The administrative organ shall notify the parties of the time and place of the hearing before the nu

Updated on society 2024-02-09
4 answers
  1. Anonymous users2024-02-06

    7 days in advance, the details are as follows:

    Administrative Punishment Law of the People's Republic of China

    Article 42: Before administrative organs make administrative punishment decisions such as ordering the suspension of production or business, revoking permits or licenses, or imposing a relatively large fine, they shall inform the parties that they have the right to request a hearing; Where parties request a hearing, the administrative organ shall organize a hearing. The parties shall not bear the costs of the administrative organ's organization of the hearing. Hearings are organized in accordance with the following procedures:

    1) Where a party requests a hearing, it shall be submitted within 3 days of being notified by the administrative organ;

    2) The administrative organ shall notify the parties of the time and place of the hearing 7 days before the hearing;

    3) Hearings are held in public, except where state secrets, commercial secrets, or personal privacy are involved;

    4) The hearing is to be presided over by a person designated by the administrative organ who is not the investigator of the case; Where the parties feel that the presiding officer has a direct interest in the case, they have the right to apply for recusal;

    5) The parties may attend the hearing in person, or may entrust one or two persons**;

    6) When holding a hearing, investigators submit facts, evidence, and recommendations for administrative punishment of the parties' violations; The parties make defenses and cross-examine evidence;

    7) A record shall be made of the hearing; The record shall be given to the parties to sign or affix a seal after being reviewed and corrected. Where parties have objections to administrative punishments restricting personal liberty, it is to be enforced in accordance with the relevant provisions of the Public Security Administration Punishment Law.

  2. Anonymous users2024-02-05

    According to the Administrative Punishment Law, the parties shall be notified seven days in advance of the holding of a hearing.

    Article 42 of the Administrative Punishment Law: Before administrative organs make administrative punishment decisions such as ordering the suspension of production or business, revoking permits or licenses, or imposing a relatively large fine, they shall inform the parties of their right to request a hearing; Where parties request a hearing, the administrative organ shall organize a hearing. The parties shall not bear the costs of the administrative organ's organization of the hearing. Hearings are organized in accordance with the following procedures:

    1) Where a party requests a hearing, it shall be submitted within 3 days of being notified by the administrative organ;

    2) The administrative organ shall notify the parties of the time and place of the hearing seven days before the hearing;

  3. Anonymous users2024-02-04

    Legal analysis: According to article 64 of the Administrative Punishment Law, the administrative organ shall notify the parties and relevant personnel of the time and place of the hearing seven days before the hearing.

    Legal basis: Article 64 of the "Administrative Punishment Law of the People's Republic of China" Hearings shall be organized in accordance with the following procedures:

    1) Where a party requests a hearing, it shall be submitted within 5 days of being notified by the administrative organ;

    2) The administrative organ shall notify the parties and relevant persons of the time and place of the hearing 7 days before the hearing is held;

    3) Hearings are to be held in public, except where state secrets, commercial secrets, or personal privacy are to be kept confidential in accordance with law;

    4) The hearing is to be presided over by a person designated by the administrative organ who is not the investigator of the case; Where the parties feel that the presiding officer has a direct interest in the case, they have the right to apply for recusal;

    5) The parties may attend the hearing in person, or may entrust one or two persons**;

    6) Where parties and their ** persons refuse to attend the hearing without a legitimate reason or withdraw from the hearing without permission, it is deemed to have waived the right to a hearing, and the administrative organ terminates the hearing;

    7) When holding a hearing, investigators submit facts, evidence, and recommendations for administrative punishment of the parties' violations, and the parties are to make defenses and debate evidence;

    8) A record shall be made of the hearing. The record shall be given to the parties or their persons to sign or affix a seal after verifying that there are no errors. Where the parties or their ** persons refuse to sign or affix their seals, the presiding officer of the hearing is to note this in the record.

  4. Anonymous users2024-02-03

    Legal analysis: If a party requests a hearing, it shall be submitted within three days after the administrative organ is notified.

    Legal basis: "Administrative Punishment Law of the People's Republic of China" Article 42: Administrative punishments shall be carried out by law enforcement personnel with administrative law enforcement qualifications. There must not be less than two law enforcement personnel, except as otherwise provided by law.

    Law enforcement personnel shall enforce the law in a civilized manner, respect and protect the lawful rights and interests of the parties.

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