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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II ESTABLISHMENT OF HEARING OF ADMINISTRATIVE LICENSE CHAPTER III IMPLEMENTATION OF HEARING OF ADMINISTRATIVE LICENSE Section 1 General Provisions Section 2 Procedures for Hearing According to Authority Section 3 Procedures for Hearing upon Application CHAPTER IV SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Measures are hereby formulated in accordance with the Administrative License Law for the purpose of regulating the procedures for the hearing of agriculture administrative license and protecting the legal rights and interests of citizens, legal persons and other organizations. Article 2. The present Provisions shall be applicable to the holding of hearing according to law by the administrative departments of agriculture for their drafting out of laws and regulations and drafts of ministerial rules of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government and the implementation of administrative license. Article 3. The hearing shall be organized by the organs of legal affairs under the administrative departments of agriculture. The presiding official of hearing and the hearing official shall be appointed by the functionary of the administrative department of agriculture. Article 4. The principle of openness, fairness and justness shall be followed for the hearing. CHAPTER II ESTABLISHMENT OF HEARING OF ADMINISTRATIVE LICENSE Article 5. Where an administrative department of agriculture drafts out laws, regulations and the drafts of ministerial rules of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and plans to establish administrative license, it may solicit opinions by way of hearing before referring the draft to the legislature for discussion. Article 6. The administrative department of agriculture shall make a public notice on such contents of hearing as the matters for hearing, ways, conditions and terms of signing up for the hearing 30 days before holding the hearing. Article 7. Any citizen, legal person or other organization meeting the requirements prescribed by the administrative department of agriculture may apply for attending the hearing, or elect representatives to attend the hearing. The administrative department of agriculture shall determine a proper proportion of representatives to attend the hearing from those signed up for the hearing who meet the requirements. And the representatives determined shall have universality and representation, and the name list of the representatives shall be announced to the general public. The administrative department of agriculture shall serve the notice and documents of hearing to the representatives 7 days before the holding of the hearing. Article 8. The following procedures shall be followed for a hearing: (1) The presiding official of the hearing introduces the necessity for establishing administrative license on the laws, regulations or drafts of ministerial rules and the subject, procedures, conditions, terms and charges of implementation of administrative license, and etc.; (2) The representatives of the hearing shall put forward opinions separately on the necessity of establishing administrative license, and on the subjects, procedures, conditions, terms and charges of implementation of administrative license, and etc.; and (3) Notes shall be taken down for the hearing, recording in detail the various opinions put forward by the representatives of the hearing. Article 9. The administrative departments of agriculture shall, when submitting the drafts of laws, regulations and the ministerial rules of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government to the legislature for deliberation, specify the conditions on holding the hearing and adoption of the opinions. CHAPTER III IMPLEMENTATION OF HEARING OF ADMINISTRATIVE LICENSE Section 1 General Provisions Article 10. In case there is any of the following circumstances, the administrative department of agriculture shall hold a hearing before making decision on administrative license: (1) Where the agricultural laws, regulations and rules prescribe that a hearing shall be held for the implementation of administrative license; (2) Where there is necessity to hold a hearing on other major administrative license involving public interests believed by the administrative department of agriculture; or (3) Where the administrative license directly concerns major relations of interests between the applicant and other person, and the applicant and the interested party apply for hearing within the legal terms. Article 11. The hearing shall be organized by one presiding official of hearing and two hearing officials, or may be organized by one presiding official of hearing according to the specific circumstances. No staff member who makes examination on the application for administrative license shall act as the presiding official of the hearing of the licensing matter or as the hearing official. Article 12. In case any presiding official of hearing or hearing official has any of the following circumstances, he shall withdraw on his own initiative, the applicant and the interested party may also apply for his/her withdrawal: (1) Being the close relative of the applicant of administrative license, interested party or their agents per procuration; or (2) Having other direct relations of interests with the application for administrative license, which may affect the carrying out of the hearing justly. The withdrawal of the presiding official of hearing and the hearing official shall be determined by the functionary of the administrative department of agriculture. The withdrawal of the recorders shall be determined by the presiding official of the hearing. Article 13. The applicant of administrative license and the interested party may attend the hearing in person, or may entrust one or two agents to attend the hearing. In case an agent attends the hearing, he/she shall submit the power of attorney signed or sealed by the principal to the administrative department of agriculture. The power of attorney shall specify the matters entrusted and the power, and be subject to the confirmation of the presiding official of the hearing. In case any agent per procuration gives up the right of hearing on behalf of the principal, he shall be subject to the special authorization of the principal. Article 14. A recorder shall take notes of all the contents of hearing, with the names of the presiding official of hearing, the hearing official and the recorder signed on. The hearing notes shall be signed or sealed after being confirmed by the representatives of hearing or participants of hearing to be with no mistakes. In case any of them refuses to sign or seal, the presiding official of hearing shall indicate that on the notes of hearing. Article 15. The administrative department of agriculture shall make a decision of administrative license on the basis of notes of hearing. The organs of legal affairs shall bring forward opinions on disposal of matters of administrative license within 5 days after the end of the hearing, and submit them to the