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Shaanxi Province, Interim Measures For The Implementation Of The Administrative License Hearings

Original Language Title: 陕西省实施行政许可听证暂行办法

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(Act No. 107 of the People's Government Order No. 107 of 24 November 2005 on 1 January 2006)

Article 1, in order to enhance the openness, impartiality and fairness of the administrative licence hearings, preserve the legitimate rights and interests of citizens, legal persons and other organizations, develop this approach in conjunction with the National People's Republic of China's administrative licence law.
Article 2 The law, legislation and regulations provide otherwise, from their provisions.
Article 3. The executive body shall organize hearings before making the following administrative licence decisions:
(i) Major urban planning, construction and management matters;
(ii) Significant matters in urban infrastructure construction, such as municipalities;
(iii) Significant matters in the social cause of science and technology, education, culture, health and sports;
(iv) Major social security and welfare matters;
(v) Other important matters relating to public interest;
(vi) The enforcement of administrative licences shall be heard by law, regulations, regulations and regulations.
Article IV deals directly with the administrative licence of the applicant's major interest with others, and is informed that the applicant for the administrative licence of the right to the hearing, the owner of the dispute shall organize hearings within the statutory period.
The application of administrative licence hearings should be guided by the principles of legality, impartiality, objectivity and efficiency.
In addition to national secrets, commercial secrets or personal privacy, hearings should be held in public.
Article 6 In accordance with the law, decisions on administrative licences should be reviewed by more than two executive organs, and the executive body ultimately decides to organize hearings.
The executive body entrusted with implementing administrative licences shall organize hearings in the name of the commissioning authority.
Article 7. The executive body shall organize hearings on administrative licensor matters under Article 3 of this scheme, and shall communicate the time, place, content and options for hearing participants by 20 hearings.
The applicant and the other social public who provided for the hearing of the administrative licence matter shall submit a written application to the executive branch. The executive body should select the social public to participate in the hearings in different areas, at different age levels and in the knowledge structure.
Article 8. The applicant for an administrative licence and the stakeholder shall request a hearing on the administrative licence matters set out in article IV of this scheme, and shall submit a written application to the executive branch within 5 days of the date of the right to be heard. The executive body shall organize hearings within 20 days of the receipt of the request for hearing. The late submission of written requests was seen as a waiver of hearings.
When the number of applicants and stakeholders is higher, the executive branch may select the representatives of the persons who are the victims of the relationship to the hearing by drawing lots. The selection process should be open and fair.
Article 9. The executive body shall notify, in writing, the applicant of the administrative licence and the owner of his or her interest in the hearing before the hearing is held. Written notices cannot be delivered and can be delivered. The notice of the hearing shall contain the following matters:
(i) Time, place and content of hearings;
(ii) The name or name of the applicant, the owner;
(iii) The name, unit and office of the moderator;
(iv) Legal consequences of hearings in absentia;
(v) Other matters to be documented.
Article 10. Hearings include, inter alia:
(i) The moderator and the hearing certificate holder;
(ii) The author of the hearing, including the staff reviewing the administrative licence, the applicant for an administrative licence participating in the hearings, the owner;
(iii) Witnesses, experts, translators etc.
The moderator shall meet the following conditions:
(i) Staff of the hearing bodies;
(ii) Training in legal knowledge;
(iii) Acquainted with the provisions of the hearings, with a certain organizational capacity to be competent to the work of the facilitators;
(iv) The conduct of administrative licence reviews in administrative organs or the conduct of the rule of law for more than three years;
(v) Other conditions under the law, regulations.
Article 12. The moderator shall be appointed by the head of the executive branch, but the staff reviewing the application for administrative licence shall not serve as the moderator. The licensor was determined by the moderator. In accordance with the hearings, the heads of administrative bodies may also assign one to two staff members to assist the hearing facilitators.
The facilitators of the hearing have a direct stake in the matter of hearings and should be given the initiative to apply for a waiver; an administrative licensor, the facilitators of the hearing are of the opinion that there is a direct stake in the administrative licence of the hearing.
Article 14. The moderator shall exercise the following functions under the law:
(i) Determining the duration, location, composition and number of participants holding hearings;
(ii) A letter of hearing;
(iii) Be impartial, comprehensive and objectively heard the views of the author;
(iv) Maintenance of a hearing order to put an end to violations of the senshrines;
(v) Decides to extend, suspend or terminate hearings;
(vi) Other responsibilities for the hearing.
Article 15
(i) A notice of hearing;
(ii) Authorize the agent to participate in the hearings;
(iii) To apply for the evasion of the facilitators and the licensor;
(iv) Presentations, presentation of evidence and evidence;
(v) Upon the permission of the hearing facilitators, query the administrative licensor;
(vi) A copy of the hearing material is available on the hearing file;
(vii) Other rights under the law, regulations.
