Interim Provisions of Gansu Province on Administrative Punishment Hearing Procedure

Chapter I General Provisions Article 1 These Provisions are formulated in accordance with the relevant provisions of the Administrative Punishment Law of the People's Republic of China in order to standardize the hearing procedure of administrative punishment, ensure and supervise the administrative organs of this province to implement administrative punishment according to law, and safeguard the legitimate rights and interests of citizens, legal persons or other organizations. Article 2 These Provisions shall apply to the administrative organs that enjoy the power of administrative punishment according to law within the administrative region of this province, organizations authorized by laws and regulations with the function of managing public affairs or entrusted organizations (hereinafter referred to as administrative organs), and the parties to administrative punishment who apply for hearing according to law. Article 3 Before the administrative organs at all levels in this province order the parties to stop production and business, revoke their licenses and licenses, and impose a relatively large fine (referring to a fine of 654.38 million yuan for citizens and 30,000 yuan for legal persons or other organizations), if the parties request a hearing, it shall be implemented in accordance with the Administrative Punishment Law and these Provisions.

If the hearing standard for the administrative organ to make a relatively large fine is lower than or higher than the above standard, it shall be reported to the Legislative Affairs Bureau of Gansu Provincial People's Government for approval and promulgation.

Where laws, regulations and the provincial people's government have other provisions on the scope of the hearing and a large amount of fines, those provisions shall prevail.

The public security department that implements vertical leadership and the relevant departments of the State Council are in Gansu institutions, and the hearing standard for a large amount of fines shall be stipulated by the higher authorities. Article 4 The hearing shall be organized by the administrative organ that has made the administrative punishment, and its legal institution or corresponding institution shall be responsible for the specific implementation. If the entrusted organization intends to implement administrative punishment, the entrusted administrative organ shall organize a hearing. The administrative organ shall not entrust other organs or organizations to organize the hearing. Article 5 The hearing procedure shall follow the principles of fairness, openness and efficiency. The hearing shall be held in public unless it involves state secrets, commercial secrets or personal privacy. Article 6 The legal departments of the people's governments at all levels shall, under the leadership of the people's governments at the same level, strengthen the guidance on the hearing work and supervise the administrative organs to hold hearings according to law. When necessary, send personnel to attend the hearing. Chapter II Participants in Hearing Article 7 A hearing shall be attended by the presiding hearer, the hearing officer, the clerk, the case investigation and evidence collection personnel, the parties and their entrusted agents, and a third person who has a direct interest in the outcome of the case. Article 8 The presiding hearer shall be appointed by the person in charge of the administrative organ as the person in charge of the legal institution of the organ or the corresponding institution. Article 9 An administrative organ may, as required, designate 0 to 2 investigators irrelevant to the case within its own organ as hearing officers to assist the presiding hearer in organizing the hearing.

Hearing clerk 1 person, who are not the investigators of this case in the administrative organ and are responsible for making hearing transcripts and other matters. Article 10 The presiding hearer, the hearing officer and the clerk shall withdraw under any of the following circumstances:

(1) the investigators of this case;

(2) Close relatives of the parties and the investigators in this case;

(3) People who have a direct interest in the outcome of this case.

If a party applies for the withdrawal of the presiding hearer, whether to withdraw shall be decided by the person in charge of the administrative organ; If the hearing officer or the clerk applies for withdrawal, the presiding hearer shall decide whether to withdraw. Article 11 If a party entrusts an agent to participate in the hearing, it shall submit a power of attorney to the administrative organ before the hearing is held. Article 12 The rights and obligations of the parties in the hearing:

(1) Having the right to state and defend the facts involved in the case, applicable laws and relevant information;

(two) have the right to cross-examine the evidence presented by the investigators of the case and present new evidence;

(three) truthfully state the facts of the case and answer the questions of the host. Thirteenth in the process of hearing, the case investigators have the right to put forward the facts, evidence and administrative punishment suggestions of the parties, and cross-examine with the parties. Chapter III Acceptance of Hearing Article 14 After the investigation of a case is completed, the person in charge of the administrative organ shall, after reviewing the investigation results, serve a notice of hearing on the parties before making a decision on the punishment stipulated in Article 3 of these Provisions.

The notice of hearing shall contain the following main items:

1. The name of the party concerned;

(two) the reasons and basis for the illegal behavior of the parties and the administrative punishment decision to be made;

(3) Informing the parties of their right to request a hearing;

Inform the hearing request and the time limit for hearing organization.

The notice of hearing must be stamped with the seal of the administrative organ.

The notice of hearing can be served directly, by entrustment or by registered mail. Fifteenth if a party requests a hearing, it may sign an opinion after receiving the notification, or it may request a hearing in other written forms to the administrative organ within 3 days after receiving the notification. If a party fails to make a request within the time limit, it shall be deemed as giving up the right to hearing.

If the parties explicitly give up the hearing or fail to make a request for hearing within the time limit, they may not make a request for hearing again in this case. Article 16 If a party requests a hearing, the administrative organ shall accept it.

If the party's request for hearing exceeds the time limit or does not meet the hearing conditions, the administrative organ shall inform the party in writing not to hold a hearing within 3 days. Chapter IV Holding of Hearing Article 17 If an administrative organ decides to hold a hearing, the presiding hearer shall determine the time, place and method of holding the hearing within 2 days from the date when the party requests the hearing, and serve the notice of hearing to the party 7 days before the hearing is held.

The notice of hearing shall contain the following items:

1. The name of the party concerned;

(2) The time, place and manner of holding the hearing;

(3) the names of the hearing personnel;

(4) Informing the parties that they have the right to apply for withdrawal;

(five) inform the parties to prepare evidence, notify witnesses and other matters.