functionary of their own administrative departments. Section 2 Procedures for Hearing According to Authority Article 16. In case any administrative department of agriculture holds a hearing on matters of administrative license listed in items (1) and (2), paragraph 1 of Article 10 of the present Provisions, it shall make a public notice on the relevant contents to the general public according to the provisions of Article 6 thirty days before holding the hearing, and shall determine the representatives of hearing according to the provisions of Article 7, and serve the notice and documents of hearing. Section 3 Procedures for Hearing upon Application Article 17. Any applicant or interested party meeting the requirements of the provisions of item (3), paragraph 1 of Article 10 of the present Provisions shall file an application for hearing to the administrative department of agriculture within 5 days after being notified of the right of hearing. If any one fails to file an application, he shall be deemed as waiving the hearing, and it shall be recorded in writing. Article 18. The following contents shall be included in an application for hearing: (1) The name and address of the applicant for hearing, or the name, address and legal representative of a legal person or other organization, or the name of the main responsible person; (2) The concrete matters applied for hearing; and (3) The basis and reasons for applying for hearing. The applicant for hearing shall also provide the relevant documents at the same time. Article 19. Any organ of legal affairs shall, after the application for hearing is accepted, make examination on the application documents. If the application documents are incomplete, it shall notify the parties to make up at once. In case there is any of the following circumstances, the application shall be rejected: (1) The application is filed by a non-applicant for administrative license or an interested party; (2) The application is filed exceeding the 5-day time limit; or (3) Other circumstances not meeting the conditions of application for hearing. If an application is rejected, the reasons for rejection shall be notified in writing. Article 20. After the organ of legal affairs has made examination, it shall make the Notice of Hearing of Administrative License for the application meeting the requirements for hearing, and serve it to the applicant and the interested parties of administrative license 7 days before holding the hearing. The Notice of Hearing of Administrative License shall specify the following matters concerned: (1) Hearing matters; (2) The time and place for holding the hearing; (3) The name and post of the presiding official of the hearing and the hearing official; and (4) Matters needing attention. Article 21. A hearing shall be held within 20 days after the qualified application for hearing is accepted. An applicant or interested party of administrative license shall attend the hearing on schedule. In case any one fails to attend the hearing without justifiable reasons, or quits during the holding of the hearing without the permission of the presiding official of the hearing, it shall be deemed as waiving the hearing. The waiving of hearing shall be recorded into the notes of hearing. Article 22. An organ undertaking the administrative license shall assign personnel to attend the hearing after receiving the Notice of Hearing of Administrative License. Article 23. The following procedures shall be followed for the hearing: (1) The presiding official of hearing declares the opening of the hearing, read outs the hearing disciplines, checks the identity of participants of the hearing, declares the brief of a case and the name list of the presiding official of the hearing and the recorder; (2) Notifying the participants of hearing of their rights and obligations, inquiring about whether the applicant or the interested party applies for withdrawal or not; (3) The personnel assigned by the organs undertaking the handling of the administrative license propose the facts they know, and provide the evidences and reasons of examination opinions; (4) The applicant and the interested party make defense and submit documents of proof; (5) The presiding official of hearing and hearing official inquire the participants, witnesses and other relevant personnel of hearing; (6) The participants of hearing argue on issues of facts and law concerning the issuance of administrative license, and questioning the relevant documents of proof; (7) The final statements of the applicant and the interested party; and (8) The presiding official of hearing declares the end of the hearing. Article 24. In case of any of the following circumstances, the hearing may be postponed: (1) The hearing cannot be held on schedule due to force majeure; (2) The applicant or interested party of administrative license applies for withdrawal temporarily, which cannot be decided on site; or (3) Other circumstances under which the hearing should be postponed. In case the hearing is postponed, the participants of the hearing shall be notified in writing. Article 25. Under any of the following circumstances, the hearing shall be suspended: (1) The applicant or the interested party brings forward new facts, reasons and basis during the process of hearing, which need to be investigated and verified; (2) The citizen who applies for hearing dies, or the legal person or other organization terminates, and the receiver of rights and obligations hasn't been determined; or (3) Other circumstances under which the hearing shall be suspended. In case the hearing is suspended, the participants of the hearing shall be notified in writing. Article 26. In case the circumstances under which the hearing is postponed or suspended disappear, the organs of legal affairs shall determine to resume the hearing, and notify the participants of hearing in writing. Article 27. The hearings shall be terminated under any of the following circumstances: (1) The citizen who applies for hearing dies, and does not have any successor, or the successor gives up the hearing; (2) The legal person or other organization that applies for hearing terminates, and the legal person or other organization that receives its rights gives up the hearing; (3) The applicant or interested party of administrative license declares to give up hearing or is regarded as giving up the hearing; or (4) Other circumstances under which the hearing shall be terminated. CHAPTER IV SUPPLEMENTARY PROVISIONS Article 28. No one may charge any fees from the parties for holding the hearing. The expenses for hearing shall be listed into the budget of the corresponding departments. Article 29. The present Provisions shall be referred to where there is necessity to hold hearing for the implementation of agriculture administrative license by the organizations authorized by laws and regulations. Article 30. The time limit in the present Provisions shall be computed by working days, excluding legal festivals and holidays. Article 31. The present Provisions shall come into force as of July 1, 2004. |
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