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Interim Provisions on Administrative Review Procedures of People’s Governments at All Levels of Xiamen City

Article 1: In order to ensure that administrative reconsideration agencies handle reconsideration cases legally, accurately and timely, and to improve the quality and efficiency of case handling, these regulations are formulated in accordance with the "Administrative Reconsideration Regulations". Article 2 These regulations shall apply to the administrative reconsideration cases handled by the people's governments at all levels in this city. Article 3: Reconsideration agencies handle reconsideration cases in accordance with the law and are not subject to illegal interference by other agencies, social groups and individuals. Article 4 When handling reconsideration cases, the provisions on the time limit for reconsideration set forth in relevant laws and regulations shall be strictly observed. The specific time limit for the review personnel to handle the case shall be determined by the person in charge of the review agency within the statutory review time limit. Article 5 The application for reconsideration submitted by the applicant shall be registered by the reconsideration agency and the "Registration Form for Application for Administrative Reconsideration" shall be filled in.

If the applicant applies for reconsideration orally, the reception staff of the reconsideration agency can make a transcript and have the applicant sign and seal it; the applicant can also be informed to submit a written application within a time limit. If the applicant fails to submit it within the time limit, Considered as not applying. Article 6 If the applicant delays the statutory application deadline due to force majeure or other special circumstances and applies for an extension of the deadline within ten days after the obstacles are removed, the review personnel shall provide an opinion on whether to grant permission and prepare a "Ruling Approving the Extension of the Reconsideration Application Time Limit" after the review and approval by the review authority. ” and the “Decision of Refusal to Extend the Time Limit for Reconsideration Application” were served to the parties. Article 7 Reconsideration applications shall be reviewed by review personnel designated by the person in charge of the review agency. The review scope includes:

(1) Whether it meets the conditions for application for review stipulated in Article 31 of the "Administrative Review Regulations";

(2) Whether it meets the application deadline stipulated in Article 29 of the "Administrative Reconsideration Regulations";

(3) Whether a lawsuit has been filed with the People's Court and whether the People's Court has accepted it;

(4) Whether to apply for reconsideration to more than two review agencies;

(5) Other contents that must be reviewed.

Reconsideration personnel review the reconsideration application and may question the parties.

Reconsideration personnel shall review the reconsideration application within three days and fill in their opinions on whether to accept the application and the reasons for it in the "Administrative Reconsideration Filing and Approval Form". The person in charge of the reconsideration agency shall give instructions within two days. Article 8 After the "Approval Form for Administrative Reconsideration Filing" has been approved, the review personnel shall prepare the "Notice of Acceptance of Administrative Reconsideration", "Notice of Supplementary Reconsideration Application" or "Notice of Reconsideration" within four days according to the approval, and serve the application. people. Article 9 If the review personnel find that the case accepted does not fall under the jurisdiction of the review agency, they should prepare a "Junioral Letter of Transfer to Jurisdiction for Administrative Review" after receiving instructions from the person in charge of the review agency, and together with the review application documents, transfer the case to the review agency with jurisdiction. Article 10: If a higher-level review agency discovers that a lower-level review agency has a dispute over review jurisdiction and cannot reach an agreement through negotiation, the review personnel shall put forward opinions and report to the person in charge of the review agency for instructions, prepare a "Notice of Designated Jurisdiction for Administrative Review", and notify the jurisdictional review agency. Article 11: For a reconsideration case accepted by the reconsideration agency, the person in charge of the reconsideration agency shall designate two or more reconsideration personnel to hear the case, and designate one of them as the person in charge. Article 12 The review personnel shall send a copy of the review application and the "Notice of Acceptance of Administrative Review" to the respondent within seven days from the date of accepting the review case, and inform the respondent to submit a defense within ten days from the date of receipt of the above documents. Documents, evidence of specific administrative actions, normative documents based on them and other relevant materials. Article 13: Reconsideration personnel shall carefully review and identify all materials provided by the parties and make review records. If it is believed that the facts are unclear and the evidence is insufficient, the review participants and relevant units and individuals may be required to provide or supplement evidence, and investigations and evidence collection may also be conducted.

Investigation and evidence collection should follow the principles of legality, truthfulness, objectivity and comprehensiveness.

The evidence must be verified by the reconsideration agency before it can be used as the basis for finalizing the case. Article 14 The reconsideration agency may send personnel to investigate or entrust relevant units to investigate. When entrusting an investigation, a "Letter for Entrusting Investigation" should be prepared.

Before the investigation, investigators should formulate an investigation plan and implement it after approval by the person in charge of the review agency. There should be no less than two investigators. They should present their certificates to the person under investigation and explain the reasons. An investigation record should be prepared and signed or sealed by the investigator and the person under investigation respectively. When making a transcript of the inquiry, the original words should be recorded, and both parties to the question and answer should sign or seal the transcript respectively.

If on-site inspection is required, the relevant personnel should prepare an "Administrative Reconsideration On-site Inspection Record". Article 15 The investigator shall not affirm or deny the circumstances and evidence provided by the person under investigation in person. Keep confidential information and evidence involving state secrets, personal privacy and other matters that should not be disclosed. Article 16: When collecting testimony, the responsibilities and requirements for producing evidence must first be explained to the witness. If the witness requests to change the testimony, it shall be allowed, but the reason for the change must be stated at the same time. The original certificate cannot be returned.

When collecting testimony, you must fill in the "Proof Materials". Article 17 To extract physical evidence, the original object must be obtained. If it is indeed impossible to obtain the original object, it shall be photographed, photocopied or copied.

Physical evidence must indicate the source, the time when the evidence was collected, the name of the original owner and the person who collected the evidence.

When the reconsideration personnel extract high-value items as physical evidence, they should go through the handover procedures and prepare a "Record of Extraction of Physical Evidence". Article 18 When a party applies for evidence preservation or the reconsideration agency deems that evidence preservation is needed, the reconsideration personnel shall put forward opinions, reasons and plans, and organize the implementation after approval by the person in charge of the reconsideration agency.