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Shanxi Province, Implementation Of The Administrative License Hearings Approach

Original Language Title: 山西省实施行政许可听证办法

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(Summit No. 53 of 14 July 2005 of the People's Government of San Sussi Province considered the adoption of the Decree No. 180 of 15 July 2005 of the People's Government Order No. 180 of 15 July 2005 on 1 September 2005)

Article I, in order to regulate administrative licences and protect the legitimate rights and interests of citizens, legal persons and other organizations, establishes this approach in the light of the National People's Republic of China's administrative licence law (hereinafter referred to as the administrative licence law) and other relevant legal, regulatory provisions.
Article 2
Article 3. The administrative licence relates to one of the following matters, and the administrative licensor shall organize hearings prior to the decision on administrative licences:
(i) Legal, regulatory and regulatory provisions stipulating that administrative licences should be heard;
(ii) Other important administrative licence matters that the administrative licence authority considers to require hearing;
(iii) Directly relate to the significant interest relations between the applicant and others, and the applicant, the stakeholder raises administrative licences for the request for hearing.
Article IV hearings are organized by the executive authority that is to make administrative licence decisions.
Two or more administrative licensor decisions should be taken jointly by the law and the administrative licensor competent to make administrative licence decisions.
In accordance with the law, more than two levels of administrative licensor shall review the administrative licence and organize hearings by administrative licensors that ultimately make administrative licence decisions.
The rule of law institutions of the organization of hearings are the body of the organization of hearings and are responsible for the organization of the hearings.
Article 5 Implementation of administrative licence hearings should be guided by the principles of openness, equity, justice, the efficiency and guarantees of the legitimate rights and interests of the parties.
In addition to national secrets, commercial secrets or personal privacy, hearings should be held in public.
Article 6. The system of communication, evasion is in place to guarantee the applicant's representation and voice in accordance with the law.
Article 7. Governments of more people at the district level should strengthen monitoring and guidance on hearings and correct in a timely manner violations or misconduct in the implementation of the hearings process. Specific work is the responsibility of the Government's rule of law institutions.
Article 8 Participants included hearing facilitators, recorders, administrative licensor reviewers, administrative licensors and their agents, stakeholders and their agents.
Article 9
(i) Staff of the hearing bodies;
(ii) Acquainted with the provisions of the hearings, with a certain organizational capacity to be competent to the work of the facilitators;
(iii) To have more than one year of education in higher education institutions and to engage in administrative licence reviews;
(iv) Other conditions set forth in laws, regulations and regulations.
Article 10
(i) The time, place and manner for the holding of hearings;
(ii) To verify the identity and competence of the hearing participants and their commissioners;
(iii) Hearing the presentation of the administrative licensor and the administrative licensor, the owner;
(iv) Inquiries about the views and evidence provided by the relevant personnel;
(v) To require the hearing to provide or supplement evidence;
(vi) Decides to suspend or extend hearings;
(vii) Maintenance of the hearing order;
(viii) Other functions to be exercised by the moderator.
Article 11. The moderator shall, in one of the following cases, be subjected to self-evasion; the applicant for administrative licences and the owner shall be entitled to apply for the avoidance of:
(i) The applicant, the owner or his or her agent are close relatives;
(ii) Be directly related to this administrative licence;
(iii) Other relationships with administrative licensor applicants and stakeholders may affect the fair presidence of hearings.
The preceding paragraph applies to the records, the identification, the surveyor, the administrative licensor and other hearing staff.
The evasion of the hearing moderator is determined by the executive head. Resistance of other personnel is determined by the hearing facilitators.
Article 12
(i) To request or abandon the hearing;
(ii) Authorizes one to two agents to attend hearings;
(iii) To apply for the evasion of the hearing facilitators, the recorder and the administrative licensor;
(iv) A copy of the hearing material is available for the hearing;
(v) Presentations, presentation of evidence and evidence;
(vi) Upon the permission of the hearing facilitators, query the administrative licensor;
(vii) Other rights under the law, regulations.
