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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II THE SCOPE OF HEARING CHAPTER III HEARING PERSONNEL AND PARTICIPANTS CHAPTER IV PROCEDURES FOR A HEARING CHAPTER V SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. For the purposes of regulating the procedures for the hearing of administrative licensing, protecting the legitimate rights and interests of the citizens, legal persons and other organizations and ensuring the implementation of administrative licensing by the finance organs, the present Measures are formulated in accordance with the Administrative License Law of the People's Republic of China and other relevant laws and administrative regulations. Article 2. The present Measures shall apply to the implementation of hearing of administrative licensing by the finance organs of the people's governments at the county level or above (hereinafter referred to the finance organs). Article 3. The finance organs shall observe the principle of openness, fairness, impartiality and facilitating the people. Article 4. The hearing of administrative licensing shall be handled by the legal affairs departments of the finance organs, or by the institutions designated by the finance organs other than those responsible for examining the administrative licensing applications. Article 5. No finance organ may make a decision of administrative licensing if it fails to organize a hearing for an administrative licensing matter subject to hearing, or fails to comply with the pertinent provisions in organizing a hearing. CHAPTER II THE SCOPE OF HEARING Article 6. The finance organ shall organize a hearing for an administrative licensing matter subject to hearing as provided in any law, regulation and rule for the implementation of administrative licensing, or for other administrative licensing matters of great importance to the public interests that the finance organ deems it necessary to hold a hearing. Article 7. In case of an administrative licensing matter that directly involves the major interest relationship between the applicant and others, the finance organ shall organize a hearing for it, if the applicant or the interested party applies for a hearing. CHAPTER III HEARING PERSONNEL AND PARTICIPANTS Article 8. The hearing personnel comprise the hearing presider, hearing examiner and clerk. The hearing presider shall be designated by the person-in-charge of the finance organ from the personnel responsible for the work of legal affairs of this organ, or from those other than the administrative licensing application examiners of this organ. The hearing examiner shall be designated by the person-in-charge of the institution for which the hearing presider is working. He shall assist the hearing presider. The clerk shall be designated by the hearing presider. He shall be responsible for the making of records of hearing and other related affairs. Article 9. The participants of a hearing shall include the examiners of the administrative licensing application, and the applicant and interested party of administrative licensing. CHAPTER IV PROCEDURES FOR A HEARING Article 10. Before the finance organ makes an administrative licensing decision about a matter as prescribed in Article 6 of the present Measures, it shall issue an announcement to the general public and shall hold a hearing on schedule. A hearing announcement shall contain the matters to be heard, the time and place, hearing personnel and participants of hearing. Article 11. Before the finance department makes an administrative licensing decision about a matter as prescribed in Article 7 of the present Measures, it shall notify the applicant and the interested party of the right to request for a hearing. The finance organ shall notify the applicant and the interested party of the right to request for a hearing by delivering a Finance Organ Notification Letter about Hearing of Administrative Licensing to them. The Finance Organ Notification Letter about Hearing of Administrative Licensing shall specify the administrative licensing matters to be decided and the rights which the applicant or interested party is entitled to enjoy. Article 12. Where an applicant or interested party requests for a hearing, it shall, within 5 days after it receives the Notification Letter about Hearing of Administrative Licensing, file a written application to the finance organ. If it fails to do so, it shall be deemed as having waived such right. And the finance organ may make an administrative licensing decision in accordance with the law accordingly. Article 13. The finance organ shall organize a hearing within 20 days after it receives the application of the applicant or of the interested party. Article 14. The finance organ shall serve a Notice about Hearing of Administrative Licensing on the applicant, interested party, and institution or persons responsible for examining the administrative licensing not later than 7 days before the hearing is held. The Notice about Hearing of Administrative Licensing shall specify the time and place and hearing personnel of hearing. Article 15. The applicant or interested party may attend the hearing personally or entrust 1-2 agents to attend the hearing. If an agent is to attend the hearing, he shall, not later than 3 days before the hearing is held, submit a written authorization to the finance organ organizing the hearing. Article 16. Where an applicant or interested party considers that the administrative licensing matter is of direct interest relationship to any of the hearing personnel, it/he shall be entitled to apply for the withdrawal of the said person. A withdrawal application