Guizhou Province, Administrative Reconsideration Hearing Requirements

Original Language Title: 贵州省行政复议听证规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(On February 18, 2008 Guizhou Province Government 2nd times Executive Conference considered through on March 20, 2008 Guizhou Province Government makes 105th, announced since on July 1, 2008 up purposes) first article to specification administrative reconsideration hearing activities, law, and public, and just trial administrative reconsideration case, maintenance citizens, and corporate and other organization of lawful rights and interests of, according to People's Republic of China administrative reconsideration method, and People's Republic of China administrative reconsideration method implementation Ordinance and Guizhou province administrative reconsideration Ordinance
    Provisions, combined with the facts of the province, these provisions are formulated.
    Second administrative review hearing in these rules refers to the administrative reconsideration organ in the adjudication of administrative review cases, in order to identify the facts of the case, organization party was made by the applicant in accordance with the specific administrative act of procedure, evidence and the basis for statements, evidence, cross-examination and debate activities.
    Third administrative review to the administrative body for reconsideration of the applicant for administrative reconsideration hearing applications or administrative reconsideration institutions when deemed necessary, decided to hold hearings of administrative reconsideration, these provisions shall apply.
    Fourth administrative review cases before the administrative reconsideration organ specific administrative review bodies responsible for organizing the administrative review hearing.
    Administrative reconsideration institutions administrative review hearing held shall not entrust other institutions or organizations.
    The fifth administrative review hearing officer in these rules refers to administrative reconsideration institutions responsible for administrative reconsideration of administrative reconsideration hearings officer.
    The administrative review hearing in these rules, and is responsible for organizing, directing the administrative review hearing and administrative reconsideration hearing officers presiding over hearings.
    Administrative reconsideration of the parties mentioned in these regulations refers to the applicant, the respondent and the third party of administrative reconsideration.
    Administrative reconsideration hearing participants in these rules includes parties and their representatives, witnesses, interpreters, and inspection personnel, judges and other persons associated with the administrative review hearing.
    Sixth administrative review hearing should follow the law, the principle of open and fair.
    In addition to involve State secrets, business secrets or personal privacy, administrative reconsideration hearing should be held in public.
    Avoidance system in the administrative review hearing to implement and safeguard party statement, administrative reconsideration of proof, the right to cross-examine and debate.
    VII article has following case one of of administrative reconsideration case can held administrative reconsideration hearing: (a) involved number many or groups interests of; (ii) has involved Hong Kong, and o, and Taiwan or foreign factors of; (three) social effect larger of; (four) involved major administrative punishment of; (five) case facts and legal relationship complex of; (six) other legal, and regulations provides need held administrative reconsideration hearing of.
    VIII article applicants in to administrative reconsideration organ submitted administrative reconsideration application of day up 15th within can to administrative reconsideration institutions proposed administrative reconsideration hearing application, administrative reconsideration institutions should in received application of day up 5 a days within for review, on meet this provides applies administrative reconsideration hearing case of, decided held administrative reconsideration hearing; on not meet applies administrative reconsideration hearing of case, decided not held administrative reconsideration hearing of, should description reason, and written told applicants.
    Administrative reconsideration institutions admissibility hearing cases of administrative review cases in accordance with the applicable administrative reconsideration, after the administrative reconsideration cases, decided to hold administrative review before making an administrative review hearing.
    Nineth administrative reconsideration institutions decided to hold hearings of administrative reconsideration, administrative reconsideration hearing should be held for 5 working days before the hearing of administrative reconsideration is served notice of the administrative review hearing.
    Tenth Article administrative reconsideration hearing notice should contains Ming following main matters: (a) case; (ii) administrative reconsideration hearing participate in people of name or name; (three) administrative reconsideration hearing personnel, and records personnel of name; (four) held administrative reconsideration hearing of time, and locations; (five) administrative reconsideration party of right, and obligations; (six) other about matters.
    11th administrative reconsideration institutions administrative review hearing, shall designate qualified officers for 2 to 3 persons with administrative reconsideration as the administrative review hearing officer, specify 1 as the administrative review hearing officer to preside over the administrative review hearing.
    Administrative reconsideration specified record specific hearing records and other relevant Affairs.
    12th article administrative reconsideration party in administrative reconsideration hearing activities in the enjoys following right: (a) think administrative reconsideration hearing personnel, and records personnel, and translation personnel, and inspection personnel, and identification personnel has this provides 14th article by column case one of of, can application its avoided; (ii) applicants, and third people can delegate agent participate in administrative reconsideration hearing activities; (three) exercise statement, and proof, and quality card and debate right; (four) check administrative reconsideration hearing record.
    13th article administrative reconsideration party in administrative reconsideration hearing activities in the bear following obligations: (a) on time arrived specified locations participate in administrative reconsideration hearing; (ii) comply with administrative reconsideration hearing discipline; (three) truthfully answered administrative reconsideration hearing personnel and other participate in people of problem; (four) truthfully statement administrative reconsideration case facts; (five) issued of related evidence, and according to and about material must objective real; (six) delegate agent of, should issued authorized Attorney, clear delegate matters and permission.
    14th administrative reconsideration hearings of the any of the following circumstances shall voluntarily withdraw, parties also have the right to apply for his withdrawal of administrative review: (a) is the case of the administrative review applicants, third parties and their close relatives of the principal-agent, (ii) with a stake in the outcome of this case and (iii) have other relations with this case, which may affect the impartial handling of the cases.
