图片名称

The People's Republic of China Administrative Reconsideration Law Implementation Regulations


The Regulations for the Implementation of the Administrative Reconsideration Law of the People's Republic of China, which were adopted at the 177th executive meeting of the State Council on May 23, 2007, are hereby promulgated and shall come into force on August 1, 2007.
 
Prime Minister Wen Jiabao
May 29, 2007
 
Regulations for the Implementation of the Administrative Reconsideration Law of the People's Republic of China
Chapter 1 General Provisions
Article 1 These Regulations are formulated in accordance with the Administrative Reconsideration Law of the People's Republic of China (hereinafter referred to as the Administrative Reconsideration Law) in order to further bring into play the role of the administrative reconsideration system in resolving administrative disputes, building a government governed by the rule of law, and building a socialist harmonious society.
Article 2 The administrative reconsideration organs at all levels shall conscientiously perform their administrative reconsideration duties, lead and support their own organs responsible for legal affairs (hereinafter referred to as the “administrative reconsideration organs”) to handle administrative reconsideration matters in accordance with the law, and allocate, enrich and adjust full-time administrative reconsideration matters in accordance with relevant regulations personnel to ensure that the administrative reconsideration agency's case-handling capabilities are compatible with its work tasks.
Article 3 An administrative reconsideration institution shall, in addition to performing its duties in accordance with the provisions of Article 3 of the Administrative Reconsideration Law, also perform the following duties:
(1) To forward relevant administrative reconsideration applications in accordance with the provisions of Article 18 of the Administrative Reconsideration Law;
(2) Handling the administrative compensation and other matters stipulated in Article 29 of the Administrative Reconsideration Law;
(3) To supervise the acceptance of administrative reconsideration applications and the implementation of administrative reconsideration decisions in accordance with their duties and powers;
(4) Handling administrative reconsideration, administrative response case statistics and major administrative reconsideration decision filing matters;
(5) Handling or organizing the handling of administrative response to an administrative lawsuit without administrative reconsideration;
(6) Studying the problems found in the administrative reconsideration work, making suggestions for improvement to the relevant organs in a timely manner, and reporting major issues to the administrative reconsideration organs in a timely manner.
Article 4 Full-time administrative reconsideration personnel shall have the conduct, professional knowledge and professional ability commensurate with the performance of administrative reconsideration duties, and obtain corresponding qualifications. The specific measures shall be formulated by the legislative affairs department of the State Council in conjunction with the relevant departments of the State Council.
Chapter II Application for Administrative Reconsideration
Section 1 Applicants
Article 5 Citizens, legal persons or other organizations that apply for administrative reconsideration in accordance with the Administrative Reconsideration Law and these Regulations shall be the applicants.
Article 6 Where a partnership enterprise applies for administrative reconsideration, the approved and registered enterprise shall be the applicant, and the partner in charge of partnership affairs shall participate in the administrative reconsideration on behalf of the enterprise; if other partnership organizations apply for administrative reconsideration, the partners shall jointly apply for administrative reconsideration.
If other organizations without legal person status other than those specified in the preceding paragraph apply for administrative reconsideration, the principal person in charge of the organization shall participate in the administrative reconsideration on behalf of the organization; if there is no principal person in charge, other members jointly elected shall participate in the administrative reconsideration on behalf of the organization.
Article 7 If the general meeting of shareholders, the general meeting of shareholders, or the board of directors of a joint-stock enterprise considers that the specific administrative act made by the administrative organ infringes upon the lawful rights and interests of the enterprise, it may apply for administrative reconsideration in the name of the enterprise.
Article 8 Where there are more than 5 applicants for the same administrative reconsideration case, 1 to 5 representatives shall be elected to participate in the administrative reconsideration.
Article 9 During the period of administrative reconsideration, if the administrative reconsideration agency believes that a citizen, legal person or other organization other than the applicant has an interest in the specific administrative act under review, it may notify him to participate in the administrative reconsideration as a third party.
During the period of administrative reconsideration, citizens, legal persons or other organizations other than the applicant who have an interest in the specific administrative act under review may apply to the administrative reconsideration agency to participate in the administrative reconsideration as a third party.
The third party does not participate in the administrative reconsideration, which does not affect the trial of the administrative reconsideration case.