shall be filed and an explanation shall be made to the finance organ not later than 3 days before the hearing is held. If any of the hearing personnel considers that he is of direct interest relationship to the administrative licensing matter, he shall apply for withdrawal on his own initiative. The withdrawal of the hearing presider of hearing shall be decided by the person-in-charge of the finance organ. The withdrawal of the hearing examiner or clerk shall be decided by the hearing presider of hearing. Article 17. A finance administrative licensing hearing shall proceed openly except those involving any state secret, business secret or personal privacy. Where it is improper to hold an open hearing for the reason of business secret or personal privacy, the applicant or interested party shall file an application to the finance organ for examination and decision. When holding an open administrative licensing hearing, an announcement shall be issued to the general public before the hearing is held. Such an announcement shall contain the matters of hearing, time and place of hearing, the hearing personnel and participants, and shall state that the public may attend the hearing. Article 18. A hearing shall proceed as follows: (1) The clerk verifies the identification of participants of the hearing and whether all parties concerned appear at the hearing; (2) The hearing presider of hearing declares the reasons for hearing, hearing personnel and disciplines, inform the participants of their rights and obligations as well as declares the opening of hearing; (3) The administrative licensing examiners state the opinions on the examination and reasons, and present the examination proofs; (4) The applicant, interested party or its agent presents evidence, makes statements, arguments and cross examinations; (5) The participants of hearing debate on the authenticity and lawfulness of the administrative licensing matters; (6) After the debate is ended, the hearing presider of hearing asks, for the second time, the participants of hearing for their opinions on the facts, proofs and other issues related to the administrative licensing matters; the participants of hearing make final statements; and (7) The hearing presider declares the end of hearing. Article 19. During a hearing, the hearing presider shall maintain the hearing order. Where a person violates the disciplines of hearing, the hearing presider shall be empowered to give him a warning or criticize him. If the circumstance is serious, the hearing presider shall order him to exit the place of hearing. Article 20. Records shall be made for an administrative licensing hearing. The records of hearing shall contain the following: (1) The matters for hearing; (2) The name and job title of the hearing personnel; (3) The basic information of the participants of hearing; (4) The time and place of hearing; (5) Whether the hearing is open; (6) The opinions, reasons and evidence of the participants of the hearing; (7) How the hearing presider of hearing deals with the relevant matters arising during the hearing; and (8) Other matters that the records shall cover. The participants of hearing shall sign their names on or affix their seals to the records after they have confirmed them as inerrant. If a participant of hearing considers that there's any error therein, he shall be entitled to request for making a supplement or correction. If a participant of hearing refuses to sign his name on or affix his seal to the records, the hearing presider shall record the circumstance and attach it to the records. Article 21. 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, interested party or its agent applies, upon justifiable reasons, for postponing the hearing; or (3) Other circumstances under which the hearing should be postponed. Article 22. 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, which the hearing presider considers it is necessary to investigate into and verify; (2) The citizen who applies for hearing dies, or the legal person or any other organization terminates, and no successor of rights and obligations has been determined yet; or (3) Other circumstances under which the hearing shall be suspended. Article 23. The hearings shall be terminated under any of the following circumstances: (1) The applicant or interested party withdraws the hearing application; (2) The applicant or interested party fails to attend the hearing without a justifiable reason; or (3) Other circumstances under which the hearing shall be terminated. Article 24. The postponement or suspension of a hearing shall be decided by the person-in-charge of the department responsible for hearing. Where a hearing is postponed or suspended, the participants of hearing shall be informed. After the conditions for postponement or suspension of a hearing disappear, the hearing shall be resumed within 7 days and a written notice shall be given to the participants of hearing. The termination of a hearing shall be determined by the person-in-charge of the finance organ. Article 25. The finance organ shall, on the basis of the hearing records, make an administrative licensing decision. Without undergoing the cross-examination under the procedures of hearing, no proof may become the basis for making an administrative licensing decision. CHAPTER V SUPPLEMENTARY PROVISIONS Article 26. The finance organ may not charge the applicant or interested party any fee for a hearing. The place, equipment and expenses necessary for a hearing shall be ensured by the finance organ. Article 27. The present Measures shall be implemented as of October 1, 2004. |
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