About the time limit for applying for administrative reconsideration proceedings

Hello, you asked the question, I didn't understand, I will reply to you with the relevant legal provisions, if you still don't understand, you can ** consult. According to Article 9 of the Administrative Reconsideration Law, if a citizen, legal person or other organization believes that a specific administrative act has infringed upon its legitimate rights and interests, it may file an application for administrative reconsideration within 60 days from the date on which it becomes aware of the specific administrative act; However, this does not apply if the time limit for application exceeds 60 days as prescribed by law. If the statutory application time limit is delayed due to force majeure or other legitimate reasons, the application shall continue to be counted from the date on which the obstacle is removed.

Article 15 makes a corresponding supplement, which stipulates that the calculation of the time limit for applying for administrative reconsideration as provided for in the first paragraph of Article 9 of the Administrative Reconsideration Law shall be handled in accordance with the following provisions: (1) Where a specific administrative act is taken on the spot, it shall be calculated from the date on which the specific administrative act is taken; (2) Where legal documents indicating specific administrative acts are directly served, it is calculated from the date on which the recipient signs for receipt; (3) Where legal documents indicating specific administrative acts are served by mail, it is calculated from the date on which the recipient signs on the mail receipt; If there is no mail receipt, it is calculated from the date on which the recipient signs the receipt of service; (4) Where specific administrative acts are notified to the recipient in the form of a public announcement in accordance with law, it is calculated from the date on which the time period provided for in the announcement is completed; (5) Where an administrative organ fails to inform a citizen, legal person, or other organization when taking a specific administrative act, and supplements the notification after the fact, it is calculated from the date on which the citizen, legal person, or other organization receives the notice of the administrative organ's supplemental notification; (6) Where the respondent can prove that citizens, legal persons, or other organizations were aware of the specific administrative act, it is calculated from the date on which the evidence proves that they knew the specific administrative act. Where an administrative organ takes a specific administrative act and fails to deliver a legal document that should be served on the relevant citizen, legal person, or other organization in accordance with law, it is deemed that the citizen, legal person, or other organization is unaware of the specific administrative act.

Lawyer Qin Hongmei.

This refers to the fact that if the applicant asks an administrative agency to perform a statutory duty, but the administrative agency fails to perform it. And there is no time limit for administrative organs to be fulfilled by laws and regulations. After 60 days from the date on which the applicant requests the administrative agency to perform its statutory duties.

If the administrative organ still fails to perform, it may apply for administrative reconsideration.

Time limit for applying for administrative reconsideration: According to the Administrative Reconsideration Law of the People's Republic of China, the time limit for early administrative reconsideration is 60 days. It is calculated from the date on which the specific administrative act is known.

However, if the statutory application time limit is delayed due to force majeure or other reasons, the application time limit shall continue to be calculated from the date on which the obstacle is removed.

Time limit for applying for administrative review.

Legal Analysis: The time limit for administrative reconsideration is 60 days, which is calculated from the date on which the specific administrative nuclear act is known. However, if the statutory application time limit is delayed due to force majeure or other reasons, the application time limit shall continue to run from the date on which the obstacle is removed.

Legal basis: According to Article 9 of the Administrative Reconsideration Law of the People's Republic of China, if a citizen, a blind prosecutor or other organization believes that a specific administrative act infringes upon its legitimate rights and interests, it may submit an application for administrative reconsideration within 60 days from the date on which it becomes aware of the specific administrative act; However, the application period stipulated by law exceeds 60 days.

Where the statutory application time limit is delayed due to force majeure or other legitimate reasons, the application time limit shall continue to be calculated from the date on which the obstacle is removed.

Legal Analysis: The time limit for applying for administrative reconsideration is 60 days. The time limit for a citizen to file an administrative reconsideration is 60 days from the date on which he or she becomes aware of the specific administrative act; However, if the time limit for application prescribed by law exceeds 60 days, such time limit shall prevail.

Legal basis: Article 9 of the Administrative Reconsideration Law of the People's Republic of China Where a citizen, legal person or other organization believes that a specific administrative act infringes upon its lawful rights and interests, it may file an application for administrative reconsideration within 60 days from the date on which it becomes aware of the specific administrative act; However, the application period stipulated by law exceeds 60 days.

Where the statutory application period is delayed due to unavoidable age majeure or other legitimate reasons, the application period shall continue to be calculated from the date on which the obstacle is removed.

