Administrative Reconsideration Hearing Procedure Provisions

The administrative review agency shall inform the hearing participants of the time and place of the hearing three days before the hearing. Administrative reconsideration notification hearing procedures: In principle, the hearing should be held at the office premises of the administrative reconsideration agency. If necessary, it can also be held at the location of the applicant or the place where the case mainly occurs. If the administrative review agency changes the hearing time, location and other matters, it shall notify the parties and other participants one day before the hearing. Article 27 The parties enjoy the following rights during the hearing:

(1) State the facts of the case, applicable law, etc.;

(2) Review the materials submitted by other parties;

(3) Apply to withdraw the administrative review application;

(4) The applicant and the respondent may reach a settlement agreement in accordance with the law during the hearing;

(5) ) Verify the hearing transcript. Article 28 The parties shall abide by the following disciplines during the hearing:

(1) Arrive at the designated location on time to attend the hearing;

(2) Not speak or speak without the permission of the hearing host. Ask questions;

(3) No audio, video or photography is allowed without the permission of the hearing host;

(4) No loud noises, bad words, hurtful words, random walking, or making phone calls are allowed , or other behaviors that affect the order of the hearing;

(5) No one shall leave the meeting early. Article 29: Observers shall remain silent during the hearing and shall not violate Article 2 of these Provisions

Article 31: Hearings shall be held in accordance with the following steps:

(1) ) The hearing host announces the hearing discipline, introduces the hearing personnel, checks the identities of the parties and other participants, and reviews the agency authority of the entrusted agent;

(2) The hearing host informs the parties of their rights and obligations, and asks whether to submit Recusal;

(3) The applicant states the request for administrative review, facts and reasons;

(4) The respondent states the facts and reasons for taking specific administrative actions;

(5) The third party states his/her opinion;

(6) The hearing host summarizes the focus of the dispute;

(7) Provides evidence and cross-examination around the focus of the dispute;

(8) Hearing personnel conduct questioning;

(9) With the consent of the hearing host, the parties may question each other, or may question witnesses, surveyors, appraisers and other relevant personnel;

(10) The parties debate around the focus of the dispute;

(11) The parties make final statements;

(12) The hearing moderator asks whether he agrees to mediate according to regulations Or settle on your own;

(13) After the hearing, check the hearing transcript and sign it.

Legal basis:

The provisions of the "Administrative Reconsideration Law of the People's Republic of China" and its implementation regulations

Article 2 This system applies to administrative Hearing activities organized by the review agency in accordance with the law during the trial of administrative review cases.

Article 3 The administrative reconsideration hearing referred to in this system means that the administrative reconsideration agency organizes and hears the parties’ opinions on the specific matters involved in the case in accordance with this system in order to ascertain the facts of the case when handling administrative reconsideration cases. Activities of stating, providing evidence, cross-examining and debating the facts, evidence, basis and procedures of administrative actions.

The administrative review agency shall not entrust other agencies or organizations to conduct hearings.

Article 4 Hearing officers referred to in this system refer to the administrative review staff in the administrative review agency who are responsible for hearing administrative review cases and organizing hearings. Hearing moderator refers to the hearing officer who is responsible for organizing and directing hearing activities and presiding over hearing meetings.

The parties referred to in this system refer to the applicant, the respondent and the third party.

The administrative reconsideration hearing participants referred to in this system include parties, agents and other relevant personnel.

The term "agent" as mentioned in the preceding paragraph refers to the legal representative, guardian and person entrusted by the party to represent the party at the administrative reconsideration hearing, including staff of the agency, lawyers and other relatives entrusted by the party. or personnel.

The "other relevant personnel" mentioned in the preceding paragraph refers to witnesses, translators, examiners, appraisers, and other personnel related to the hearing.

Article 5: A hearing shall be held for administrative review cases under any of the following circumstances:

(1) The applicant requests a hearing and the administrative review agency agrees;

(2) The case is complex, major, and difficult;

(3) The social impact is relatively large;

(4) The administrative review agency or administrative review agency believes that it should be held hearing.

Article 6 The administrative reconsideration hearing shall be conducted after the respondent of the administrative reconsideration responds in accordance with the law and submits the evidence, basis and other relevant materials for the original specific administrative action. The administrative review authority shall review the evidence, determine the facts, and make an administrative review decision based on the circumstances of the hearing.

Article 7 Administrative reconsideration hearings shall follow the principles of fairness, openness and equal legal status of the parties involved.

Except for administrative review cases involving state secrets, commercial secrets or personal privacy, hearings shall be held in public.