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A: The administrative body for reconsideration, after hearing a
reconsideration case, makes its decision as follows:
(1) If the application of the laws, regulations and rules as well as the
decisions and orders with a general binding force to the specific administrative
act is correct, the facts are clearly ascertained and the statutory limits of
authority and procedures are complied with, the administrative act is upheld;
(2) If the defending party in a case for reconsideration fails to perform its
duty as prescribed by laws, regulations and rules, a fixed time shall be set for
the defending party to perform the duty;
(3) If an administrative act has been undertaken in one of the following
circumstances, the act is annulled or changed, or the defending party may be
required by decision to undertake the administrative act again.
a. Ambiguity of the main facts; b. Erroneous application of the laws,
regulations and rules and of decisions and orders with a general binding force;
c. Violation of legal procedures that unfavorably affects the lawful rights
and interests of the applicant; d. Excess of authority or abuse of power;
e.The administrative act is obviously incorrect. |