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Guiyang Municipal People’s Government Administrative Review Case Handling Procedure Provisions

Article 1 In order to safeguard and supervise the exercise of powers by administrative agencies in accordance with the law, prevent and correct illegal or inappropriate specific administrative actions, and protect the legitimate rights and interests of citizens, legal persons and other organizations, according to the "Regulations on Administrative Reconsideration" of the State Council, These regulations are formulated based on the actual situation of this city. Article 2: The handling of administrative reconsideration cases shall follow the principles of legality, timeliness, accuracy and convenience. Article 3 The Administrative Reconsideration Response Office of the Guiyang Municipal People’s Government is the government reconsideration agency at the same level, responsible for handling administrative reconsideration cases of the government at the same level, and performing the following duties:

(1) Review whether the reconsideration application meets the statutory conditions;

(2) Investigate and collect evidence, review documents and information from both parties to the dispute, relevant units and relevant personnel;

(3) Organize the hearing of reconsideration cases;

( 4) Drafting reconsideration decisions;

(5) Being entrusted by the government’s legal representative, appearing in court to respond to lawsuits;

(6) Other duties stipulated by laws and regulations.

The Municipal People’s Government’s Administrative Reconsideration Response Office should designate a dedicated person to handle administrative reconsideration cases. Article 4 Citizens, legal persons or other organizations that apply to the Municipal People's Government for administrative reconsideration in accordance with the provisions of the "Administrative Reconsideration Regulations" shall submit the application within 15 days from the date of learning of the specific administrative act, unless otherwise provided for by laws and regulations. Article 5: Applicants applying for reconsideration to the Municipal People's Government shall submit a reconsideration application.

The reconsideration application shall state the following:

(1) Applicant’s name, gender, age, occupation, address, etc. (name, address, legal representative of the legal person or other organization (the name of the person);

(2) The name and address of the respondent;

(3) The requirements and reasons for applying for reconsideration;

(4) The date the application for reconsideration was filed. Article 6 The Municipal People’s Government’s Administrative Reconsideration Responding Office shall submit review opinions within three days from the date of receipt of the review application and report them to the leaders of the municipal government for review; within ten days, the review application shall be handled as follows:

(1) If the reconsideration application complies with the provisions of the "Administrative Reconsideration Regulations", it shall be accepted;

(2) If the reconsideration application does not comply with the provisions of Article 31 of the "Administrative Reconsideration Regulations", the ruling shall not be accepted and the decision shall be made. Reasons for the notification;

(3) If the reconsideration application does not specify one of the contents of paragraph 2 of Article 5 of these Regulations, the reconsideration application will be returned to the applicant and he or she shall make corrections within a time limit. If no correction is made within the time limit, Considered as not applying. Article 7: For an administrative reconsideration case that is decided to be accepted, the Municipal Government’s Administrative Reconsideration Response Office shall fill out the “Reconsideration Case Acceptance Notice”. The applicant shall be notified within seven days from the date of acceptance, and within ten days from the date of receipt of a copy of the reconsideration application, relevant materials or evidence for specific administrative actions shall be submitted to the Municipal Government's Administrative Reconsideration Response Office, and a written defense shall be submitted. Failure to respond within the time limit will not affect the reconsideration.

For applicants who do not respond, the Municipal Government’s Administrative Reconsideration Responding Office may notify and criticize their legal representatives. Article 8 During the period of review, the execution of specific administrative acts will not be suspended, but execution may be suspended if one of the following circumstances occurs:

(1) The respondent believes that execution needs to be suspended;

(2) The municipal government believes that execution needs to be suspended;

(3) The applicant applies to suspend execution, and the municipal government considers the request to be reasonable and decides to suspend execution. Article 9: The Municipal Government’s Administrative Reconsideration Response Office hears reconsideration cases based on laws, administrative regulations, local regulations, rules, and generally binding decisions and orders formulated and issued by superior administrative agencies in accordance with the law. Article 10 The municipal government administrative reconsideration office shall formulate a reconsideration decision within one and a half months from the date of receipt of the reconsideration application, submit it to the municipal government secretary-general for review, and forward it to the mayor or deputy mayor in charge for review and approval, and make a decision within two months Reconsideration decision. Except as otherwise provided by laws and regulations. Article 11 When the municipal government makes a reconsideration decision, it shall prepare a reconsideration decision letter. The reconsideration decision letter shall be signed by the mayor or the client, and shall be stamped with the special seal of the municipal government for administrative reconsideration. Article 12 The Municipal Government’s Administrative Reconsideration Responding Office shall deliver the review decision within three days after the review decision is made.

The service of the reconsideration decision must be accompanied by a delivery receipt. The recipient shall record the date of receipt on the delivery receipt and sign or seal it. Article 13 Except for the final review stipulated by law, if the applicant is dissatisfied with the review decision, he may file a lawsuit with the People's Court within fifteen days from the date of receipt of the review decision, or within other time limits stipulated by laws and regulations. Article 14 If the respondent refuses to perform the reconsideration decision, the municipal government may directly or recommend the relevant departments to impose administrative sanctions on its legal representative. Article 15: Review personnel shall be honest and honest and handle cases impartially. If they neglect their duties or engage in malpractice for personal gain, the municipal government shall criticize and educate them or impose administrative sanctions; if the circumstances are serious enough to constitute a crime, they shall be held criminally responsible in accordance with the law.