    Records staff, interpreters, and inspection personnel, members of the preceding paragraph shall apply provisions.
    15th disqualification of Parties applying for administrative reconsideration, notice of institution of administrative review the administrative review hearing after the administrative review hearing before the administrative reconsideration application and justification; party oral withdrawal application administrative review, personnel records by record volumes.
    Administrative review hearing, records personnel, interpreters, inspection personnel, members of avoiding, decided by the heads of administrative reconsideration institutions; administrative reconsideration, administrative reconsideration bodies hearing officers, his withdrawal decided by the administrative reconsideration organ in charge.
    Administrative reconsideration or administrative reconsideration does not approve withdrawal, should be no grounds for approval responses on administrative reconsideration on the party. 16th article administrative reconsideration hearing by following steps for: (a) administrative reconsideration hearing personnel verified administrative reconsideration hearing participate in people identity; review administrative reconsideration hearing agent of agent permission; announced administrative reconsideration hearing discipline; told administrative reconsideration party of right and obligations; asked administrative reconsideration party whether application avoided,, announced administrative reconsideration hearing began; (ii) applicants statement administrative reconsideration requests and reason; (three) was applicants statement made specific administrative behavior of program, and evidence, and
    According to or not as of evidence, and according to; (four) third people statement views and reason; (five) administrative reconsideration party in administrative reconsideration hearing personnel of presided over Xia, on administrative dispute of facts for proof, and quality card, and debate, and certification; (six) administrative reconsideration hearing personnel on administrative dispute of focus problem for asked; (seven) by administrative reconsideration hearing personnel agreed, administrative reconsideration party each other asked, and defence, and description, also can on witnesses, and inspection personnel, and identification personnel questions;
    (H) to comply with the statutory mediation cases of administrative review cases, organized by the administrative review hearing officer on administrative reconsideration, mediation parties; (IX) administrative review hearing officer declare the hearings closed; (x) participants in the hearing check on administrative reconsideration of administrative reconsideration hearing.
    Administrative reconsideration cases specialized administrative review hearing matters, provisions of the preceding paragraph shall apply.
    17th record all activities of personnel administrative reconsideration hearing should be recorded.
    Administrative reconsideration hearing record should contains Ming following matters: (a) administrative reconsideration hearing participate in people of name, and address or name, and address; (ii) administrative reconsideration hearing personnel, and records personnel of name; (three) held administrative reconsideration hearing of time, and locations; (four) case; (five) applicants and agent people proposed of administrative reconsideration requests and reason; (six) was applicants statement its made specific administrative behavior of program, and evidence and according to; (seven) third people and agent statement of views and reason;
    (H) the administrative review hearing summarizing and inducing the focus of administrative dispute; (IX) administrative reconsideration, administrative dispute the fact that the parties are evidence, cross-examination, debates, certified content. Administrative review hearing is over, record personnel administrative reconsideration hearing should be referred to the administrative review hearing participants on the spot check and sign or seal. Administrative review hearing people think there are errors or omissions through administrative review hearing officer, may be modified or supplemented.
    Participants in the administrative review hearing refuses to sign or seal, the recorder should be recorded on the volume.
    Administrative review hearing officer, records personnel shall sign the administrative review hearing, the administrative review hearing shall be attached to the volume archived.
    18th administrative reconsideration hearing transcripts, as well as through administrative reconsideration hearing's findings of fact should be regarded as an administrative review body evidence of administrative reconsideration cases.
    19th administrative reconsideration hearing participants due to force majeure or other legitimate reasons cannot attend the administrative review hearing, should be held in the administrative review hearing of 3 working days in advance in writing or appropriate means to inform the administrative reconsideration institutions agreed by the administrative reconsideration, administrative review hearing may be postponed. The 20th applicant withdraws the application for administrative reconsideration hearing should be 3 working days before the hearing in administrative reconsideration shall inform the administrative reconsideration. Applicants without good reason refused to attend the hearing, after hearing began late or withdrew from the hearings without cause, waived reconsideration hearing.
    Give up the administrative review hearing by the applicant, shall not request administrative review hearing.
    The preceding paragraph, the administrative review hearing whether to proceed with, decided by the administrative reconsideration.
    The respondent refused to participate in the administrative review hearing without good reason, it shall bear the consequences and the administrative reconsideration bodies could make recommendations to the relevant authorities in accordance with law.
    21st article in administrative reconsideration hearing in the, administrative reconsideration hearing participate in people should comply with following discipline: (a) obey administrative reconsideration hearing personnel of command; (ii) shall not recording, and video and photography; (three) shall not free walking; (four) without administrative reconsideration hearing personnel agreed, shall not statement, and questions; (five) shall not on administrative reconsideration hearing participate in people for accused and personal attack; (six) shall not loud noise, and give rise to or implementation other prejudice administrative reconsideration hearing activities of behavior.
    22nd administrative reconsideration of participants in the hearing violated the administrative review hearing disciplinary, administrative reconsideration hearing officers may be warned seriously disrupt the order of the administrative review hearing, administrative reconsideration hearing no, administrative reconsideration, hearing officers have the authority to terminate the administrative reconsideration hearing, administrative reconsideration bodies may, in accordance with the relevant provisions of recommendation relevant organs shall be investigated for criminal responsibility.
    23rd administrative reconsideration institutions requirements for administrative reconsideration hearing should be guaranteed by the financial, to the administrative review the Parties shall not collect any fees.
    24th article of the regulations come into force on July 1, 2008.