How long does it take for the administrative organ to make a hearing decision after it receives an a

It seems that there are no clear provisions in the Administrative Licensing Law and the Punishment Law, but it only says how many working days the parties should apply for, and how many working days before the hearing authority should notify the parties before organizing the hearing. I looked at some other materials, most of them were formulated locally, almost all of them were 20 working days.

Legal analysis: The law does not require a hearing to be held within a few days of receiving an application for a hearing, but only requires that the hearing needs to be notified in advance, and the relevant laws provide that if a party requests a hearing, it shall be submitted within three days after the administrative organ informs it, and the administrative organ shall inform the party that it has the right to request a hearing before the administrative organ makes an administrative penalty decision such as ordering the suspension of production and business, revoking permits or licenses, or imposing a relatively large fine; Where parties request a hearing, the administrative organ shall organize a hearing.

Legal basis: Article 42 of the "Administrative Punishment Law of the People's Republic of China" Before an administrative organ makes an administrative punishment decision such as ordering the suspension of production and business, revoking permits or licenses, or imposing a relatively large fine, it 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 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 personnel designated by the administrative organ who are not investigators in 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 participate in 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 implemented in accordance with the relevant provisions of the Public Security Administration Punishment Regulations.

Legal Analysis: Administrative organs shall organize hearings within 20 days. If it is a hearing of administrative punishment, the law does not stipulate the time limit for decision, but the general administrative organ will make a decision as soon as possible, and the hearing record here is only used as a reference, and the hearing record of the administrative punishment and the hearing record need to be confirmed by the parties to be signed or sealed, and after signing or sealing, it means that the parties agree with the content, otherwise they can put forward opinions at the hearing.

The hearing opinion is a summary of the hearing record and the judgment of the rights and obligations of the parties, and it also needs to be signed or sealed by the parties after confirmation. It is sufficient to hear legal documents to be confirmed by the parties during the hearing, and there is no need to issue them to the parties after the meeting, but the penalty decision is to be served within a time limit, and if you are not satisfied with the decision, you may reconsider the decision or litigate.

Legal basis: Article 64 of the "Administrative Punishment Law of the People's Republic of China" The hearing 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 personnel of the time and place of the hearing 7 days before the hearing; (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 personnel designated by the administrative organ who are not investigators in 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 participate in the hearing in person, or may entrust one or two persons**; (6) Where the 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 administrative punishment recommendations for the parties' violations, and the parties conduct defenses and debates; (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.

Legal analysis: Where a party requests a hearing, it shall be submitted within 3 days of being notified by the administrative organ.

Legal basis: "Law of the People's Republic of China on Demolition, Demolition and National Administrative Punishments" Article 42: Before an administrative organ makes an administrative punishment decision such as ordering the suspension of production or business, revoking permits or licenses, or imposing a relatively large fine, it 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) 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 personnel designated by the administrative organ who are not investigators in 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 participate in 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 the administrative hardship penalty of restricting personal liberty, it is to be implemented in accordance with the relevant provisions of the Public Security Administration Punishment Regulations.

Where an administrative organ decides to give a hearing, it shall notify the person in charge of the errand and the time and place of the hearing 7 days before the hearing is held. The law stipulates that hearings shall be held in public, except when state secrets, commercial secrets, or personal secrets are involved.

Legal analysis: Where an application for a hearing is submitted within 3 days, and the parties request a hearing, they shall submit a request for a hearing to the law enforcement unit within 3 days of receiving the notice of hearing; If the request for a hearing is submitted by mail, the date of the postmark at the time of mailing shall prevail.

Legal basis: Administrative Punishment Law of the People's Republic of China Article 42: Before an administrative organ makes an administrative punishment decision such as ordering the suspension of production or business, revoking permits or licenses, or imposing a relatively large fine, the party shall be informed of the right to request a hearing; Where parties request a hearing, the administrative organ shall organize a hearing.