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Chapter 1 General Provision
Section 1 Administrative Appeal Affairs
Article 1
Anyone who’s right or interest was unlawfully or improperly injured by a center or local government agency’s administrative action is entitled to file an administrative appeal according to this Act, provided that other Acts stipulated otherwise.
Each level of autonomy or other public law entity could have file an administrative appeal as well, while it’s right or interest was unlawfully or improperly injured by the supervised agency’s administrative action.
Article 2
Anyone who’s right or interest was unlawfully or improperly injured by a center or local government agency’s inaction to his application according to Acts during the period stipulated by this Act is entitled to file an administrative appeal as well.
The period stipulated in last Paragraph is two month after the application was accepted by an agency provided that there is no other stipulation in other Acts or Regulations.
Article 3
An administrative action stipulated under this Act is referred to as an ex parte administrative action which directly creates legal effect to the people by a decision or measures decided or adopted by a center or local government agency by its ex officio derived from public law in a concrete public law affair.
The decision or measures stipulated in last Paragraph is an administrative action as well, while the range might be ascertained under specified circumstance despite the parties affected is not specified. The creation, modification and decease or use of public facility by the agency shall be treated as an administrative action too.
Section 2 Jurisdiction
Article 4
The jurisdiction of an administrative appeal is stipulated as follows:
1. One can file an administrative appeal to a county government (or a province city hall) against an administrative action made by a village (town or district) office.
2. One can file an administrative appeal to a county government (or a province city hall) against an administrative action made by an agency under county government or province city hall.
3. One can file an administrative appeal to a ministry, council, bank, department, bureau or administration of central government in charge against an administrative action made by a county government (or a province city hall).
4. One can file an administrative appeal to a municipal city hall under Executive Yuan against an administrative action made by one of its agencies.
5. One can file an administrative appeal to a ministry, council, bank, department, bureau or administration of central government in charge against an administrative action made by a municipal city hall under Executive Yuan.
6. One can file an administrative appeal to a ministry, council, bank, department, bureau or administration of central government against an administrative action made by one of its agencies.
7. One can file an administrative appeal to the Yuan in charge against an administrative action made by a ministry, council, bank, department, bureau or administration of central government.
8. One can file an administrative appeal against a Yuan for an administrative action made by it.
Article 5
One who files an administrative appeal against an administrative action made by a center or local government agency otherwise stipulated in last Article, the jurisdiction shall be referred to the agency’s level as described in last Article.
The jurisdiction of an administrative appeal shall be decided according to an agency’s authority of supervision under other Acts stipulation.
Article 6
The jurisdiction of an administrative appeal against an administrative action made by more than one agencies with different supervision or level jointly shall be filed to their concurrent supervised agency.
Article 7
An administrative action made by an agency in delegated affairs from an authority without supervision relationship shall be regarded as an administrative action made by the agency which delegates the power. The jurisdiction of an administrative appeal in such case shall be filed to the agency which delegates the power or its direct supervised agency as referred to Article 4.
Article 8
An administrative action made by an agency in assigned affairs from an authority with supervision relationship shall be regarded as an administrative action made by the agency which the power is assigned. The jurisdiction of an administrative appeal in such case shall be filed to the agency which the power is assigned or its direct supervised agency as referred to Article 4.
Article 9
An administrative action made by a municipal city hall under Executive Yuan, a county government (or province city hall) or their agency and a village (town or district) office in allocated affairs from a supervised government or its agency according to law shall be regarded as an administrative action made by the agency which the power is allocated. The jurisdiction of an administrative appeal in such case shall be filed to the direct supervised agency of the agency which the power is allocated as referred to Article 4.
Article 10
The jurisdiction of an administrative appeal against an administrative action made under the name of a legal entity or individual which is authorized to exercise power by a center or local government agency according to law shall be the agency which delegates the power.