Article 10 The applicant and the third party may entrust one or two agents to participate in the administrative reconsideration. Where an applicant or a third party entrusts an agent, a power of attorney shall be submitted to the administrative reconsideration agency. The power of attorney shall specify the entrusted matters, authority and time limit. Citizens who cannot entrust in writing under special circumstances may entrust orally. In the case of oral entrustment, the administrative reconsideration agency shall verify and record it in the file. If the applicant or third party cancels or changes the entrustment, it shall report to the administrative reconsideration agency in writing.
Section 2 Respondent
Article 11 Where a citizen, legal person or other organization is dissatisfied with the specific administrative act of an administrative organ and applies for administrative reconsideration in accordance with the Administrative Reconsideration Law and these Regulations, the administrative organ that made the specific administrative act shall be the respondent.
Article 12 Where an administrative organ and an organization authorized by laws and regulations make specific administrative actions in a common name, the administrative organ and the organization authorized by laws and regulations shall be the joint respondent.
Where an administrative organ and other organizations make specific administrative acts in a joint name, the administrative organ shall be the respondent.
Article 13 Where a lower-level administrative organ conducts a specific administrative act with the approval of a higher-level administrative organ in accordance with laws, regulations and rules, the approving organ shall be the respondent.
Article 14 Where a dispatched agency, internal agency or other organization established by an administrative organ conducts specific administrative acts in its own name without the authorization of laws and regulations, the administrative organ shall be the respondent.
Section 3 Time Limit for Administrative Reconsideration Application
Article 15 The calculation of the time limit for applying for administrative reconsideration stipulated in Paragraph 1 of Article 9 of the Administrative Reconsideration Law shall be handled in accordance with the following provisions:
(1) If a specific administrative act is made on the spot, it shall be counted from the date when the specific administrative act is made;
(2) Where a legal document specifying a specific administrative act is served directly, it shall be counted from the date when the recipient signs for it;
(3) If the legal document specifying the specific administrative act is served by mail, it shall be counted from the date when the person to be served signs on the mail receipt; Calculated from the date;
(4) If the specific administrative act is notified to the person to be served through an announcement according to law, it shall be counted from the date when the time limit specified in the announcement expires;
(5) Where an administrative organ fails to notify a citizen, legal person or other organization when making a specific administrative act, and a supplementary notification is made afterwards, it shall be counted from the date when the citizen, legal person or other organization receives the notification of the administrative organ’s supplementary notification;
(6) If the respondent can prove that the citizen, legal person or other organization knows the specific administrative act, it shall be counted from the date when the evidence material proves that it knows the specific administrative act.
Where an administrative organ makes a specific administrative act and fails to deliver a legal document that should be served on the relevant citizen, legal person or other organization according to law, the citizen, legal person or other organization shall be deemed to be unaware of the specific administrative act.
Article 16 Citizens, legal persons or other organizations apply for administrative organs to perform statutory duties in accordance with the provisions of Article 6 (8), (9) and (10) of the Administrative Reconsideration Law. The time limit for reconsideration application shall be calculated in accordance with the following provisions:
(1) If there is a performance period, it shall be calculated from the date when the performance period expires;
(2) If there is no time limit for performance, it shall be counted from the expiration of 60 days after the administrative organ receives the application.
Where citizens, legal persons or other organizations request administrative organs to perform their statutory duties of protecting personal rights and property rights in emergencies, and the administrative organs fail to perform, the time limit for applying for administrative reconsideration is not limited by the provisions of the preceding paragraph.
Article 17: Where specific administrative actions made by administrative organs may adversely affect the rights and obligations of citizens, legal persons, or other organizations, they shall be informed of their right to apply for administrative reconsideration, the administrative reconsideration authority, and the time limit for applying for administrative reconsideration.
Section 4 Filing of an application for administrative reconsideration
Article 18 Where an applicant applies for administrative reconsideration in writing, it may submit an application for administrative reconsideration in person, by mail or by fax.
Qualified administrative reconsideration agencies may accept administrative reconsideration applications submitted by email.
Article 19 Where an applicant applies for administrative reconsideration in writing, the following matters shall be stated in the application for administrative reconsideration:
(1) The basic information of the applicant, including: the citizen's name, gender, age, ID number, work unit, domicile, zip code; the name, domicile, zip code and legal representative or principal of the legal person or other organization name and position;
(2) The name of the respondent;
(3) The request for administrative reconsideration, the main facts and reasons for applying for administrative reconsideration;
(4) The signature or seal of the applicant;
(5) The date of application for administrative reconsideration.
