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How long is the reply time of administrative reconsideration, and the administrative reconsideration process

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Source: Legal Chart Compilation · 2024.02.21 · 3192 people have seen it
Guide: In real life, many people often have little knowledge of the law, which makes them unable to safeguard their legitimate rights and interests. So we need to know more about the legal knowledge that is closely related to us. This article has sorted out some legal knowledge about how long the reply time of administrative reconsideration is and the administrative reconsideration process for you. Please read the details of this article.
 How long is the reply time of administrative reconsideration, and the administrative reconsideration process

1、 How long is the reply time for administrative reconsideration

After the administrative reconsideration is submitted, the statutory response time is 60 days, which can be extended for 30 days under special circumstances administrative review law 》The regulations are as follows:

Article 31 The administrative reconsideration organ shall make an administrative reconsideration decision within 60 days from the date of accepting the application;

But the law stipulates time limit of administrative review Except for those less than 60 days. If the case is complicated and the administrative reconsideration decision cannot be made within the prescribed time limit, it may be appropriately extended with the approval of the person in charge of the administrative reconsideration organ, and the applicant and the respondent shall be informed;

However, the extension period shall not exceed 30 days at most. When making an administrative reconsideration decision, the administrative reconsideration organ shall prepare a written administrative reconsideration decision and affix its seal. Once the written decision of administrative reconsideration is served, it shall become legally effective.

2、 Administrative reconsideration process

1. Application for reconsideration.

The applicant shall file an application for administrative reconsideration within 60 days from the date when he should know the specific administrative act.

2. The reconsideration is accepted.

The administrative body for reconsideration shall conduct a formal examination of the application for reconsideration and decide whether to accept it or not within 5 days.

Administrative reconsideration of nonconformities statute The applicant shall be informed in writing of the decision not to accept the application for administrative reconsideration;

An application for administrative reconsideration that meets the provisions of the Administrative Reconsideration Law and is accepted by this organ shall be deemed to be accepted as of the date of receipt of the application for administrative reconsideration.

3. Administrative reconsideration.

The administrative body for reconsideration shall, within 7 days from the date of acceptance of the reconsideration, send a copy or photocopy of the application for reconsideration to the respondent.

When making an administrative reconsideration decision, the reconsideration organ shall prepare a written administrative reconsideration decision, affix its official seal, and deliver it in writing to the applicant and the respondent.

4. Execution.

The applicant and the respondent shall implement the administrative reconsideration decision from the date of receiving the written decision;

If the applicant refuses to accept the administrative reconsideration decision, he/she shall file an administrative case with the people's court within 15 days from the date of receiving the administrative reconsideration decision litigation

According to the relevant provisions of the Administrative Reconsideration Law, administrative reconsideration can be initiated, but there will be a time choice. Generally, the application is required to be made within 60 days, and in some special circumstances, it can be extended to 30 days, a total of 90 days. The above contents have been sorted out. If there are other problems, welcome to Nomogram Net making legal advice

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