Article 11
While the agency which the administrative action was made has been revoked or reformed, the agency which took over the authority shall be regarded as the agency which the administrative action was made. The jurisdiction of an administrative appeal in such case shall be filed to the agency which took over the authority or its supervised agency as referred to last seven Articles.
Article 12
While a conflict of jurisdiction among several agencies arose or there is ambiguity of jurisdiction which can not be identified the agency with jurisdiction, the jurisdiction shall be affirmed by the concurrent direct supervised agency.
While an administrative appeal decision was made by an agency without jurisdiction, its supervised agency shall revoke the decision by its ex officio or according to one’s application and remand to the agency with jurisdiction with a command.
Article 13
To decide the agency which the administrative action was made shall depend on the name of the administration action at the time it was issued. However, the administrative action was made by the supervised agency by its ex officio and commands the inferior agency to enforce, the supervised agency shall be the agency which the administrative action was made.
Section 3 Dates and Period
Article 14
An administrative appeal shall be filed within 30 days since one day after the date which administrative action is served or the expiration date of its publication period.
While the administrative appeal is filed by the third party with interest at stake, the period stipulated in last Paragraph shall calculate since the date which she/he knows. However, in such case it is not allowed to file an administrative appeal while it is over 3 years after the date which administrative action is served or the expiration date of its publication period.
Whether an administrative appeal is filed shall depend on the date which the administrative appeal pleading is received or processed by the agency which the administrative action was made or the agency with jurisdiction of administrative appeal.
An administrative appellant files an administrative appeal to an agency other than the agency which the administrative action was made or the agency with jurisdiction of administrative appeal, the date which the agency received or processed the administrative appeal pleading at the first place shall be regarded as the administrative appeal was filed.
Article 15
An administrative appellant files an administrative appeal to the agency with jurisdiction of administrative appeal after the administrative appeal period stipulated in last Article was expired due to act of god or other caused not contributed to her/him may file an application to restore her/his original status via a written which prescribes the reasons why act after the date is due within 10 days after the reasons were demolished. However, it is not allowed to do so while the date of administrative appeal period expired is over 1 year.
One who file an application for restoring her/his original status shall take action which is required to do according to the administrative appeal process within the period at the same time.
Article 16
An administrative appellant reside outside the area where the agency with jurisdiction of administrative appeal to process located shall deduct the traveling period when calculating the period stipulated by this Act unless there is an administrative appeal representative reside in the area where the agency with jurisdiction of administrative appeal to process located and the action might have done during the period.
The rule which regulates the traveling period stipulated in last Paragraph shall be regulated by Executive Yuan.
Article 17
The method to calculate the period shall be the same as stipulated in the Civil Act, provided that other Acts stipulated otherwise.
Section 4 Administrative Appellant
Article 18
Any individual, legal entity or organization or anyone whom an administrative action is issued to as well a third party with interest at stake may file an administrative appeal.
Article 19
Anyone who could have undertook obligation independently via conducting legal affairs has capacity to file an administrative appeal.
Article 20
One without capacity to file an administrative appeal shall be represented by her/his legal representative.
While an autonomy, legal entity or organization files an administrative appeal, shall be represented by its representative or administrator.
The legal representative in an administrative appeal case shall be accorded to the Civil Act.
Article 21
Two or more individuals might have filed an administrative appeal jointly against an administrative action based on the same causes and facts.
To file an administrative appeal stipulated in last Paragraph is confined to cases under the same jurisdiction of an agency.
Article 22
To file an administrative appeal jointly might have been represented by one to three person (s) elected among all administrative appellants.
The elected representative(s) shall present the document(s) certification to the agency with jurisdiction of administrative appeal at the first place when the administrative appeal is conducted.
Article 23
When an administrative appeal was filed jointly without electing the representative(s), the agency with jurisdiction of administrative appeal may notify the administrative appellants to elect within a specific period. After the expiration of the specific period and the administrative appellants still not elect, the agency with jurisdiction of administrative appeal might assign the representative(s) by its ex officio.
