Article 1 These Measures are formulated in accordance with the Administrative Licensing Law of People's Republic of China (PRC) (hereinafter referred to as the "Administrative Licensing Law") and other laws and regulations in order to standardize the hearing behavior in the implementation of administrative licensing, protect the legitimate rights and interests of citizens, legal persons and other organizations, and ensure and supervise the effective implementation of administrative licensing by administrative organs.
Article 2 The hearing of administrative license mentioned in these Measures (hereinafter referred to as the hearing) refers to the activities that the administrative organ listens to the opinions of the applicant and interested parties through the hearing before making a decision on administrative license in accordance with the relevant provisions of the Administrative License Law.
Article 3 The hearing shall follow the principles of openness, fairness, impartiality and convenience for the people, fully listen to the opinions of the applicant and interested parties, and safeguard their rights of statement and defense.
Except those involving state secrets, commercial secrets or personal privacy, the hearing shall be held in public, and the public may consult the transcripts of the hearing.
Article 4 These Measures shall apply to the hearing organized by the administrative organ with administrative licensing right within the administrative region of this province and the administrative organ entrusted with the implementation of administrative licensing in accordance with laws, regulations and rules.
The provisions of these Measures shall apply to organizations authorized by laws and regulations to implement administrative licenses and have the functions of managing public affairs and organizing hearings.
Fifth people's governments at or above the county level shall strengthen the supervision and guidance of the hearing activities, and promptly correct the illegal or improper behavior in the hearing procedure. The specific work is the responsibility of the legal institution of the government at the corresponding level.
Article 6 For the following administrative licensing matters, the administrative organ shall organize a hearing before making a decision on administrative licensing:
(a) the provisions of laws, regulations and rules of the implementation of administrative licensing matters should be heard;
(2) Major administrative licensing matters involving public interests that the administrative organ deems necessary;
(3) The applicant or interested party who has been informed of the right to a hearing in accordance with the law has filed an application for a hearing within the statutory time limit for matters directly involving major interests between the applicant and others.
The administrative license specified in Item (3) of the preceding paragraph directly involves the significant interests between the applicant and others:
(a) a limited number of people apply for administrative licenses at the same time, which can not meet the requirements of all applicants (except for administrative licenses obtained through fair competition such as bidding and auction);
(two) the granting of administrative license to the applicant is directly related to the vital interests of the adjacent obligee;
(three) the market access of a specific industry directly related to the public interest, and the administrative license granted to the applicant is directly related to the major economic interests of other operators in the same industry;
(four) other major interests directly related to the applicant and others.
Article 7 The administrative organ shall report the catalogue of administrative licensing items specified in Items (1) and (2) of Paragraph 1 of Article 6 to the people's government at the same level and the competent department at the next higher level for the record, and make an announcement to the public.
Article 8 The hearing shall be organized by the administrative organ that implements the administrative license, and its legal institution shall be responsible for it.
The administrative organ entrusted with the implementation of administrative license shall organize a hearing in the name of the entrusting organ.
Article 9 An administrative licensing hearing that should be decided by two or more administrative organs according to law shall be organized by the administrative organ determined by the people's government at the corresponding level, or by the people's government at the corresponding level to organize relevant departments to hold it.
According to the law, the administrative licensing hearing that should be reviewed by the lower administrative organ and reported to the higher administrative organ for decision shall be organized by the higher administrative organ that made the decision.
Tenth participants in the hearing include:
(a) hearing staff, including the hearing host, recorder, etc. The presiding hearer shall be designated by the person in charge of the administrative organ, but the staff who examine the application for administrative license shall not act as the presiding hearer, and the recorder shall be designated by the presiding hearer.
(two) the parties to the hearing, including the staff who review the application for administrative license, the applicant who participated in the hearing and the interested parties. The applicant and interested parties may entrust 1-2 agent to participate in the hearing. Where an agent participates in the hearing, a power of attorney signed or sealed by the client shall be submitted. The power of attorney shall specify the entrusted matters and authority.
