(1) An application for an award;
(2) the identity certificate of the legal representative;
(three) the demolition of housing ownership certification materials;
(four) the valuation report of the house to be demolished;
(five) the compensation and resettlement plan for the respondent;
(six) the record of consultation between the applicant and the respondent;
(seven) the proportion of people who have not reached an agreement and the reasons;
(eight) other information related to the award. When applying for an administrative ruling, the demolished person shall submit the following materials:
(1) An application for an award;
(2) the identity certificate of the applicant;
(three) the ownership certificate of the house to be demolished;
(four) the reasons for applying for the award and the relevant certification materials;
(five) other materials related to the administrative ruling that should be provided by the house demolition management department. In any of the following circumstances, the house demolition management department shall not accept the application for administrative adjudication:
(a) to make an administrative ruling on the legality of the demolition permit;
(two) the applicant or the respondent is not a demolition party;
(three) a contract dispute occurred after the demolition parties reached an agreement on compensation and resettlement, or after the administrative ruling was made, the parties applied for a second ruling on the same matter;
(four) the house has been lost;
(five) other circumstances that the house demolition management department considers inadmissible according to law.
If the ruling application is not accepted, the house demolition management department shall notify the applicant in writing within 5 working days from the date of accepting the application. After accepting the application for house demolition ruling, the house demolition management department shall follow the following procedures:
(a) to serve the respondent with a copy of the application for house demolition ruling and a notice of defense, and inform the respondent of his rights;
(two) the legality of the relevant information and procedures;
(3) Organizing the parties to mediate. The house demolition management department must fully listen to the opinions of the parties and review the facts, reasons and evidence put forward by the parties; Reasonable requests made by the parties concerned shall be adopted. The house demolition management department shall not make a ruling that damages the legitimate rights and interests of the respondent because of the defense of the parties.
If the demolition party refuses to mediate, the house demolition management department shall make a ruling according to law.
(four) to verify the compensation and resettlement standards. If the parties have any objection to the evaluation results and have not been appraised by the real estate expert appraisal committee where the house is located, the house demolition management department shall entrust the expert appraisal committee for appraisal, and take the appraisal results as the ruling basis. The appraisal time is not included in the ruling time limit.
(5) If an agreement is reached through mediation, an award shall be issued; If no agreement can be reached, the house demolition management department shall make a written ruling. If an agreement is reached on some matters, it shall be confirmed when making an award. A written ruling must be discussed and decided by the collective leadership of the house demolition management department. In any of the following circumstances, the award shall be suspended and the parties concerned shall be notified in writing:
(a) the discovery of new facts needs to be verified;
(two) the ruling needs to be based on the relevant ruling or court judgment, and the relevant case has not been closed;
(three) the applicant who is a natural person dies and needs to wait for his close relatives to indicate whether to participate in the ruling;
(four) due to force majeure or other special circumstances need to suspend.
After the factors that suspended the award are eliminated, the award shall be resumed. The suspension time is not counted in the ruling time limit. In any of the following circumstances, the ruling shall be terminated and the parties concerned shall be informed in writing:
(a) after accepting the application for an award, the parties reach an agreement on their own;
(2) It is found that the applicant or the respondent is not a party to the award;
(three) the applicant is a natural person, the applicant died, and no close relatives did not express their participation in the award or gave up participating in the award within 15 days;
(four) the applicant withdraws the application for award. The administrative ruling shall be made within 30 days from the date of accepting the application. When making an award, the house demolition management department shall issue an award.
The award shall include the following contents:
(a) the basic information of the applicant and the respondent;
(two) the main facts and reasons of the dispute;
(3) The basis and reasons for the ruling;
(four) the basis of administrative adjudication, compensation method, compensation amount, resettlement housing area and location, relocation period, relocation transition mode and transition period, etc. ;
(five) inform the parties of the right to administrative reconsideration and administrative litigation, and the time limit for applying for reconsideration and prosecution;
(six) the name of the house demolition management department, the date of the ruling and the official seal;
The relocation period stipulated in the administrative ruling shall not be less than 15 days. Before applying for compulsory administrative demolition, the administrative department of house demolition shall invite relevant administrative departments, representatives of the demolition parties and representatives with social credibility to hold a hearing on the basis, procedures and calculation basis of compensation and resettlement standards for compulsory administrative demolition.
Housing demolition management department to apply for administrative compulsory demolition, must be discussed and decided by the collective leadership, can apply to the government for administrative compulsory demolition. Without an administrative ruling, administrative compulsory demolition shall not be carried out. When applying for compulsory administrative demolition, the house demolition management department shall submit the following materials:
(a) the application for administrative compulsory demolition;
(2) Arbitration mediation records and awards;
(three) the reasons for the demolition of people do not agree with the demolition;
(four) the evidence preservation certificate of the demolished house;
(five) the ownership certificate or compensation fund certificate of the resettlement house and turnover house provided by the demolished person;
(six) if the demolition person refuses to receive compensation funds, it shall submit a certificate of deposit of compensation funds;
(seven) other materials stipulated by the housing demolition management department of the people's government of the city or county. This regulation shall come into force as of March 6, 2004.