Article 24
As long as the representative(s) was elected or assigned, the representative(s) will conduct an administrative appeal on behalf of all administrative appellants. However, to withdraw the administrative appeal which via a written consent from all appellants is required.
Article 25
The elected or assigned representative(s) might be replaced or varied in numbers.
The replacement or variation of representative(s) stipulated in last Paragraph shall not be effected unless the agency with jurisdiction of administrative appeal was informed via written notice.
Article 26
While there are more than one representatives, any representative might conduct an administrative appeal on behalf of all administrative appellants independently.
Article 27
The right of the representative(s) to represent will not be demolished due to the death, lack of capacity to conduct independently of other administrative appellant(s) who file an administrative appeal jointly or the replacement of other administrative appellant(s)’s legal representative.
Article 28
One who has same interest at stake as an administrative appellant might participate the administrative appeal after the permission was granted by the agency with jurisdiction of administrative appeal. The agency with jurisdiction of administrative appeal might notify she/he to participate the administrative appeal while necessary as well.
While an administrative appeal decision to revoke or modify the original administrative action which substantially affected the right or interest of the third party, the agency with jurisdiction of administrative appeal shall notify her/him to intervent the administrative appeal procedure and pose her/his opinion.
Article 29
To file an application of intervention in an administrative appeal shall present a written application to the agency with jurisdiction of administrative appeal.
The application of intervention in an administrative appeal shall declare the following items via a written:
1. The administrative appeal per se and the administrative appellant(s).
2. The interest at stake of the intervenor appellant and the administrative appeal.
3. A statement of intervention for the administrative appeal.
Article 30
Notification of intervention in an administrative appeal shall serve the intervenor appellant and send a copy to the administrative appellant. The notification shall declare the intention of the administrative appeal, the reason to notify participation and the legal effect of default.
Before the notification stipulated in last Paragraph is served, the agency with jurisdiction of administrative appeal might inform the administrative appellant(s) and the third party who qualified as a participant pose her/his opinion via a written statement.
Article 31
An administrative appeal decision has also effects upon the intervenor appellant. While nonparticipation after a notification of participation an administrative appeal has been served or a permission to participate was granted by the agency with jurisdiction of administrative appeal as well.
Article 32
An administrative appellant or intervenor appellant might have authorized the representative(s) to conduct administrative appeal. There are no more than three administrative appeal representatives for each administrative appellant and intervenor appellant.
Article 33
The following individual is qualified to be an administrative appeal representative:
1. An attorney at law.
2. An individual who earned the qualification to represent the administrative appellant in her/his case according to Acts or Regulations.
3. A person with expertise in a specific administrative appeal.
4. An individual who represent the administrative appellant based on the professional or business relationship.
5. An individual who is a relatives of the administrative appellant.
An administrative appeal representative stipulated in last Paragraph, Clause 1~3 might be prohibited while the agency with jurisdiction of administrative appeal deemed improper and it is required to notify the administrative appellant and the intervenor appellant via a written.
Article 34
An administrative appeal representative shall present a written form of authorization to the agency with jurisdiction of administrative appeal at the first place of the administrative appeal conduct.
Article 35
An administrative appeal representative might have undertook all administrative appeal conducts as authorized in a administrative appeal case. However, a special authorization is required to withdraw an administrative appeal case.
Article 36
While there are more than one administrative appeal representatives, each one might represent the administrative appellant independently.
A representative may still represent the administrative appellant independently in spit of the representative is authorized against the rule stipulated in last Paragraph.
Article 37
An administrative appeal representative’s statement of facts will not take effect while the administrative appellant who appears at the agency revoke or correct immediately by herself/himself.
Article 38
The authorization of administrative appeal representative will not demolish due to the administrative appellant’s death, bankruptcy or lack of the capacity to conduct an administrative appeal. It is the same while the legal representative is changed, the agency is revoked or reformed, a corporation or organization is dissolved or reformed.