(3) Hearing professionals, including translators, appraisers, inquests and other professionals. The administrative organ may, if necessary, invite translators, appraisers, inspectors and other professionals to participate in the hearing. Applicants and interested parties may request that translators, appraisers, inspectors and other professionals be arranged to attend the meeting as nonvoting delegates, and whether or not to grant permission shall be decided by the presiding hearer.
Article 11 The presiding hearer shall meet the following conditions:
(a) is the staff of the administrative organ that organizes the hearing;
(2) Having received corresponding legal knowledge training;
(three) familiar with the provisions of the hearing, have certain organizational skills, and be competent for the work of the hearing host;
(four) engaged in legal work in administrative organs for more than 3 years or engaged in administrative law enforcement for more than 6 years;
(5) Other conditions stipulated by laws and regulations.
Article 12 The presiding hearer shall perform the following duties:
(a) to preside over the hearing in accordance with the procedures, and to determine the order and time of speaking fairly and reasonably;
(two) to decide whether the witness will attend the testimony;
(three) to accept and review the relevant evidence, and to require the parties to the hearing and the hearing professionals to provide or supplement the evidence when necessary;
(4) Deciding to postpone, suspend or terminate the hearing according to law;
(five) to maintain the order of the hearing, to stop and correct violations of the hearing discipline;
(six) review the transcripts of the hearing, and make a hearing report according to the transcripts of the hearing;
(seven) other duties as prescribed by laws, regulations and rules.
Thirteenth hearing host shall bear the following obligations in the hearing activities:
(a) to preside over the hearing fairly, listen to the statements and opinions of the parties to the hearing comprehensively and objectively, and ensure that the parties to the hearing exercise their rights to make statements, defend themselves and cross-examine;
(two) in accordance with the provisions of these measures, should take the initiative to avoid;
(3) Keeping state secrets, business secrets or personal privacy involved in the hearing case.
The recorder shall truthfully record the hearing and bear the obligations stipulated in items (2) and (3) of the preceding paragraph.
Article 14 The presiding hearer, recorder, translator, expert witness, inspector and other professionals shall recuse themselves under any of the following circumstances, and the applicant and interested parties have the right to apply for their recusal:
(1) Examiners of administrative licensing applications and their close relatives;
(2) Being a close relative of the applicant, interested party or his agent;
(3) Having a direct interest in administrative licensing matters;
(4) Having other relations with the applicant, interested parties or their agents, which may affect the fairness of the hearing.
The withdrawal of the presiding hearer shall be decided by the person in charge of the administrative organ, and the withdrawal of other personnel shall be decided by the presiding hearer.
Fifteenth applicants and interested parties shall enjoy the following rights:
(a) Request or waive the hearing;
(2) 1-2 may entrust an agent to attend the hearing;
(3) If the presiding hearer, recorder, translator, expert witness, inspector or other professionals are considered to have the withdrawal situation stipulated in these Measures, they may apply for withdrawal;
(four) to defend and cross-examine the opinions, evidence and reasons provided by the staff who review the application for administrative license, and may present new evidence;
(five) to review the transcripts of the hearing and think that there are omissions or errors in their statements, and have the right to apply for correction;
(six) to consult the files related to the hearing and obtain a copy of the hearing materials;
(seven) other rights stipulated by laws, regulations and rules.
Sixteenth parties to a hearing shall bear the following obligations in the hearing activities:
(a) to attend the hearing at the designated place on time;
(two) truthfully state and provide evidence, answer the questions of the hearing host;
(3) Abide by the hearing discipline;
(4) Keeping state secrets, business secrets or personal privacy involved in the hearing case;
(five) if the applicant or interested party entrusts an agent to participate in the hearing, it shall issue a power of attorney to clarify the entrusted matters and authority.
Article 17 If the number of applicants or interested parties exceeds 10, representatives may be elected to participate in the hearing. If it is difficult to elect, the administrative organ may negotiate with the relevant applicants and interested parties to determine the representatives. If negotiation fails, it can be decided by drawing lots.
The number of representatives of one party is generally not more than five, and the administrative organ may appropriately increase it when it deems it necessary.
Eighteenth administrative organs shall establish and improve the system of hearing announcement, hearing notice, hearing application acceptance, hearing notice and hearing materials management. The demonstration text of the hearing system and the application for hearing shall be publicized in the office.
