深圳经济特区行政处罚听证程序试行规定 Proposed Rules of Shenzhen Special Economic Zone on the Hearing Procedures of the

pplications ahead of the end of hearing.

　　The person who is applied to withdraw shall temporarily stop participating in the hearing work before the administrative organization makes the decisions on whether he shall withdraw or not.

　　Article 14 The withdrawal of chief hearing person and sole hearing person shall be decided by the director of the administrative organ； The withdrawal of other personnel shall be decided by the chief hearing person or sole hearing person.

　　Article 15 For the application of withdrawal filed by the parties， the administrative organ shall make written decision within 3 days from the date when the application is filed. If the applicant is not satisfied with the decision， he may apply for reconsideration， which shall be granted only once， when receiving the decision. During the period of reconsideration， the person who is applied to withdraw shall not stop participating in the hearing work. The administrative organ shall make the reconsideration decision to the application of reconsideration and inform the applicant of reconsideration within 3 days.

　　Chapter Ⅲ The Participants of Hearing

　　Article 16 The participants of hearing refer to the party and his agent ad litem， investigating personnel of the case， the third party， witness， expert witness， inspector and interpreter.

　　Article 17 The participants of hearing shall attend the hearing meeting at the time and location appointed by the administrative organ， observe the hearing discipline， and answer the questions of chief hearing person， hearing person or sole hearing person truly.

　　The parties failing to attend the hearing meeting without reasons shall be considered to disclaim the hearing right.

　　Article 18 The parties refer to the citizens， legal persons or other organizations who are notified in advance that they will be imposed the administrative penalty.

　　Other citizens， legal persons or organizations having interests in the hearing case may apply for participating in hearing to the chief hearing person or sole hearing person as the third parties or may be informed to partic

ipate in hearing by the chief hearing person or sole hearing person.

　　Article 19 For any person having no disposing capacity， his guardian shall represent him to participate in hearing as his legal agent. If the legal agents prevaricate their representing duties， the administrative organ shall appoint one of them to represent the party to participate in hearing.

　　Article 20 The party， third party and legal agent may authorize one or two persons to be the agents ad litem of hearing， besides they participate in hearing by themselves.

　　A lawyer or other citizens may be authorized as the agent ad litem of hearing.

　　If the administrative penalties to be imposed may cause important influences on the party‘s interests， while the party can’t afford to retain a lawyer as his agent ad litem， the administrative organ shall appoint a lawyer as his agent ad litem. If the party would not accept， he may refuse. The agency fee for the appointed lawyer shall be born by the administrative organ.

　　Article 21 If the participants of hearing authorize others as agent ad litem to participate in hearing， they shall submit the authorized letter of attorney signed or sealed by the principal to the administrative organization.

　　The authorized letter of attorney shall clearly state the entrusted matters.

　　The authorized letter of attorney delivered through post or delegation from abroad by the citizens of the People‘s Republic of China residing abroad， foreigners and foreign legal persons or other organizations shall be certified by the embassy or consulate of the People’s Republic of China in this country； If there is no embassy or consulate， it shall be certified by the embassy or consulate of a third country that has diplomatic relation with the People‘s Republic of China， then be certified by the embassy or consulate of the People’s Republic of China in the third country or be certified by a local patriotic overseas Chinese organization.

　　Article 22 If the party or third party revokes the power of the agent ad litem in hearing， he shall inform the administrative organ in writing.

　　Article 23 The party enjoys the following rights：

　　（1） to claim or disclaim a hearing；

　　（2） to apply for withdrawal；

　　（3） to authorize a lawyer or other person to act as the agent ad litem in hearing；

　　（4） to state， adduce evidence， cross-examine and defend himself；

　　（5） to check and approve the records of hearing；

　　（6） to acquire all the copies of the case files at cost price.

　　Article 24 The investigating personnel of a case refer to the personnel of a certain administrative organ who investigate and obtain the evidence of the administrative case.

　　During the hearing， the investigating personnel of the case shall put forward the facts and evidences proving that the party has violated the law， and the suggestions of administrative penalties to that the hearing procedures shall be applied， cross-examine and debate with the parties and their agent ad litems.

　　Article 25 All units and individuals knowing the facts of a case have the obligation to attend the hearing meeting. The person in charge of relevant units shall support the witnesses to give testimony. If the witness has difficulty indeed and cannot participate in hearing， he may submit a written testimony.

　　The person having no disposing capacity shall not give testimony.

　　Article 26 The legal verification institution or the verification institution and expert witness appointed by the administrative organ have rights to get known the materials of the case needed for verification， and may inquire of the party and witness when necessary.

　　The verification institution and expert witness shall submit a written verification conclusion signed or sealed by them. If it is verified by the expert witness， the verification conclusion shall be s

ealed by the unit that the expert witness belongs to in order to prove the identity of the expert witness.

　　Chapter Ⅳ Notification， Application of Hearing and Acceptance

　　Article 27 If the administrative organ plans to impose administrative penalties to that the hearing procedures shall be applied， it shall notify the party that he has the rights to demand a hearing. The party shall be notified in the way of serving a written notification of hearing.

　　The written notification of hearing shall clearly list the following matters：

　　（1） the name or title of the party；

　　（2） the abstract of the party‘s malfeasance， legal basis of administrative penalty and the planned administrative penalty；

　　（3） the right of the party to be heard；

　　（4） the period of applying for hearing and the department organizing the hearing.

　　The written notification of hearing shall be sealed by the administrative organization.

　　The written notification of hearing may be directly served or served through delegation or registered mail. If the party signs for it， he shall fill in the receipt for service. The administrative organization shall bear the burden of proof for the service.

　　Article 28 If the party demands a hearing， he shall file a written application within 3 days from receipt of the written notification of hearing. If the party files the application through the registered mail， the time of applying shall be the date on which the mail is sent. If the period for applying is delayed for force majeure or other special circumstances， the party may apply for extending the period within 3 days from the date on which the impediment vanishes. The administrative organ shall decide whether to extend the period or not.

　　If the party disclaims the right of hearing in writing or fails to file the application of hearing within the prescribed period， he shall not again apply for hearing regarding the same case.

　　Article 29 If the party applies for hearing， the administrative organ shall accept it and issue the receipt of acceptance， except that the application has exceeded the period. If the application shall not be accepted according to the laws， regulations and these rules， the administrative organ shall notify the party in writing within 3 days that the hearing is not granted.

　　Chapter Ⅴ The Holding of Hearing

　　Article 30 If the administrative organ decides to grant hearing， it shall notify the investigating personnel to prepare the written recommendation for administrative penalty. The written recommendation for administrative penalty shall abstract and explicitly record the main facts of the violation to law， titles of evidences and suggestions of penalty. The chief hearing person or sole hearing person shall determine the time， location and way to hold the hearing within 3 days from the date on which the party applies for hearing， and serve the notice of hearing on the party and the third party within 7 days before the hearing is held.

　　The notice of hearing shall include the following contents：

　　（1） the name or title of the party；

　　（2） the time and location of the hearing to be held， the malfeasances and main matters involved in hearing， and legal basis；

　　（3） the name and work unit of the hearing person；

　　（4） the party‘s rights and obligations in hearing；

　　（5） the matters that the party preparing the evidences and informing the witness.

　　A duplicate of the written recommendation for administrative penalty prepared by the investigating personnel o

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