Article 39
The ceasing of an administrative appeal authorization shall be made by the administrative appellant, intervenor appellant or administrative appeal representative via a written notice sent to the agency with jurisdiction of administrative appeal.
Article 40
While the ceasing of an administrative appeal authorization is posed by the administrative appeal representative, she/he shall still undertake necessary conduct to secure the right or interest of the administrative appellant or intervenor appellant within 15 days since the ceasing of authorization is expressed.
Article 41
The administrative appellant, intervenor appellant or administrative appeal representative might company with assistant to the place assigned by the agency with jurisdiction of administrative appeal on the specific date, while permission is granted by the agency.
The agency with jurisdiction of administrative appeal might have notified the administrative appellant, thirty party participant or administrative appeal representative company with assistant to the place assigned while the agency deemed necessary.
The agency with jurisdiction of administrative appeal ceased the permission or prohibited the continuation of assist while the agency deemed the assistant as stipulated in last two Paragraphs is improper.
Article 42
The statement made by the assistant appeared will be regarded as the same as made by the administrative appellant, intervenor appellant or administrative appeal representative, while the statement was not revoked or corrected by aforesaid parties immediately.
Section 5 Service
Article 43
A service shall be made by the agency with jurisdiction of administrative appeal by its ex officio, provided that otherwise stipulated.
Article 44
To serve the one without capacity to undertake any administrative appeal conduct shall be made to her/his legal representative, while the legal representative is not stated to the agency with jurisdiction of administrative appeal, the service might have made to the one without capacity to undertake any administrative appeal conduct.
To serve a legal entity or organization shall be made to its representative or administrator.
While there are more than one legal representatives, representatives or administrators, the service might have made to one of them.
Article 45
To serve a foreign legal entity or organization with office or business center located within territory of Republic of China shall be made to its representative or administrator domiciled in Republic of China.
While there are more than one representatives or administrators, a service might be made to one of them.
Article 46
A service shall be made to the administrative appeal representative unless the authorization to receive an service is limited. However, service might have made to the administrative appellant or intervenor appellant, while the agency with jurisdiction of administrative appeal deemed necessary.
Article 47
The documents of an administrative appeal shall be served via post deliver with postal service certification in which declares the administrative appellant, intervenor appellant, representative of aforesaid parties, administrative appeal representative’s domicile, office or business center address.
While the documents of an administrative appeal are not able to serve stipulated in last Paragraph, the agency with jurisdiction of administrative appeal might send its staff or entrust the agency which the administrative action was made or policy agency in charge to serve and service certification shall be made by one who served.
The service of the administrative appeal documents could be made by applying mutatis mutandis for Article 67~69 and Article 71~83 of the Administrative Litigation Procedure Act otherwise stipulated in last two Paragraphs.
Section 6 Administrative Appeal File
Article 48
The document concerning an administrative appeal case under custody of the agency with jurisdiction of administrative appeal shall be bound into file by the staff in charge of the case.
Article 49
An administrative appellant, intervenor appellant or administrative appeal representative might file an application to the agency with jurisdiction of administrative appeal to view, cite, copy or photograph documents in the file or file an application to the agency to provide hand writing, copies, citation of the documents by paying fees in advance.
The standard of the fee stipulated in last Paragraph shall be made by the Yuan in charge.
Article 50
A thirty party who obtained the consent of the administrative appellant or provided prima facie evidence of the interest at stake might have also filed an application stipulated in last Article, while the agency with jurisdiction of administrative appeal permitted.
Article 51
To file an application for following documents under last two Articles shall be rejected by the agency with jurisdiction of administrative appeal:
1. The draft of an administrative appeal decision.
2. The documents of an administrative appeal decision for preparing or reviewing purpose.
3. The necessity to keep secret for the third party’s right or interest.
4. The necessity to keep secret according to other Acts or based on the public interest.