Nineteenth administrative organs in the implementation of laws, regulations, rules and regulations should be heard in the administrative licensing matters, or in the implementation of organs that need to hear the major administrative licensing matters involving public interests, it should be announced to the public.
The announcement shall specify the administrative licensing matters to be heard, the administrative organ that organizes the hearing, the contact person and contact information, the registration method for interested parties to participate in the hearing, the deadline for registration, and the way to determine the representative.
The announcement period shall not be less than 20 days. During the announcement period, if the interested parties sign up for the hearing, the administrative organ shall organize the hearing within 20 days from the date of expiration of the announcement. Upon the expiration of the announcement, if no interested party signs up for the hearing, the administrative organ shall indicate in the case file that no hearing will be held.
Twentieth administrative organs of administrative licensing matters directly related to the vital interests between the applicant and others, before making a decision on administrative licensing, shall make a notice of hearing.
The notice of hearing shall specify the application for administrative license to be heard, the hearing rights enjoyed by the applicant and interested parties, the time limit for filing the application for hearing, the contact person and contact information of the administrative organ, etc.
The notice of hearing shall be served directly on the applicant and interested parties. If direct delivery is difficult, the relevant administrative organ or organization may be entrusted to serve it on its behalf or by mail. If the interested party cannot be directly determined, the administrative organ shall serve it and determine it by announcement.
If the applicant or interested party requests a hearing, it shall submit a written application within 5 days from the date of receiving the notice of hearing or within 20 days from the date of announcement. If it is not submitted within the time limit, it shall be deemed as a waiver of the right to hearing.
If the applicant or interested party applies for a hearing, the administrative organ shall organize a hearing within 20 days from the date of filing the application.
Twenty-first administrative organs shall, seven days before the hearing is held, issue a written notice of hearing to the applicant and interested parties, and make an announcement when necessary. The notice of hearing shall contain the following contents:
(a) the time and place of the hearing and the time required for the hearing;
(2) A list of the presiding hearer and other hearing personnel;
(three) the right to entrust an agent to participate in the hearing;
(4) the right to apply for withdrawal;
(five) the legal consequences of not participating in the hearing without justifiable reasons;
(6) Other related matters.
Twenty-second applicants and interested parties shall attend the hearing on time. If he is unable to attend for some reason, he shall inform the administrative organ in writing 3 days in advance, and the administrative organ shall put it on record.
Twenty-third parties who apply for a hearing to withdraw their application for a hearing before the hearing is held shall be deemed to have waived their right to a hearing, and shall be recorded in writing by the administrative organ, which may not hold a hearing; There are more than two people who apply for a hearing, and if the application is partially withdrawn, it shall be recorded in writing by the administrative organ, but it will not affect the hearing.
Twenty-fourth before the start of the hearing, the recorder shall find out the attendance of the parties to the hearing, verify their identity, and announce the hearing discipline and matters needing attention.
If the parties to the hearing are absent without justifiable reasons, the recorder shall record them in the hearing record and report to the presiding hearer. If the applicant or interested party is absent without justifiable reasons, it shall be deemed as giving up the right to hearing.
Twenty-fifth to participate in the hearing shall abide by the following disciplines:
(a) without the permission of the presiding hearer, not to speak and ask questions;
(two) without the permission of the presiding hearer, no recording, video recording or photography;
(3) Without the permission of the presiding hearer;
(four) shall not use insulting, threatening, intimidating language and other uncivilized language;
(five) no communication tools, no noise, no noise;
(six) shall not engage in other acts that interfere with the normal conduct of hearing activities.
If the hearing parties and hearing professionals violate the hearing discipline, the presiding hearer has the right to stop and give a warning, and if the circumstances are serious, he may be ordered to leave. If the order of the hearing is seriously disturbed, the public security organ shall handle it according to law.
