This Act is enacted to ensure that all administrative acts are carried out in pursuance of a fair, open and democratic process based on the principle of administration by law so as to protect the rights and interest of the people, enhance administrative efficiency and further the people's reliance on administration.

The term "administrative procedure" used in this Act means the procedure to be followed by administrative authorities in performing such acts as rendering administrative dispositions, entering into administrative contracts, establishing legal orders and administrative rules, deciding on administrative plans, employing administrative guidance and dealing with petitions.
The term "administrative authority" used in this Act means an organization representing the State, any local self-governing body or any other subject of administration with an independent legal status, in declaration of its intention and carrying on public affairs.
An individual or entity commissioned to exercise public authority shall be deemed to be an administrative authority within the scope of commission.

Unless otherwise prescribed by law, all administrative authorities shall follow the procedure herein provided in performing administrative acts. The procedure provided in this Act is not applicable to administrative acts carried on by any of the following organizations:
1. People's representative bodies at various levels;
2. Judicial authorities; and
3. Supervisory authorities;
The procedure herein prescribed is not applicable to the following matters:
1. Acts in relation to matters concerning diplomacy, military and safeguard of the national security;
2. Acts in relation to the exit and entry permits for foreign nationals, recognition of refugees and naturalization;
3. Criminal investigation procedures;
4. Actions taken by correctional institutions and other custodial houses for achieving the purposes of custody;
5. Procedure for making administrative decisions in cases of disputes over private rights;
6. Internal procedures established by schools and other educational institutions for educational purposes;
7. Actions of personnel management of government officers; and
8. Actions taken by the Examination Yuan in relation to subjects of test and grading of test results for the purpose of examinations.

All administrative acts shall be governed by law and the general principles of law.

The substance of administrative acts shall be clear and definite.

No differential treatment is permitted for administrative acts without a good cause.

Administrative acts shall be performed in pursuance of the following principles:
1. The method adopted must be helpful to the achievement of the objectives thereof;
2. Where there are several alternative methods which will lead to the same result in achievement of the objectives, the one with the least harm to the rights and interest of the people shall be adopted; and
3. The harm that may be caused by the method to be adopted shall not be clearly out of balance against the interest of the objectives anticipated to be achieved.

All administrative acts shall be performed in good faith and shall be aimed at the protection of the legitimate and reasonable reliance of the people.

An administrative authority shall take into consideration all circumstances advantageous and disadvantageous to the parties to the administrative procedure in its charge.

In exercising administrative discretion, an administrative authority shall not transgress the scope of its power of discretion set forth by law and shall comply with the purposes of the authority conferred by law or regulations.

The jurisdiction of an administrative authority shall be determined according to the organic law or regulation thereof or other administrative law and/or regulations, as applicable.
Where the jurisdiction of an administrative authority has undergone change as a result of amendment to its organic law or regulation, but no corresponding amendment has been made to the relevant administrative law or regulation to specify the competent authority, the fact of such change of jurisdiction may be publicly announced either by the authority having jurisdiction previously in conjunction with the authority conferred with jurisdiction in consequence of the amendment to such organic law or regulation or by the common superior authority of both authorities.
Where an administrative authority has been dissolved or merged with another authority, the public announcement required by the preceding paragraph may be made solely by the authority conferred with jurisdiction as a result of amendment to such organic law or regulation.
The public announcement made under the two preceding paragraphs shall become effective for the purpose of transfer of jurisdiction as of the third day from the date of announcement, unless otherwise specified in such announcement, in which case the transfer of jurisdiction shall become effective as of the effective date therein specified.
No jurisdiction may be created or changed without authorization by law or regulation, as applicable.

Where territorial jurisdiction cannot be determined pursuant to paragraph 1 of the preceding article, it shall be determined in the following manners, in the order as set forth below:
1. Jurisdiction over matters relating to real property shall be exercised by the authority at the place where the property is situated;
2. Jurisdiction over matters relating to the operation of enterprises or other businesses of continuing operation shall be exercised by the authority at the place of operation of such enterprises or the place where the business activities take place or the place where the business operation or activities ought to be carried on;
3. Jurisdiction over other matters involving a natural person shall be exercised by the authority at the place of his domicile, or the place of his residence if the person has no domicile or his domicile is not ascertainable, or the place of his last presence. Jurisdiction over matters involving a juristic person or entity shall be exercised by the authority at the place of its principal office or business address; and
4. If jurisdiction cannot be determined in pursuance of any of the three preceding subparagraphs or if there exists a state of emergency, it shall be determined according to the cause of occurrence of the event.