Article 20 Where an applicant orally applies for administrative reconsideration, the administrative reconsideration agency shall, in accordance with the matters stipulated in Article 19 of these Regulations, make a transcript of the administrative reconsideration application on the spot and submit it to the applicant for verification or read it out to the applicant, and the applicant shall sign for confirmation.
Article 21 Under any of the following circumstances, the applicant shall provide certification materials:
(1) If it believes that the respondent does not perform its statutory duties, provide proof materials that the respondent has been required to perform its statutory duties but the respondent has not performed;
(2) Where a request for administrative compensation is filed together with the application for administrative reconsideration, proof materials for damage caused by specific administrative acts are provided;
(3) Other circumstances that require the applicant to provide evidentiary materials as stipulated by laws and regulations.
Article 22 Where the applicant mislists the respondent when filing an application for administrative reconsideration, the administrative reconsideration agency shall notify the applicant to change the respondent.
Article 23 If an applicant is not satisfied with a specific administrative act jointly made by two or more departments of the State Council, in accordance with the provisions of Article 14 of the Administrative Reconsideration Law, he may file an application for administrative reconsideration to any one of the departments of the State Council, and the specific administrative act shall be made by the applicant. The relevant State Council departments jointly make an administrative reconsideration decision.
Article 24 If an applicant is not satisfied with the specific administrative act made by a department with vertical leadership below the provincial level approved by the State Council, it may choose to apply to the people's government at the same level or the competent department at the next higher level for administrative reconsideration; If the municipality directly under the Central Government provides otherwise, it shall be handled in accordance with the regulations of the province, autonomous region or municipality directly under the Central Government.
Article 25 Where an applicant applies for administrative reconsideration in accordance with the provisions of Paragraph 2 of Article 30 of the Administrative Reconsideration Law, it shall submit an application for administrative reconsideration to the people's government of the province, autonomous region or municipality directly under the Central Government.
Article 26 In accordance with the provisions of Article 7 of the Administrative Reconsideration Law, if the applicant believes that the provisions on which specific administrative actions are based are illegal, they may file an application for review of the provisions when applying for administrative reconsideration of the specific administrative actions; If the applicant does not know the regulations on which the specific administrative action is based when filing an application for administrative reconsideration of a specific administrative act, he may apply to the administrative reconsideration agency for review of the regulations before the administrative reconsideration agency makes an administrative reconsideration decision.
Chapter III Acceptance of Administrative Reconsideration
Article 27: Citizens, legal persons or other organizations that submit an application for administrative reconsideration that believes that the specific administrative act of an administrative organ infringes upon their legitimate rights and interests, unless they do not meet the application conditions stipulated in the Administrative Reconsideration Law and these Regulations, the administrative reconsideration organ must accept it.
Article 28 An application for administrative reconsideration shall be accepted if it meets the following provisions:
(1) There is a clear applicant and a respondent that meets the requirements;
(2) The applicant has an interest in the specific administrative act;
(3) There are specific administrative reconsideration requests and reasons;
(4) filed within the statutory application period;
(5) It falls within the scope of administrative reconsideration stipulated by the Administrative Reconsideration Law;
(6) It falls within the responsibilities of the administrative reconsideration agency that received the application for administrative reconsideration;
(7) Other administrative reconsideration organs have not accepted the same administrative reconsideration application, and the people's court has not accepted the administrative lawsuit brought by the same subject on the same facts.
Article 29 If the administrative reconsideration application materials are incomplete or the presentation is unclear, the administrative reconsideration agency may notify the applicant in writing to make corrections within 5 days from the date of receipt of the administrative reconsideration application. The notice of supplement and correction shall specify the matters that need to be supplemented and corrected and a reasonable time limit for supplement and correction. If the applicant fails to make corrections within the time limit without justifiable reasons, the applicant shall be deemed to have abandoned the application for administrative reconsideration. The time spent on supplementing and correcting application materials shall not be included in the administrative reconsideration trial period.
Article 30 Where an applicant applies for administrative reconsideration to two or more competent administrative organs for the same matter, the administrative organ that receives the application for administrative reconsideration first shall accept it; The administrative organ that applies for the administrative reconsideration shall negotiate and determine within 10 days; if the negotiation fails, the administrative organ at the next higher level shall designate the acceptance organ within 10 days. The time spent on negotiating to determine or designate the acceptance organ shall not be counted in the administrative reconsideration trial period.
