the administrative organ entrusted with the implementation of administrative license shall organize an administrative license hearing in the name of the entrusting organ. Article 4 The hearing shall be held in public, except that it involves state secrets, commercial secrets or personal privacy. Chapter II Participants in Hearing Article 5 Participants in a hearing include the presiding hearer, examiners of administrative license, applicants for administrative license and interested parties. Article 6 The presiding hearer shall be the staff of the legal institution of the administrative organ designated by the person in charge of the administrative organ, except that the staff of the legal institution is the examiner of administrative license. According to the needs of the hearing, the person in charge of the administrative organ may also assign one or two staff members to assist the presiding hearer. Article 7 If the presiding hearer thinks that he has a direct interest in the administrative licensing matters of the hearing or the applicants or interested parties, he shall recuse himself and report to the person in charge of the administrative organ that organized the hearing for decision. Article 8 The presiding hearer shall exercise the following functions and powers:
(1) Presiding over hearing activities;
(2) Ask the examiners, applicants and interested parties of the administrative license;
(3) maintaining the order of the hearing;
(4) Deciding to postpone or terminate the hearing because the applicant for administrative license does not participate in the hearing or withdraws from the hearing;
(5) If the hearing cannot be held as scheduled due to force majeure and other reasons, it is decided to suspend the hearing;
(6) Take other necessary measures to ensure the smooth progress of the hearing. Article 9 Citizens, legal persons and other organizations that meet the statutory requirements may participate in the hearing as applicants for administrative license or interested parties upon application or notification by the administrative organ. Article 1 An applicant for an administrative license and an interested party shall enjoy the following rights:
(1) To be informed of the hearing;
(2) apply for the withdrawal of the presiding hearer;
(3) to entrust an agent to attend the hearing;
(4) consulting the files about the hearing and obtaining a copy of the hearing materials;
(5) state opinions, present evidence and cross-examine;
(6) With the permission of the presiding hearer, ask the examiners of administrative license;
(7) other rights stipulated by laws and regulations. Eleventh administrative licensing examiners must attend the hearing. Article 12 Examiners of administrative license, applicants for administrative license and interested parties shall have the following obligations in the hearing: < P > (1) Abide by the hearing rules;
(2) truthfully providing materials related to the hearing;
(3) keep secrets and protect personal privacy. Article 13 Where an applicant or interested party entrusts an agent to participate in the hearing, it shall submit a power of attorney signed or sealed by the principal to the administrative organ that organizes the hearing. Chapter III Preparation before Hearing Article 14 An administrative organ shall notify the applicant for administrative license and interested parties in writing to attend the hearing seven days before the hearing is held. If the written notice cannot be served, it can be served by announcement. Article 15 The following items shall be stated in the notice of hearing:
(1) The name of the applicant or interested party;
(2) the time and place of the hearing;
(3) the name, unit and position of the presiding hearer;
(4) the main contents of the administrative licensing decision to be made;
(5) the legal consequences of hearing by default;
(6) other items that should be recorded. Article 16 Where there are many applicants and interested parties for administrative license, the administrative organ may determine the representatives of the applicants and interested parties to attend the hearing by drawing lots or in the order of registration. The administrative organ shall disclose the list of representatives determined to other applicants for administrative license and interested parties. Chapter IV Holding of Hearings Article 17 At the beginning of the hearing, the presiding hearer shall introduce his name, unit and position, check the names of the examiners, applicants and interested parties of the administrative license, announce the hearing rules, inform the applicants and interested parties of their rights and obligations, and ask the applicants and interested parties whether to apply for withdrawal.
if the applicant for administrative license or interested party applies for withdrawal, the presiding hearer shall announce the suspension of the hearing and report it to the person in charge of the administrative organ that organized the hearing for decision. Article 18 The hearing investigation shall be conducted in the following order:
(1) The examiner of administrative license shall read out the administrative license decision to be made by the administrative organ, and the applicant and interested party shall make statements;
(2) the examiners of administrative license, the applicants of administrative license and the interested parties present evidence;
(3) Examiners of administrative license, applicants of administrative license and interested parties cross-examine.
according to the investigation process, the presiding hearer can ask the examiners, applicants and interested parties of the administrative license.
Examiners of administrative license, applicants for administrative license and interested parties may ask each other questions under the auspices of the presiding hearer.