Where one and the same matter falls under the jurisdiction of two or more administrative authorities pursuant to the two preceding articles, the authority taking cognizance of the matter first shall have jurisdiction. If it is not ascertainable which one of those authorities took cognizance of the matter first, jurisdiction shall be determined by an agreement between or among them. If the authorities cannot reach an agreement or if it is necessary to exercise unified jurisdiction, the jurisdiction shall be taken up by the authority designated by the common superior authority thereof. In the absence of a common superior authority, jurisdiction shall be determined by an agreement between or among the respective superior authorities of all authorities that have taken cognizance of the matter.
Where necessary, each of the authorities referred to in the preceding paragraph shall perform acts to the extent necessary for the discharge of its duties and notify other authorities accordingly.

In the event of any controversy between or among different administrative authorities over the issue of jurisdiction, it shall be determined by the common superior authority thereof. In the absence of a common superior authority, the jurisdiction shall be determined by an agreement between or among the respective superior authorities of all authorities that have taken cognizance of the matter.
In the circumstances described in the preceding paragraph, a person may apply to the common superior authority for designating an authority to exercise the jurisdiction over the matter for which he has filed an application under law or regulation. In the absence of such a common superior authority, an application for designating a competent authority may be filed with one of the superior authorities. The authority taking cognizance of such application shall make a decision within ten days from the date of receipt of the application.
In the event where, pending a decision to be made under any of the circumstances described in the two preceding paragraphs, substantial and irreparable damage is likely to be caused to the State or any person, the authority, as a party to the controversy over jurisdiction, shall take urgent interim measures ex officio or upon application of the party to the matter and shall report to the common superior authority thereof and notify the other party to the controversy accordingly.
No objection may be raised by any person against the decision on designated jurisdiction made by an administrative authority under this article.

An administrative authority may delegate under law one or more of its subordinate authorities to exercise a part of its powers.
An administrative authority may commission under law another administrative authority with no relationship of administrative subordination thereto to exercise a part of its powers if it is necessary to do so for the purpose of its business operation.
The matter delegated or commissioned pursuant to the two preceding paragraphs and the legal basis for such delegation or commission shall be publicly announced and published in a government gazette or newspaper.

An administrative authority may commission under law a private entity or individual to perform a part of its duties.
The matter commissioned pursuant to the preceding paragraph and the legal basis for such commission shall be publicly announced and published in a government gazette or newspaper.
The expenses required for performance of the duties commissioned under the first paragraph hereof shall be paid by the administrative authority, unless otherwise agreed upon.

An administrative authority shall conduct an investigation ex officio on the issue whether or not it has jurisdiction over the matter; if the authority finds that it has no jurisdiction, it shall refer the matter to the competent authority and give the party a notice thereof.
An application filed by a person within the statutory period but is referred to a competent authority under the preceding paragraph shall be deemed to have been filed with the competent authority within the statutory period.

An administrative authority which is divested of its power to exercise jurisdiction as a result of change of law or facts shall refer the matter to the competent authority and give the party a notice thereof; provided that, the authority which had jurisdiction previously may continue to deal with the matter with the consent of the party and the competent authority.

Administrative authorities shall provide each other with assistance within the scope of their respective powers to bring about unity in administrative functions.
In any of the following circumstances, an administrative authority may request the assistance of another authority with no relationship of administrative subordination thereto in the performance of its functions:
1. Where the authority is unable to perform its functions independently due to reasons in law;
2. Where the authority is unable to perform its functions independently due to factual reasons such as inadequacy of staff or equipment;
3. Where the authority is unable to carry on independent inquisition into the facts which must be ascertained for the performance of its functions;
4. Where the documents or other materials required for the performance of its functions are being held by the authority whose assistance is requested;
5. Where it would be desirable in terms of cost that the functions be performed by the authority whose assistance is requested; or
6. Where there are other proper reasons making it necessary to request assistance in the performance of its functions.
A request under the preceding paragraph shall be made in writing, except in a state of emergency.
In any of the following circumstances, the requested authority shall refuse to provide assistance:
1. Where the assistance requested is beyond the scope of its powers or is not legally permitted; or
2. Where the provision of assistance will result in serious interference with the performance of its own functions.
The authority requested may refuse to provide assistance if it believes that there is a good reason that it cannot give assistance.
Where the authority requested believes that it has no obligation to provide administrative assistance or there is a reason for it to refuse, it shall notify the authority requesting assistance of the reason for its refusal. In the case of opposition by the authority requesting assistance to the refusal, a decision shall be made by the common superior authority. In the absence of such a common superior authority, a decision shall be made by the superior authority of the requested authority.
The requested authority may demand that the authority requesting assistance pay all cost and expenses necessary for the administrative assistance. The amount and payment of such cost and expenses shall be determined by agreement between the authority requesting assistance and the requested authority, or by the common superior authority if no such agreement can be reached.