Article 31 In accordance with the provisions of Article 20 of the Administrative Reconsideration Law, if the administrative organ at a higher level considers that the reason for the administrative reconsideration organ not to accept an application for administrative reconsideration is untenable, it may urge it to accept it first; if it still refuses to accept it after urging, it shall order it The application shall be accepted within a time limit, and if necessary, it can be accepted directly; if it believes that the application for administrative reconsideration does not meet the statutory acceptance conditions, the applicant shall be notified.
Chapter IV Administrative Reconsideration Decision
Article 32 When an administrative reconsideration institution hears an administrative reconsideration case, two or more administrative reconsideration personnel shall participate.
Article 33 When the administrative reconsideration agency deems it necessary, it may conduct on-site investigation and verification of evidence; for major and complicated cases, if the applicant requests or the administrative reconsideration agency deems it necessary, the hearing may be adopted.
Article 34 When investigating and collecting evidence from relevant organizations and personnel, administrative reconsideration personnel may consult, copy, and retrieve relevant documents and materials, and inquire about relevant personnel.
When investigating and collecting evidence, there shall be no less than two administrative reconsideration personnel, and they shall present their certificates to the parties or relevant persons. The units and personnel under investigation shall cooperate with the administrative reconsideration personnel, and shall not refuse or obstruct.
If on-site inspection is required, the time used for on-site inspection shall not be included in the administrative reconsideration trial period.
Article 35 The administrative reconsideration organ shall provide necessary conditions for the applicant and third party to consult relevant materials.
Article 36 For a case applying for administrative reconsideration at the original level in accordance with the provisions of Article 14 of the Administrative Reconsideration Law, the department or institution that originally handled the specific administrative act related matters shall submit a written reply, and submit the evidence, basis and evidence for the specific administrative act. other relevant materials.
Article 37 Where special matters need to be authenticated during the period of administrative reconsideration, the parties may entrust an authentication institution to conduct authentication by themselves, or they may apply to the administrative reconsideration institution to entrust an authentication institution to conduct authentication. The appraisal fee shall be borne by the parties. The time used for the appraisal is not included in the administrative reconsideration trial period.
Article 38 Where the applicant voluntarily withdraws the administrative reconsideration application before the administrative reconsideration decision is made, it may be withdrawn with the consent of the administrative reconsideration body.
If the applicant withdraws the application for administrative reconsideration, it shall not file another application for administrative reconsideration based on the same facts and reasons. However, unless the applicant can prove that the withdrawal of the application for administrative reconsideration violates his true intentions.
Article 39 During the period of administrative reconsideration, if the respondent changes the original specific administrative act, it will not affect the trial of the administrative reconsideration case. However, unless the applicant withdraws the application for administrative reconsideration in accordance with the law.
Article 40 Citizens, legal persons or other organizations who are not satisfied with the specific administrative acts made by the administrative organs in exercising the discretionary power prescribed by laws and regulations apply for administrative reconsideration. Submit a written reconciliation agreement to the administrative reconsideration agency; if the content of the reconciliation does not damage the public interests and the legitimate rights and interests of others, the administrative reconsideration agency shall approve it.
Article 41 If one of the following circumstances occurs during the period of administrative reconsideration, which affects the trial of the administrative reconsideration case, the administrative reconsideration shall be suspended:
(1) The natural person as the applicant dies and his close relatives have not yet determined whether to participate in the administrative reconsideration;

(2) The natural person as the applicant has lost the ability to participate in the administrative reconsideration, and the legal representative has not yet been determined to participate in the administrative reconsideration;
(3) The legal person or other organization serving as the applicant is terminated, and the successor of rights and obligations has not yet been determined;
(4) The whereabouts of the natural person who is the applicant is unknown or declared missing;
(5) The applicant or the respondent cannot participate in the administrative reconsideration due to force majeure;
(6) The case involves the application of law and requires an explanation or confirmation by the competent authority;
(7) The trial of the case needs to be based on the trial results of other cases, and the other cases have not yet been concluded;
(8) Other circumstances that need to suspend administrative reconsideration.
After the reasons for the suspension of administrative reconsideration are eliminated, the trial of administrative reconsideration cases shall be resumed in a timely manner.
When an administrative reconsideration institution suspends or resumes the trial of an administrative reconsideration case, it shall notify the parties concerned.
