I. Conditions of Application for Hearing of witnesses
A client may apply for hearing of witnesses on the following administrative punishments made by the environment protection authorities. In case of an application by a client, the environment protection organization should arrange the hearing of witnesses. The costs for the arrangements of the hearings will be the responsibility of the environment protection authorities.
(I) The suspension or revoking of license;
(II) Fine payments above the sum of RMB 40,000;
(III) Forced suspension of production or utilization
II. Time Limits for Hearing of witnesses Applications: The clients are supposed to raise the application within 3 days after receiving the letter of notification.
III. Procedures for Arrangement of Hearing of witnesses
For the cases that meet the conditions for hearing of witnesses or the cases in which the client requests hearing of witnesses, the environment protection authorities should make arrangements for the hearing of witnesses. The client will not be responsible for any costs involved in the hearing of witnesses arrangements. The hearing of witnesses will be carried out in the following procedures:
(I) The client makes an application for hearing of witnesses, which should be accepted as long as it meets the specified conditions for hearings.
(II) The members of the hearing of witnesses team are to be determined, which should be done within 7 days after the acceptance of the application for hearing of witnesses. The team shall be composed of the legal administrative staff of the environment protection bureau and of the investigators not relevant to the case. The number of team member should be in odd number above 3. The recorder will be one of the investigators of the current case, who is not a member of the hearing of witnesses team.
(III) 7 days before the holding of the hearing of witnesses, the client, the investigating organization and other related persons are notified of the time, location, member composition of the hearing of witnesses team, and the name of the recorder of the hearing of witnesses.
(IV) Application for challenge system. In the case that the client thinks that any of the members of the hearing of witnesses team or the recorder has direct relationship of interests with the case, he may raise an application for the execution of the challenge system. In the case that any of the members of the hearing of witnesses team or the recorder has direct relationship of interests with the case, he may raise an application for the execution of the challenge system, which should be approved by the leadership. The Director of the Bureau may request the execution of the challenge system to any of the members of the hearing of witnesses team or the recorder who has direct relationship of interests with the case. The challenge system against the presiding person of the hearing of witnesses should be determined by the Director of the Bureau, while the challenge system against the other team member of the recorder will be determined by the person presiding over the hearing of witnesses.
(V) The hearing of witnesses are to be held in an open and public way except for the cases involving state secrets, business secrets or personal privacy.
(VI) The client may attend the hearing of witnesses in person, or authorize one or two agents to act on his behalf. The authorization of agents should be done in written form, which specifies the items of authority and entrusted matters. Upon the beginning of the hearing of witnesses, the team shall verify the authenticity of the letter of authorization.
(VII) During the hearing of witnesses, the investigators shall make the accusation against the client for legal offenses and shall present the related proofs and evidences. The client of the authorized agent(s) shall make statements and defenses on the issues under accusation.
(VIII) The investigators will have testimonies and debates with the clients or the authorized agents concerning the case-related facts and applicable law terms.
(IX) The client or the authorized agent makes the final statement respectively.
(X) The recorder shall take records of the entire process of the hearing of witnesses truthfully and comprehensively. The written records of the hearing of witnesses should be handed over to the client and the investigator for double check and verification, which will then by signed for acknowledgement after the verification.
(XI) The hearing of witnesses team shall work out the proposals and conclusions in the form of joint discussions and on the basis of the procedures specified in this document.
(XII) Those evidences that cannot stand through the testimony shall be the basis for the execution of administrative punishment.
(XIII) Any evidence obtained through illegal approaches shall not be used as the basis for administrative punishment.
(XIV) In the case that the client does not make an application for hearing of witnesses or fails to attend the hearing of witnesses without acceptable reasons even though he raises the application for hearing of witnesses, it is deemed that the client waivers the right for hearing of witnesses.
IV. Department Accepting Application: Business Reception Office of Zhuhai Environment Protection Bureau (Tel: 2121405)
Address: No. 11, Haibing N. Road, Xiangzhou District, Zhuhai
V. Department undertaking procedures:
Policy, Law and Regulation Section or Zhuhai Environment Monitoring & Survey Office (to be determined in accordance with the letter of notification issued by the Administrative Department)
Inquiry Tel: 2121402 Fax: 2218740