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Provisions of Taiyuan Municipality on Administrative Reconsideration
Chapter I General Provisions Article 1 In order to further standardize the work of administrative reconsideration and give full play to the role of the administrative reconsideration system in resolving administrative disputes and social contradictions, these Provisions are formulated in accordance with the Administrative Reconsideration Law of People's Republic of China (PRC) and the Regulations for the Implementation of the Administrative Reconsideration Law of People's Republic of China (PRC), and combined with the actual situation of this Municipality. Article 2 These Provisions shall apply to administrative reconsideration matters handled by administrative reconsideration organs at all levels in this Municipality. Article 3 The administrative organ that performs the duties of administrative reconsideration according to law is the administrative reconsideration organ. The administrative reconsideration organ shall be responsible for the legal affairs (hereinafter referred to as the administrative reconsideration organ) to specifically handle administrative reconsideration matters. Article 4 The administrative reconsideration organ shall establish and improve the administrative reconsideration institution according to law. The people's governments of cities and counties (cities, districts) shall refer to the power allocation of the people's courts at the same level in handling administrative cases, equip, enrich and adjust full-time administrative reconsideration personnel, establish and improve the places for handling cases, and include the funds required for administrative reconsideration activities in the administrative expenses of the organ to ensure that the handling capacity of the administrative reconsideration institution is compatible with the work tasks. Article 5 The results of handling administrative reconsideration cases shall be used as one of the bases for assessing the respondent's administration according to law and administrative accountability. Chapter II Application Article 6 A citizen, legal person or other organization that refuses to accept a specific administrative act and applies for administrative reconsideration according to law is the applicant, and the organ that has undertaken the specific administrative act is the respondent.

If the applicant wrongly lists the respondent, the administrative reconsideration institution shall inform it of the change; If the applicant does not agree to the change, his application will not be accepted. Seventh of the county (city, district) people's government to set up a non permanent organization refuses to accept the specific administrative act, apply to the people's government at the next higher level for administrative reconsideration. Article 8 Where an applicant submits an application for administrative reconsideration and related materials by fax or e-mail, the administrative reconsideration institution shall inform the applicant to submit the original materials within 10 days after receiving the application. Article 9 The time required by the administrative reconsideration institution for the applicant to supplement the application materials shall not be included in the hearing period of administrative reconsideration. Article 10 Upon receiving a complaint that meets the acceptance conditions for administrative reconsideration, the petition department shall inform the complainant to apply for administrative reconsideration to the relevant administrative reconsideration organ according to law. Chapter III Acceptance of Article 11 If the application materials for administrative reconsideration meet the acceptance conditions after examination, the administrative reconsideration institution shall serve the Notice of Acceptance of Administrative Reconsideration Application to the applicant within five working days from the date of receipt; Within seven working days from the date of acceptance, the respondent shall be served with the Notice of Reply to Administrative Reconsideration.

If the application matters are within the scope of administrative reconsideration, but not under the jurisdiction of this organ, the organ that receives the application materials shall inform the applicant to apply to the competent organ within five working days. Article 12 The respondent shall, within 10 days from the date of receiving the Notice of Reply to Administrative Reconsideration, submit an administrative reconsideration reply to the administrative reconsideration institution, including the following main contents:

(a) the name and address of the respondent, the name and position of the legal representative;

(2) The factual and legal basis for the specific administrative act of the respondent;

(three) the applicant's request for administrative reconsideration and the facts and reasons for the defense and proof;

(four) explain the opinions on the specific administrative act, such as maintaining, rejecting the application for administrative reconsideration, and conducting administrative reconsideration mediation;

(5) Time for reply. The evidence, basis and other relevant materials submitted by the respondent shall be bound into a book, with a catalogue and explanations. Article 13 When an administrative organ conducts a specific administrative act, it shall serve legal documents on the relevant citizens, legal persons or other organizations according to law. If a party applies for administrative reconsideration without making or serving legal documents, which can prove the existence of a specific administrative act and meet the statutory acceptance conditions, the administrative reconsideration institution shall accept it. Article 14 If there are more than five applicants for the same administrative reconsideration case, 0 to 5 representatives shall be elected to participate in the administrative reconsideration within five working days from the date of acceptance. The behavior of the representative has legal effect on the principal, but the change, waiver, reconciliation or withdrawal of the application for administrative reconsideration shall be subject to the consent of the principal. Fifteenth during the administrative reconsideration, the administrative reconsideration institution believes that citizens, legal persons or other organizations other than the applicant have an interest in the specific administrative act under review, and may notify them to participate in the administrative reconsideration as a third party. If the time for notifying the third party to participate does not exceed ten days, it will not be included in the legal trial period.

The third party's non-participation in administrative reconsideration shall not affect the trial of administrative reconsideration cases. Article 16 If the applicant thinks that the administrative reconsideration organ refuses to accept the application for administrative reconsideration without justifiable reasons, he has the right to appeal to the administrative reconsideration organ at the next higher level. If the reasons for not accepting the case are not established after examination, it shall be ordered to accept it within five working days. Seventeenth administrative reconsideration organ at a higher level shall order the administrative reconsideration organ at a lower level to accept it but not accept it or think it necessary to accept it directly, and the administrative reconsideration organ at a higher level may accept it directly. Eighteenth administrative reconsideration procedures prescribed by laws and regulations. If a party directly brings an administrative lawsuit without administrative reconsideration, and the people's court decides not to accept or reject it, the period from the date of prosecution to the effective date of legal documents shall not be included in the application period for administrative reconsideration. Nineteenth the applicant for the same specific administrative act to the people's court administrative proceedings have been accepted and filed an application for administrative reconsideration, the administrative reconsideration institution shall not accept it; If it has been accepted, the administrative reconsideration shall be terminated.