(1) Name of the party concerned (2) The illegal act of the party concerned, the reasons and basis of the administrative penalty and the administrative penalty decision to be made (3) Inform the party concerned of the right to request a hearing (4) Inform the time limit for requesting a hearing and the hearing organization.
The notice of hearing must be stamped with the seal of the public security organ.
The notice of hearing can be served directly, by entrustment or by registered mail.
2. If a party requests a hearing within the statutory time limit, the public security organ shall accept it.
3. If the public security 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 to hold the hearing, and deliver the notice of hearing containing the following matters to the party 7 days before the hearing is held:
(1) Name of party:
(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; (5) Inform the parties to prepare evidence and notify the witnesses.
The notice of hearing must be stamped with the seal of the public security organ.
4. In the preparation stage of the hearing, the hearing personnel must complete the verification of the identity of the participants in the hearing, read out the hearing discipline, and ask the parties whether to apply for the withdrawal of the hearing personnel.
5. If the parties apply for the withdrawal of the hearing host, the hearing host shall announce the suspension of the hearing and report to the person in charge of the public security organ to decide whether to withdraw, and the hearing host shall decide on the spot.
6. When a hearing is held, the investigators of the case shall present the facts and evidence that the parties have violated the law, and suggest that the parties make statements, defenses and cross-examinations on the administrative punishment applicable to the hearing procedure.
7, the hearing shall make a hearing record.
After the hearing is over, the hearing personnel shall submit the transcripts of the hearing to the parties and the investigators of the case for verification and then sign or seal them.
If the parties refuse to sign, the presiding hearer shall explain the situation in the record of the new certificate.
The part of the hearing record involving the testimony of witnesses shall be checked by the witnesses.
Legal basis: Article 42 of the Administrative Punishment Law of the People's Republic of China. The administrative organ shall inform the parties of the right to request a hearing before making a decision on administrative punishment such as ordering to suspend production or business, revoking the license or imposing a relatively large fine. If a party requests a hearing, the administrative organ shall organize a hearing. The parties concerned shall not bear the expenses for the hearing organized by the administrative organ. The hearing shall be organized according to the following procedures: (1) If a party requests a hearing, it shall submit it within three days after the administrative organ informs it; (two) the administrative organ shall, seven days before the hearing is held, notify the parties of the time and place of the hearing; (3) The hearing shall be held in public unless it involves state secrets, commercial secrets or personal privacy; (4) The hearing shall be presided over by a person other than the case investigator designated by the administrative organ; If the parties think that the host has a direct interest in the case, they have the right to apply for withdrawal; (five) the parties may attend the hearing in person, or entrust one or two people as agents; (six) when the hearing is held, the investigators put forward the facts, evidence and administrative punishment suggestions of the parties; The parties to defend and cross-examine; (seven) the hearing shall make a record; After the written record is verified, it shall be signed or sealed by the parties concerned. If a party has any objection to the administrative punishment that restricts personal freedom, it shall be implemented in accordance with the relevant provisions of the Public Security Administration Punishment Law. Article 43 After the hearing, the administrative organ shall make a decision in accordance with the provisions of Article 38 of this Law.