Article 42 In any of the following circumstances during the period of administrative reconsideration, the administrative reconsideration shall be terminated:
(1) The applicant requests to withdraw the application for administrative reconsideration, and the administrative reconsideration agency approves the withdrawal;
(2) The natural person who is the applicant dies and there is no close relative or his close relative waives the right of administrative reconsideration;
(3) The legal person or other organization as the applicant is terminated, and the successor of its rights and obligations waives the right of administrative reconsideration;
(4) The applicant and the respondent have reached a settlement with the approval of the administrative reconsideration agency in accordance with the provisions of Article 40 of these Regulations;
(5) After the applicant is dissatisfied with the administrative detention or the administrative compulsory measure restricting personal freedom and applies for administrative reconsideration, because the applicant is suspected of committing a crime for the same illegal act, the administrative detention or the administrative compulsory measure restricting personal freedom is changed to criminal detention.
If the administrative reconsideration is suspended in accordance with the provisions of Article 41, paragraph 1 (1), (2), and (3) of these Regulations, if the reason for the suspension of the administrative reconsideration has not been eliminated after 60 days, the administrative reconsideration shall be terminated.
Article 43 In accordance with the provisions of Article 28, paragraph 1 (1) of the Administrative Reconsideration Law, the administrative reconsideration organ shall decide if the facts of the specific administrative act are clear, the evidence is conclusive, the basis for application is correct, the procedure is legal, and the content is appropriate. maintain.
Article 44 In accordance with the provisions of Article 28, paragraph 1 (2) of the Administrative Reconsideration Law, if the respondent fails to perform its statutory duties, the administrative reconsideration authority shall decide that it shall perform its statutory duties within a certain period of time.
Article 45: Where a specific administrative act falls under any of the circumstances specified in Item (3), Paragraph 1, Article 28 of the Administrative Reconsideration Law, the administrative reconsideration organ shall decide to revoke or modify the specific administrative act or confirm that the specific administrative act is illegal If it decides to revoke the specific administrative act or confirms that the specific administrative act is illegal, the respondent may be ordered to re-take the specific administrative act within a certain period of time.
Article 46 If the respondent fails to submit a written reply in accordance with the provisions of Article 23 of the Administrative Reconsideration Law, and to submit the evidence, basis and other relevant materials for the specific administrative act, it shall be deemed that the specific administrative act has no evidence or basis. , the administrative reconsideration authority shall decide to revoke the specific administrative act.
Article 47: When a specific administrative act falls under any of the following circumstances, the administrative reconsideration organ may decide to change it:
(1) The facts are clear, the evidence is conclusive, and the procedure is legal, but it is obviously improper or the basis for application is wrong;
(2) The facts ascertained are unclear and the evidence is insufficient, but the facts are clear and the evidence is conclusive after the administrative reconsideration organ has found out that the facts are clear.
Article 48 Under any of the following circumstances, the administrative reconsideration organ shall decide to reject the application for administrative reconsideration:
(1) Where the applicant believes that the administrative organ fails to perform its statutory duties and applies for administrative reconsideration, the administrative reconsideration organ finds that the administrative organ does not have corresponding statutory duties or has performed statutory duties before accepting the application;
(2) After accepting an application for administrative reconsideration, it is found that the application for administrative reconsideration does not meet the acceptance conditions stipulated in the Administrative Reconsideration Law and these Regulations.
If the administrative organ at a higher level believes that the reason for the administrative reconsideration organ to reject the application for administrative reconsideration is untenable, it shall order it to resume the trial.
Article 49 Where the administrative reconsideration authority orders the respondent to re-take a specific administrative act in accordance with the provisions of Article 28 of the Administrative Reconsideration Law, the respondent shall re-take the specific administrative act within the time limit prescribed by laws, regulations and rules; Where the laws, regulations and rules do not stipulate a time limit, the time limit for re-making specific administrative actions is 60 days.
Citizens, legal persons or other organizations who are dissatisfied with the specific administrative actions made by the respondent may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.
Article 50 Under any of the following circumstances, the administrative reconsideration organ may conduct mediation according to the principle of voluntariness and legality:
(1) Citizens, legal persons or other organizations apply for administrative reconsideration when they are not satisfied with the specific administrative actions made by administrative organs in exercising the discretionary powers prescribed by laws and regulations;
(2) Administrative compensation or administrative compensation disputes between the parties.
If the parties reach an agreement through mediation, the administrative reconsideration authority shall make a written administrative reconsideration mediation. The mediation letter shall state the administrative reconsideration request, facts, reasons and mediation results, and affix the seal of the administrative reconsideration authority. The administrative reconsideration mediation letter has legal effect when signed by both parties.
