Provisions on the Procedures for Hearings Involving Agriculture Administrative License
Provisions on the Procedures for Hearings Involving Agriculture Administrative License
Provisions on the Procedures for Hearings Involving Agriculture Administrative License
Order of the Ministry of Agriculture[2004] No. 35
June 28, 2004
The Provisions on the Procedures for Hearings Involving Agriculture Administrative License, which were deliberated and adopted at the 23rd executive meeting of the Ministry of Agriculture, on June 25, 2004, are hereby promulgated. They shall take effect on July 1, 2004.
Minister: Du Qinglin
Provisions on the Procedures for Hearings Involving Agriculture Administrative License
Chapter I General Provisions
Article 1 The present Measures are hereby formulated, in accordance with the Administrative Licensing Law of the People's Republic of China, to regulate the procedures for hearings involving agriculture administrative license, and to protect the legal rights and interests of citizens, legal persons and other organizations.
Article 2 The present Provisions shall apply to the holding of hearings, in accordance with the law, by administrative departments of agriculture to draft laws and regulations, and ministerial rules of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government, and to implement administrative license.
Article 3 A hearing shall be organized by the organs of legal affairs under the administrative departments of agriculture. The presiding official of a hearing, and the hearing official, shall be appointed by the functionary of the administrative department of agriculture.
Article 4 The principle of openness, fairness and justness shall be followed during a hearing.
Chapter II Establishment of Hearings Involving Administrative License
Article 5 If an administrative department of agriculture drafts laws, regulations and/or ministerial rules of the people's governments of the provinces, autonomous regions and/or municipalities directly under the Central Government, and plans to establish administrative license, it may solicit opinions, by way of hearing, before referring the draft to the legislature for discussion.
Article 6 The administrative department of agriculture shall issue a public notice on the contents of a hearing - such as the matters for the hearing, the ways, conditions and terms of signing up for the hearing - 30 days prior the hearing.
Article 7 Any citizen, legal person or other organization meeting the requirements, outlined by the administrative department of agriculture, may apply to attend the hearing, or may elect representatives to attend the hearing.
The administrative department of agriculture shall determine a proper proportion of representatives - from those who signed up for the hearing, and who meet the requirements - to attend the hearing. And the representatives shall have
universality and representation, and the name list of the representatives shall be announced to the general public.
The administrative department of agriculture shall serve the notice and documents of hearing to the representatives 7 days prior to the hearing.
Article 8 These procedures shall be followed for a hearing:
1.
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