Article 16 shall be subject to hearing disciplines, such as information on evidence, confidentiality and the protection of personal privacy.
Article 17: The applicant for administrative licence, the owner, shall be entrusted to the agent for the hearing and shall submit a letter of authorization to the administrative organ that organizes the hearings.
Prior to the commencement of the hearings, the moderator shall present his name, unit, place of office, collate the identity of other participants, confirm whether the applicant for administrative licences, the owner of the dispute shall apply to the facilitators of the hearing, the licensor.
An administrative licensor or a licensor shall apply for the avoidance of the hearing by the moderator, who shall declare a suspension of the hearing and shall report to the head of the administrative organ responsible for organizing the hearings; and apply for a waiver by the facilitators.
Article 19: The hearing is conducted in accordance with the following procedure:
(i) The moderator reads the hearing disciplinary;
(ii) A review of the evidence, grounds and administrative licence review recommendations made by staff reviewing the administrative licence;
(iii) The applicant for an administrative licence and the stakeholder to make a presentation on the administrative licence application and to provide evidence, justification;
(iv) The author's defence of the grounds and legal application of the administrative licence application and the evidence provided by other participants;
(v) A final presentation by the author;
(vi) The closing of the hearing by the moderator.
The hearing should be produced. The hearings should be fully, objective and factually recorded in all the activities of the hearings.
The hearings should contain the following:
(i) Administrative licence matters and content;
(ii) The name or name, place of the participant;
(iii) Time, place and manner of hearings;
(iv) Presentations by the parties and the defence;
(v) The content of the evidence survey;
(vi) Notes on extension, suspension and termination;
(vii) Other important elements required.
At the end of the hearings, the hearings should be delivered to the author to confirm the non-renewable signature or to the name. The author of the hearing shall, without justification, reject the signature or chapter of the communication or shall indicate the circumstances in the hearings.
After the hearing, the moderator shall produce a hearing report and accompany the hearings to the executive heads.
The hearings should contain the following:
(i) The basic situation of the hearings;
(ii) Hearing the key views of the witness party;
(iii) Difference of views on hearings;
(iv) The moderator's recommendations on the treatment of the hearings.
Article 2 shall be subject to an administrative licence decision based on hearings.
Administrative licensor applicants, stakeholders may apply for administrative review or administrative proceedings in accordance with the law.
In one of the following cases, hearings can be postponed:
(i) The hearing cannot be held in due course owing to force majeure;
(ii) The author has the grounds for requesting the extension;
(iii) Other circumstances that could be extended.
In the case of the extension hearings, the executive body shall notify the participants in writing.
Following the disappearance of the extension hearings, the executive branch shall hold hearings within 5 days and inform the participants in writing.
In one of the following cases, hearings may be suspended:
(i) In the course of hearings, the author's new facts, rationales and evidence to be verified;
(ii) The failure to continue to participate in the hearings due to force majeure;
(iii) Other hearings should be suspended.
The suspension of the hearings should explain the reasons for the administration. Following the suspension of the hearings, the executive branch shall resume the hearings within 5 days and notify the participants in writing.
Article 25 states that:
(i) The applicant of the administrative licence withdrew the request for hearing or declared the withdrawal during the hearings;
(ii) The applicant of an administrative licence has no reasonable grounds or has been allowed by the hearing facilitators;
(iii) The right to apply for the death of citizens who have been heard, without the successor or the successor to waive the right to the hearing;
(iv) The right of a legal person or other organization entitled to apply for a hearing to terminate the right of a legal person or organization to waive the right to a hearing;
(v) Other circumstances requiring the cessation of hearings.
To put an end to the hearings, the executive body shall notify the participants in writing.
Following the closure of the hearings, the executive branch shall make administrative licence decisions in accordance with the law.
Article 26 The applicant for administrative licence and the owner do not assume the cost of organizing hearings by the executive branch, but the costs incurred in the hearings are self-sustainable.
Article 27, in accordance with article 53 of the National People's Republic of China's Administrative Licence Act, shall be implemented in accordance with the relevant provisions by making administrative licence decisions through fair competition, such as tendering, auctions, etc.
Article 28, in violation of this approach by the executive branch and its staff, has no administrative licence decision based on hearings, which may be revoked by the executive branch on the request of the administrative licensor, the owner or by virtue of its mandate. The executive branch shall be compensated by law for the damage caused by the withdrawal of administrative licences to the legitimate rights and interests of the licensee.
Article 29, in violation of the National People's Republic of China's Administrative Accreditation Act and this approach, has not been communicated to the administrative licensor, the jurists to fulfil their statutory obligations or to hold hearings in accordance with the law, by their superior administrative organs or by the inspection authority; in serious circumstances, the administrative disposition of the directly responsible supervisors and other direct responsibilities is granted by law.
Article 33