If the mediation fails to reach an agreement or one party backs out before the mediation agreement takes effect, the administrative reconsideration authority shall make an administrative reconsideration decision in a timely manner.
Article 51 The administrative reconsideration authority shall not make an administrative reconsideration decision that is more unfavorable to the applicant within the scope of the applicant's administrative reconsideration request.
Article 52 Where a third party fails to file a lawsuit and fails to perform the administrative reconsideration decision within the time limit, it shall be dealt with in accordance with the provisions of Article 33 of the Administrative Reconsideration Law.
Chapter V Guidance and Supervision of Administrative Reconsideration
Article 53 The administrative reconsideration organ shall strengthen its leadership over the administrative reconsideration work.
The administrative reconsideration agency shall, under the leadership of the administrative reconsideration agency at the same level, supervise and guide the administrative reconsideration work in accordance with its functions and powers.
Article 54 The people's governments at or above the county level shall strengthen the supervision over the performance of administrative reconsideration duties by their subordinate working departments and the people's governments at lower levels.
The administrative reconsideration authority shall strengthen the supervision over the performance of the administrative reconsideration responsibilities by its administrative reconsideration authority.
Article 55 The local people's governments at or above the county level shall establish and improve the administrative reconsideration work responsibility system, and incorporate the administrative reconsideration work into the target responsibility system of the government at the corresponding level.
Article 56 Local people's governments at or above the county level shall, in accordance with their functions and powers, conduct regular inspections, random inspections, etc., to inspect the administrative reconsideration work of their subordinate working departments and people's governments at lower levels, and timely feedback the inspection results to relevant parties.
Article 57 During the period of administrative reconsideration, if the administrative reconsideration organ finds that the relevant administrative act of the respondent or other lower-level administrative organ is illegal or needs to do a good job in the aftermath, it may make an administrative reconsideration opinion. Relevant organs shall, within 60 days from the date of receipt of the administrative reconsideration opinion, notify the administrative reconsideration institution of the situation of correcting relevant administrative violations or doing a good job in the aftermath.
During the period of administrative reconsideration, if the administrative reconsideration agency finds that there are general problems in the implementation of laws, regulations, and rules, it may make an administrative reconsideration proposal, and make suggestions to the relevant organs to improve the system and improve the administrative law enforcement.
Article 58 The administrative reconsideration agency of the people's government at or above the county level shall submit an analysis report on the status of administrative reconsideration to the people's government at the same level on a regular basis.
Article 59 The lower-level administrative reconsideration organ shall promptly report the major administrative reconsideration decision to the higher-level administrative reconsideration organ for the record.
Article 60 Administrative reconsideration agencies at all levels shall regularly organize professional training for administrative reconsideration personnel to improve the professional quality of administrative reconsideration personnel.
Article 61 The administrative reconsideration organs at all levels shall regularly summarize the administrative reconsideration work, and commend and reward the units and individuals who have made outstanding achievements in the administrative reconsideration work in accordance with relevant regulations.
Chapter VI Legal Liability
Article 62 If the respondent fails to re-take specific administrative actions in accordance with the requirements of the administrative reconsideration decision within the prescribed time limit, or re-takes specific administrative actions in violation of the regulations, it shall be investigated for legal responsibility in accordance with the provisions of Article 37 of the Administrative Reconsideration Law.
Article 63: Those who refuse or obstruct administrative reconsideration personnel to investigate and collect evidence, consult, copy, or obtain relevant documents and materials shall be given sanctions or public security penalties according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 64 If the administrative reconsideration agency or the administrative reconsideration agency fails to perform the administrative reconsideration duties stipulated in the Administrative Reconsideration Law and these Regulations, and still fails to make corrections after being urged by the administrative agency with the power to supervise, the directly responsible person in charge and other directly responsible personnel shall be punished according to law. Sanctions of warning, demerit, and major demerit are given; if serious consequences are caused, sanctions of demotion, dismissal, and dismissal are given in accordance with the law.
Article 65: If an administrative organ or its staff violates the Administrative Reconsideration Law and these Regulations, the administrative reconsideration organ may propose punishments to the personnel and supervisory departments for the relevant responsible persons, and may also directly transmit the factual materials of the relevant personnel's violation of the law. The personnel and supervision department shall handle it; the personnel and supervision department that accepts the transfer shall handle it according to the law, and notify the administrative reconsideration agency of the transfer of the handling result.
Chapter VII Supplementary Provisions
Article 66 These Regulations shall come into force on August 1, 2007.