at the request of citizens, legal persons and other organizations.

    14th and have a stake in the outcome of the case, other citizens, legal persons and other organizations, as a third party to the hearing. 15th Party or the third party may attend the hearing in person or may entrust an agent to participate in the hearing.

    Commissioned agents to participate in a hearing, the hearing shall be held before administrative bodies submitted by the delegate signature or seal of a power of Attorney, express agent permissions.

    16th party or a third party's rights and obligations in the hearing:

    (A) the right to the facts concerning the case, the applicable law and related matters of presentation and representation;

    (B) the right to cross-examine the evidence and new evidence;

    (C) stating the facts of the case and answer any questions the hearing;

    (D) adherence to occupy the disciplinary hearing, subject to hearing the command.

    Chapter III told the hearing, submission and acceptance

    17th administrative organ for hearing procedures in administrative punishment cases, before making a decision of administrative penalty, shall serve on the parties a hearing notice.

    Notice of hearing shall set out the following:

    (A) the name or names of the parties;

    (B) the party illegal and impose administrative penalties on grounds intended, basis and the decision on administrative penalty;

    (C) informing the party concerned has the right to request a hearing;

    (D) the hearing request shall inform the parties of the duration and organization of the hearing organ.

    Notice of the hearing must be stamped with the seals of the executive authorities. 18th party to request a hearing, shall from the date of receipt of the notice of hearing on 3rd, hearing an application made in writing to the Executive.

    Fails to apply for hearing the parties, waived a hearing rights.

    Parties expressly waive our right to hearing, hearing request shall not be again in this case. The 19th and have a stake in the outcome of the case of the third person had asked to participate in a hearing, the hearing should be held prior to administration.

    Whether to approve the decision by an administrative organ.

    20th hearing in accordance with law by the parties to the application, the administrative agency shall organize the hearing.

    Fourth chapter of hearing preparation and holding

    21st administrative organs decided to hold a hearing, shall be specified in time the hearing, determined by the hearing officer hearing the time, place and manner.

    Related materials such as case investigators shall promptly file transfer hearing.

    22nd hearing should be held in the hearing before the 7th, send the notice of hearing to hearing people.

    Notice of hearing shall set out the following:

    (A) the name or names of the parties;

    (B) the time, place and manner of the hearing;

    (C) the name of the presiding hearer, hearing clerk, records clerk;

    (D) informing the party concerned has the right to apply for the withdrawal;

    (E) inform the parties in preparing for evidence.

    Notice of the hearing must be stamped with the seals of the executive authorities.

    23rd the presiding hearer, hearing, record any of the following circumstances, parties have the right to verbally or in writing before the hearing to the administrative authority applying for withdrawal:

    (A) is the investigation officer of the case;

    (B) is a party or close relatives of the investigation officer of the case;

    (C) have a direct stake in the outcome of the case.

    Withdrawal of the presiding hearer, decided by the Executive Heads of; challenge hearings clerk, records clerk, decided by the hearing officer.

    24th involving State secrets, business secrets or personal privacy, the hearing shall be held in public.

    Public hearings, hearing of the administrative organ shall, without delay, time, place, and related matters shall be published. 25th the Parties shall attend the hearing.

    Parties have a legitimate reason to seek to delay the hearing, permit renewal party fails to attend the hearing and did not state reasons in advance of, waived a hearing rights.

    26th hearing in accordance with the following procedures:

    (A) the record read occupy the disciplinary hearing and notice and hearing into rights and obligations;

    (B) the hearing officer announced the hearing of his case, described hearing, hearing clerk and recorder's name, job title, ask and verify the hearing into identity announced the beginning of the hearing;

    (C) the investigators of the case statement the party illegal facts, evidence, recommendations, as well as administrative penalties and punishment;

    (Iv) statements, the parties argued, put forward relevant evidence;

    (E) third party statements, representations, put forward relevant evidence;

    (F) the case investigators cross-examination, debates, parties and third persons;

    (G) the investigators of the case, the parties and the third party to make a final statement;

    (H) the hearing officer announced the end of the hearing.

    27th hearing people licensed by the hearing officer may apply for witness present to testify.

    Testimony of witnesses were unable to come to the meeting, participants in the hearing may submit written testimony of witnesses, and read out on the spot. The 28th record shall be kept of the hearing.

    Record of hearing shall set out the following:

    (A) hearing the case;

    (B) the name or names and addresses of the participants in the hearing;

    (C) the hearing officer, hearings, record your name, job title;

    (D) the time, place and manner of the hearing;

    (E) presented by the investigators of the case concerned illegal facts and evidence put forward recommendations, as well as administrative penalties and punishment;

    (F) the parties, third party statements, representations, content to present relevant evidence;

    (G) mutual confrontation, debate;

    (H) the final statement;

    (IX) other matters set forth. 29th hearing after participants in the hearing checked, the record shall be signed or sealed.

    Record the part on witness testimony, it shall refer the checked spot after a witness signature or seal.

    Participants in the hearing and witness refuses to sign or seal, the recorders indicate in the record of hearing. After the end of the 30th hearing, presided over the hearing in the hearing shall be in accordance with the situation, reporting to the Executive Director in writing a hearing and offer views of the case.

    Executive heads according to hearing and hearing and make a decision on whether to impose administrative penalties in accordance with law.

    The 31st under any of the following circumstances, suspension of hearing:

    (A) death or dissolution of the party, you need to determine the rights and obligations of heirs;

    (B) the party or the investigators of the case due to causes of force majeure and cannot attend the hearing;

    (C) other situations that require suspension hearing.

    Suspended the hearing after elimination of the reasons, the hearing officer shall restore the hearing.

    32nd under any of the following circumstances, termination hearing:

    (A) death or dissolution of the party after the expiration of 3 months, does not determine the rights and obligations of heirs;

    (B) parties without justifiable reasons, did not attend the hearing or without exiting the hearing;

    (C) other circumstances that require hearing.

    33rd hearing of administrative organs shall guarantee the funding required to provide hearing facilities, equipment and other facilities.

    Executive hearing shall not collect any fees from the parties.

    The fifth chapter supplementary articles 34th article of the regulations come into force on November 1, 2011.

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