Twenty-sixth hearing in accordance with the following procedures:
(1) The presiding hearer announces the beginning of the hearing, introduces the hearing participants, announces the hearing matters, informs the hearing parties of their rights and obligations in the hearing, and asks the applicant and interested parties whether to apply for withdrawal;
(two) the staff who examine the application for administrative license shall provide the examination opinions and relevant evidence and reasons;
(three) the applicant and the interested party can put forward opinions and evidence, and defend and cross-examine, and all the evidence related to the application for administrative license must be cross-examined on the spot;
(4) The presiding hearer may ask the parties to the hearing and the hearing professionals as needed; With the consent of the presiding hearer, the applicant and the interested party may ask questions about the hearing; With the consent of the presiding hearer, the professionals invited to participate in the hearing may state their opinions on the relevant issues of the hearing;
(five) the staff, the applicant and the interested parties who examine the application for administrative license shall make a final statement;
(6) The presiding hearer announces the end of the hearing.
If the applicant or interested party withdraws from the meeting without the consent of the presiding hearer, it shall be deemed as giving up the right to the hearing.
Twenty-seventh in the process of hearing, the applicant and the interested party think that the presiding hearer is illegal or improper, and can immediately raise an objection. If the presiding hearer thinks that the objection is established, it shall be corrected; If the objection is not established, it may be rejected, but the reasons shall be explained, and the recorder shall record it in detail in the hearing record.
Within 5 days after the end of the hearing, if the applicant or interested party thinks that the hearing procedure violates laws, regulations and the provisions of these measures, they may raise objections to the legal institution of the government at the corresponding level of the hearing organization organ. If the legal institution of the government at the corresponding level of the hearing organization believes that the objection is established after investigation, it may request the administrative organ to reorganize the hearing and determine the host separately; If the objection is not established, it shall be rejected and the reasons shall be explained.
Twenty-eighth hearing shall make a written record. The recorder shall record all the activities of the hearing in the record, which shall be signed by the presiding hearer and the recorder.
The transcripts of the hearing shall include the following contents:
(1) An application for administrative license;
(2) The names and addresses of the applicant, interested parties and their agents;
(3) The names and positions of the presiding hearer and the recorder;
(4) The time and place of the hearing;
(five) review opinions and relevant evidence and reasons provided by the staff who review the application for administrative license;
(6) Statements, defenses, cross-examination contents and relevant evidence of the applicant and interested parties;
(7) Other necessary matters.
When the presiding hearer deems it necessary, he may use audio and video recording to assist the hearing record.
Twenty-ninth hearing records shall be signed or sealed by the staff, the applicant and the interested parties who review the application for administrative license.
If the transcripts of the hearing cannot be made on the spot, the presiding hearer shall designate a date and place for the staff, applicants and interested parties who examine the application for administrative license to read, and sign or seal it.
If the applicant or interested party refuses to sign or seal, the recorder shall record it in the hearing record and record in detail the reasons for refusing to sign or seal.
Thirtieth the presiding hearer shall, according to the transcripts of the hearing, make a hearing report within 5 days after the end of the hearing, and submit the transcripts of the hearing and the hearing report to the person in charge of the administrative organ. The hearing report shall include the basic information of the hearing and the opinions of the presiding hearer.
The administrative organ shall, within the statutory time limit, make a decision on administrative licensing according to the transcripts of the hearing.
Article 31 If the laws, regulations and rules on which the administrative license is based are amended or abolished, or the objective circumstances on which the administrative license decision is made have changed significantly, or new evidence or circumstances are discovered, which may affect the correct decision of the administrative license, the administrative organ may, in the public interest, reorganize the hearing before making the administrative license decision; The applicant and the interested party may also apply for a second hearing, and whether or not to allow it shall be decided by the person in charge of the administrative organ.
Thirty-second in any of the following circumstances, the hearing may be postponed:
(a) the applicant or interested party has justified reasons to apply for an extension;
(two) the applicant and the interested party are absent for irresistible reasons, which makes the hearing unable to be held effectively;
(three) after the hearing begins, the applicant or interested party applies for withdrawal and needs to re-determine the host, recorder or other professionals;
(four) other circumstances that should be postponed according to law.
In addition to re-determining the hearing extension of the hearing host, the hearing extension is decided by the person in charge of the administrative organ, and other hearing extensions are decided by the hearing host. If it is decided to postpone the hearing, the hearing shall be held within 5 days from the date when the reasons for postponing the hearing are eliminated, and the administrative organ shall be responsible for notifying the relevant personnel who participated in the hearing of the date and place of the postponement.