Article 13 The applicant for an administrative licence and the stakeholder shall entrust his or her representative with the hearing to the executive licensor of the organization of the hearings to submit a letter of authorization to the author's signature or chapter.
Article 14. The executive licensor shall notify the society of the matters, time, place, and place of the hearings, in the form of a notice, until the administrative licence decision set out in Article 3, subparagraphs (i), (ii) of this scheme is taken into account.
Prior to the administrative licence decision under Article 3, paragraph (c), of this approach, the executive licensor shall communicate to the applicant a letter of hearing by seven days of the hearing and inform the stakeholder of the right to request a hearing. The applicant, the stakeholder shall submit a request for hearing in writing to the executive licensor within five days of the date of the notification of the right to hearing. The executive licensor shall organize hearings within 20 days of the date of receipt of administrative licence requests.
Article 15. The following matters shall be included in the letter of hearing:
(i) The name, name and name of the applicant or the person of the person;
(ii) Date and place of hearings;
(iii) The name, unit and office of the moderator;
(iv) The main elements of an administrative licence decision to be taken;
(v) Other matters to be documented.
Article 16 has a large number of administrative licensor applicants and stakeholders, who are represented by the stakeholder, who are difficult to give rise, and the executive licensor may determine, in a fair and open manner, the applicant's representative and the owner. The list of designated representatives shall be made public to other administrative licensors and stakeholders.
The hearing shall be conducted in accordance with the following procedures:
(i) The moderator's announcement that the hearings are subject to and disciplinary proceedings;
(ii) The moderator shall check the identity of the witness participant;
(iii) Review of the recommendations of the review of views and related evidence, grounds and administrative licence review for the application of the hearing procedure;
(iv) Presentations, pleas and evidence by the applicant, the owner;
(v) The hearing of the facilitators to question the views and evidence of the persons concerned;
(vi) Review of the final presentation of the staff, the applicant and the owner of the application for administrative licence;
(vii) The closing of the hearing by the moderator.
The hearings should be produced and the hearings should be fully, objectively and realistically recorded. The hearings should contain the following:
(i) Administrative licence application;
(ii) The name of the moderator;
(iii) The name and place of the witness record;
(iv) The name or name, address of the participant;
(v) The time, place and manner of the hearings;
(vi) Evidence, grounds and administrative licence review recommendations for the application of the hearing procedure by administrative licensor for review;
(vii) Presentations by the applicant, the person of the person concerned and the defence;
(viii) The content of the evidence by the witness participant;
(ix) Acknowledgement of the participant's signature or chapter. The hearing licensor rejects the signature or chapter, and the hearing is made by the moderator;
(x) The moderator considers other matters to be set.
The moderator shall be apprised of the hearings and, in accordance with the hearings, produce the hearing report. In five days after the hearing, the presiding officer shall send the hearing report together with the hearings to the executive licensor.
The executive licensor shall make an administrative licence decision based on the hearings.
Article 20 states that:
(i) The hearing of the participant cannot continue to participate in the hearings for reasons of irrevocability;
(ii) In the course of the hearings, the evidence will need to be re-examined or validated;
(iii) Other cases requiring suspension of hearings.
Article 21, in one of the following cases, may extend the hearings:
(i) The applicant, the stakeholder, for a temporary request for a waiver;
(ii) The hearing of the participant cannot be accessed for reasons of irrevocability;
(iii) Other needs for extensions.
Article 22 states that:
(i) The applicant and the stakeholder withdrew the request for hearing;
(ii) After the transfer of the notice of the hearing, the applicant, the holder of the relationship shall not participate in the hearing without justification;
(iii) Other needs to put an end to the hearings.
Article 23, the executive branch and its staff, in violation of the provisions of the Administrative Accreditation Act and this approach, have not been informed by the applicant, the jurists of their legal obligations to the hearings, or shall be held in accordance with the law, by their superior administrative organs or by the inspection authority, and, in exceptional circumstances, by administrative disposition of the directly responsible supervisors and other persons directly responsible.
The cost of organizing hearings should be borne by the executive branch and the requirements should be included in the budget of the executive branch and secured by the current level of finance.
Article 25