2. Scope of acceptance: dissatisfaction with the administrative punishment decision of the lower-level administrative organ of the Personnel Bureau, dissatisfaction with the administrative licensing adjustment decision, and the consideration of its infringement, failure to perform obligations, and inaction. For applications for administrative reconsideration that do not fall within the scope of acceptance, notify the applicant in writing that they will not be accepted; For administrative reconsideration applications that do not fall within the scope of acceptance by this organ, inform the applicant to submit them to the relevant administrative reconsideration organ.

3. Application method: The applicant shall submit it to the Municipal Personnel Bureau.

4. Time limit for applying for administrative reconsideration within 60 days from the date of becoming known.

V. Application Materials1 The basic information of the applicant, including the applicant's name, gender, age, occupation, address and work unit, etc.; or the name, address, name, position, etc. of other organizations. 2. The name and address of the respondent. 3. Requests and grounds for applying for administrative reconsideration.

The request mainly includes the specific administrative act of the respondent to be revoked or changed, the statutory duties to be performed by the respondent, and the compensation to be given by the respondent. The reasons mainly include facts such as the time and place of the respondent's specific administrative act, the legal basis corresponding to the request and the necessary evidence. 4 Time to apply for administrative review.

6. The time limit for trial is to make an administrative reconsideration decision within 60 days from the date of acceptance of the application, except where it is less than 60 days as prescribed by law. Where the situation is complicated, with the approval of the responsible person of that organ, the time limit for making an administrative reconsideration decision may be appropriately extended, but must not exceed 30 days at most.

7.1 Served on the spot after reading; 2. Service in the absence of the parties may be served on the parties within 7 days after the administrative reconsideration decision is made in accordance with the provisions of the Civil Procedure Law. Specifically, there are 6 forms of service.

1) Direct service;

2) service in lien;

3) Entrusted service; Delivery by post; Delivery of service; Announcement served.

8. The respondent shall conscientiously perform the administrative reconsideration decision, and the time limit for performance shall be calculated from the date on which the respondent receives the administrative reconsideration decision, and shall generally not exceed 7 working days. If the respondent has any objection to the administrative reconsideration decision, it may submit it to the Provincial Personnel Bureau, but it does not affect the implementation of the administrative reconsideration decision. If the respondent does not perform the administrative reconsideration decision, the Municipal Personnel Bureau shall issue a notice of order to perform, ordering it to perform within a time limit, and the respondent shall perform within 7 days from the date of receipt of the notice.

If the applicant is not satisfied with the administrative reconsideration decision, he may file an administrative lawsuit with the people's court, and if the applicant does not meet the statutory time limit, he or she shall consciously perform the administrative reconsideration decision. If the applicant fails to prosecute and fails to perform the administrative reconsideration decision within the time limit, or fails to perform the final judgment of the administrative reconsideration decision, the Municipal Personnel Bureau may apply to the people's court for compulsory enforcement in conjunction with relevant departments in accordance with the law.

1. How long is the time limit for applying for administrative reconsideration?

1. The time limit for applying for administrative reconsideration is 60 days. If a citizen, legal person or other organization believes that a specific administrative act infringes upon itself, it may submit an application for reconsideration to the administrative reconsideration organ in accordance with the law, and the time limit for such application is generally 60 days, except as otherwise provided by law.

2. Legal basis: Article 3 of the Administrative Reconsideration Stool Law of the People's Republic of China.

Administrative organs performing administrative reconsideration duties in accordance with this Law are administrative reconsideration organs. The organs responsible for the legal work of the administrative reconsideration organs shall specifically handle administrative reconsideration matters and perform the following duties:

1) Accept applications for administrative reconsideration;

2) Investigate and collect evidence from relevant organizations and personnel, and consult documents and materials;

3) To examine the legality and appropriateness of the specific administrative act for which administrative reconsideration is applied, and to formulate an administrative reconsideration decision;

4) Handling or transferring applications for review of the relevant provisions listed in Article 7 of this Law;

5) Submit recommendations for handling administrative organs' violations of the provisions of the Law in accordance with the scope of authority and procedures provided;

6) Handling matters in response to administrative litigation arising from dissatisfaction with administrative reconsideration decisions;

7) Other duties provided for by laws and regulations.

Personnel engaged in administrative reconsideration for the first time in administrative organs shall obtain legal professional qualifications through the National Unified Legal Profession Qualification Examination.

2. What are the procedures for applying for administrative reconsideration?

1. The applicant submits an application for reconsideration;

2. After accepting the application, the reconsideration organ shall send a copy or photocopy of the reconsideration application to the respondent within seven days;

3. After receiving the relevant information, the respondent shall submit a written reply within 10 days;

4. The reconsideration organ shall conduct examination and investigation, and put forward and pass the reconsideration opinion.