Thirty-third in the process of hearing, one of the following circumstances, suspend the hearing:
(a) the death or termination of an interested party, and it is necessary to wait for his successor or the successor of rights and obligations to indicate whether to participate in the hearing;
(two) the natural person among the interested parties has lost the capacity for civil conduct and has not yet determined the legal representative;
(three) the applicant or interested party is unable to continue to participate in the hearing due to irresistible reasons;
(four) it is found that the interested parties who should participate in the hearing have not been notified to participate in the hearing;
(5) Evidence needs to be re-appraised, inspected or investigated, or new witnesses need to be notified to testify at the scene;
(six) other circumstances that should be suspended according to law.
The suspension of the hearing shall be decided by the presiding hearer. After the circumstances of suspending the hearing are eliminated, the hearing shall be resumed within 5 days from the date when the reasons for suspending the hearing are eliminated. The administrative organ shall be responsible for notifying the time and place of re-holding the hearing and the interested parties who reconfirm or supplement the notice.
Thirty-fourth in the process of hearing, one of the following circumstances, terminate the hearing:
(1) All applicants and interested parties are absent without justifiable reasons;
(2) All applicants and interested parties give up the hearing;
(3) All applicants and interested parties withdraw from the hearing without the consent of the presiding hearer;
(four) other circumstances that should be terminated according to law.
If the applicant or interested party terminates the hearing due to the circumstances specified in the preceding paragraph, it may not apply for a hearing again on the same matter.
If the hearing is terminated, the administrative organ shall notify the applicant and interested parties in writing and make a decision on administrative licensing according to law.
Article 35 If an administrative organ and its staff violate the provisions of the Administrative Licensing Law and these Measures by not organizing a hearing on matters that should be heard according to law, or not making a decision on administrative licensing according to the transcripts of the hearing, the administrative organ that made the decision on administrative licensing or its superior administrative organ may revoke the decision on administrative licensing upon the application of the applicant or interested party or ex officio, except that the revocation of the decision on administrative licensing may cause great harm to the public interest. If the decision to revoke the administrative license causes damage to the legitimate rights and interests of the licensee, the administrative organ shall make compensation according to law.
Thirty-sixth administrative organs and their staff in any of the following circumstances, the administrative organ at a higher level, the supervisory organ or the legal institution of the government at the same level shall be ordered to make corrections. If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be punished according to law:
(1) Failing to fulfill the statutory obligation of informing the applicant and interested parties of the hearing;
(2) failing to organize a hearing on matters that should be heard according to law;
(3) Failing to make a decision on administrative license according to the transcripts of the hearing;
(four) the implementation of other acts in violation of the provisions of the administrative licensing law and these measures.
Thirty-seventh hearing host, recorder or review the application for administrative license staff in any of the following circumstances, by the relevant administrative organs, supervisory organs or legal institutions of the government at the same level to informed criticism. If the circumstances are serious, it shall be punished:
(1) The presiding hearer violates the hearing procedure;
(2) The presiding hearer illegally deprives the applicant and the interested party of the hearing rights;
(3) The presiding hearer or recorder intentionally makes false records in the transcripts of the hearing;
(four) the staff who examined the application for administrative license did not attend the hearing or refused to make a statement at the hearing without justifiable reasons;
(five) the staff who review the application for administrative license provide false or major wrong information at the hearing;
(six) the implementation of other acts that may affect the fair hearing.
Thirty-eighth the time to organize a hearing is not included in the time limit for the administrative organ to make an administrative licensing decision according to law.
The "3rd", "5th", "7th" and "20th" specified in these Measures are all calculated on working days, excluding legal holidays.
Article 39 The administrative organ shall provide necessary places, equipment and other working conditions for organizing the hearing. The expenses required for organizing the hearing shall be borne by the administrative organ and guaranteed by the finance at the corresponding level.
The administrative organ invites translators, appraisers, inspectors and other professionals from non-administrative organs to participate in the hearing, and the administrative organ may give appropriate subsidies.
Fortieth laws, regulations and rules have other provisions on hearing, such provisions shall prevail.
Article 41 These Measures shall come into force as of June 6, 2007.