organizations authorized by laws and regulations to implement administrative licensing with the function of managing public affairs shall be governed by the provisions of the relevant administrative organs in these Measures. Article 3 An administrative organ shall organize a hearing when implementing the following administrative licensing matters:
(1) Matters that should be heard when implementing administrative licensing according to laws, regulations and rules;
(2) major administrative licensing matters involving public interests that the administrative organ considers necessary for hearing;
(3) matters that the applicant for administrative license and the interested party who have been informed of the right to a hearing according to law apply for a hearing within the statutory time limit. Article 4 A hearing shall follow the principles of legality, openness, fairness, impartiality, efficiency and convenience.
except those involving state secrets, commercial secrets or personal privacy, all hearings are held in public, and citizens, legal persons and other organizations are allowed to attend and accept social supervision. Article 5 The hearing shall be organized by the administrative organ that has the right to make the decision on administrative licensing; The administrative organ entrusted with the implementation of administrative license according to law shall organize a hearing in the name of the entrusted administrative organ.
if the administrative licensing matters that should be implemented by two or more administrative organs respectively according to law need to be heard, the hearing shall be organized separately or jointly.
if the administrative licensing matters that should be examined by the lower administrative organ and reported to the higher administrative organ for decision need to be heard according to law, the administrative organ that finally made the administrative licensing decision shall organize the hearing; However, if the administrative licensing matters should be reported to the the State Council or the State Council department for making an administrative licensing decision according to law, it shall be implemented according to the relevant provisions of the state. Article 6 Hearing persons include: the presiding hearer, the hearing officer and the recorder.
the presiding hearer and hearing officer shall be appointed by the person in charge of the administrative organ; The recorder shall be appointed by the presiding hearer. Article 7 The presiding hearer shall meet the following conditions:
(1) He is a person other than the staff who examined the application for administrative license;
(2) be familiar with the hearing procedures and the provisions of laws, regulations and rules related to the administrative licensing matters;
(3) having certain organizational ability;
(4) Other conditions stipulated by laws, regulations and rules. Article 8 The presiding hearer shall perform the following duties:
(1) Organizing the formulation of a hearing plan;
(2) determine the time and place of the hearing;
(3) organizing the hearing;
(4) receiving relevant evidence;
(5) maintain the order of the hearing;
(6) organizing the presentation of a hearing report;
(7) Other duties as stipulated by laws, regulations and rules and these Measures.
the hearing officer is responsible for assisting the presiding hearer to perform the duties specified in the preceding paragraph. Article 9 The participants in the hearing include: the staff of the administrative organ examining the application for administrative license, the applicant for administrative license, the interested parties, and the entrusted agents, appraisers and witnesses as stipulated in Article 11 of these Measures. Article 1 An administrative organ shall, before making a decision on administrative licensing, inform the public of the matters to be heard, the main contents of the decision on administrative licensing to be made, and the ways to sign up for the hearing, etc. in the form of an announcement, and the time for the announcement shall not be less than 15 days.
the administrative organ shall, before making a decision on administrative licensing, inform the applicant for administrative licensing and interested parties in writing that they have the right to request a hearing on the administrative licensing matters specified in Item (3) of Article 3 of these Measures; If the applicant for administrative license or interested party applies for a hearing within 5 days from the date of being informed of the right to a hearing, the administrative organ shall organize a hearing within 2 days. Article 11 When there are many interested parties who sign up or apply to participate in the hearing, the administrative organ that organizes the hearing may require the interested parties to elect their own representatives to participate in the hearing within the specified time, and submit written materials stating the basic information of the representatives, which shall be examined and confirmed by the hearing host; If it is not elected within the time limit, the administrative organ that organizes the hearing shall determine the representative as a participant in the hearing in the order of registration and application or in a fair and open way such as drawing lots, and make it public.
the number of representatives mentioned in the preceding paragraph shall be determined by the administrative organ organizing the hearing according to the specific circumstances of the hearing and the principle that the number of people with different opinions is basically the same, and shall be announced.
the representative's participation in the hearing is effective for the party he represents, but if the representative changes or abandons the hearing claim, it shall be approved by the represented party. Twelfth administrative license applicants and interested parties may entrust one or two agents to participate in the hearing; Where an agent is entrusted to participate in the hearing, a power of attorney shall be submitted to the administrative organ that organizes the hearing, stating the entrusted matters and authority, and signed or sealed by the client, which shall be examined and confirmed by the presiding hearer. If an agent is entrusted to change or waive the hearing claim, or to waive the right of statement, defend oneself and cross-examination, it shall be expressly authorized by the client.
if the staff reviewing the application for administrative license, the applicant for administrative license or the interested party think that the relevant issues need to be appraised, or witnesses prove their claims for hearing, they may invite the appraisers or witnesses to participate in the hearing, and submit relevant supporting materials to the administrative organ that organized the hearing, which will be examined and confirmed by the presiding hearer.