The term "party " used in this Act denotes the following persons:
1. An applicant and the adverse party to an application;
2. A person subject to the administrative disposition rendered by an administrative authority;
3. The opposite party to an administrative contract signed with an administrative authority;
4. A person for whom administrative guidance is employed;
5. A person filing a petition with an administrative authority; and
6. Any other person intervening into administrative procedures under this Act.

The following persons shall have the capacity to be parties to administrative procedures:
1. Natural persons;
2. Juristic persons;
3. Unincorporated bodies with representatives or managers;
4. Administrative authorities; and
5. Persons who may be subjects of rights and obligations under law.

The following persons shall have the disposing capacity for administrative procedures:
1. Natural persons who have disposing capacity under the Civil Code;
2. Juristic persons;
3. Unincorporated bodies represented by their representatives or managers to act in administrative procedures;
4. Administrative authorities represented by their head officers or agents or authorized persons to act in administrative procedures; and
5. Persons specified as such by other laws.
A person who has no disposing capacity for administrative procedures shall be represented by his statutory agent to act for and on behalf of him in administrative procedures.
An alien who has no disposing capacity for administrative procedures under the law of his own country but has disposing capacity for administrative procedures under the law of the Republic of China shall be deemed to have disposing capacity for administrative procedures.

Where the conduct of a procedure will affect the right or legal interest of a third person, the administrative authority may ex officio or upon application give such person a notice of intervention into the procedure as a party thereto.

A party may appoint an agent, unless the appointment of an agent is not permitted by law or regulation or by reason of the nature of the administrative procedure.
Each party may appoint no more than three agents.
The authority conferred upon an agent shall be effective in respect of all procedural acts done in connection with the administrative procedure for which the agent is appointed; provided that special authorization is required for revocation of application.
An agent in an administrative procedure shall produce a power of attorney at the time when he first acts in the administrative procedure.
The revocation of power of authority shall be effective with respect to an administrative authority only after a notice thereof has been filed with such authority.

Where there are two or more agents, each of them may act severally and independently for and on behalf of the party .
Notwithstanding an appointment made in contrary to the preceding paragraph, the agent so appointed may act severally and independently for and on behalf of the party.
With the consent of the principal, an agent may appoint another person as his sub-agent.

A power of agency is not extinguished by reason of death of the principal or as a result of the principal having been deprived of his disposing capacity for administrative procedure. The same applies in the event of change of the statutory agent or the dissolution, merger or change of the administrative authority.

In the case of a multiple number of parties with common interest, who have not made a joint appointment of agents, they may elect from among them one to five parties to act for and on behalf of all of them in the administrative procedure.
If no such a party or parties are elected, and the administrative authority believes that the normal process of the procedure will thus be hampered, it may order that such a party or parties be elected within a specified time limit; failure to do so upon the lapse of the time limit shall entitle the administrative authority to assign ex officio one or more parties.
An elected or assigned party may not resign or give up the post without a good cause.
Where there are one or more elected or assigned parties, only such party or parties shall have the power to act in the administrative procedure, and all other parties shall secede from the administrative procedure; provided, however, that withdrawal of application, waiver of any right or assumption of any obligation may be made only with the unanimous consent of all persons having common interest.

Where there are two or more elected or assigned parties, each of them may act severally and independently in administrative procedure for and one behalf of all parties.

Notwithstanding that parties with common interest have elected a party or parties or have had a party or parties assigned for them, they are entitled to replace any of such party or parties or increase or decrease the number thereof.
An administrative authority shall be entitled to replace any party or parties assigned by it or increase or decrease the number thereof if necessary for the interest of the parties with common interest.
In the case of disqualification of any party or parties under any of the two preceding paragraphs, the other elected or assigned party or parties shall be entitled to act in administrative procedure for and on behalf of all parties.

Any election or replacement, or the increase or decrease of the number, of a party or parties, shall have no effect without giving the administrative authority a written notice thereof.
Any assignment or replacement, or the increase or decrease of the number, of a party or parties made by an administrative authority shall have no effect without a written notice thereof served upon all parties with common interest; provided that a public announcement may be made in lieu of the notice if it is evidently difficult to give such notice.

A party or agent may, with the permission of the administrative authority, appear in the company of an assistant.
An administrative authority may order that a party or agent appear in the company of an assistant if the administrative authority deems it necessary.
Where an assistant referred to in any of the two preceding paragraphs is considered unsuitable by the administrative authority, the administrative authority may revoke the permission given before or forbid such assistant to make statements.
Any statement made by the assistant, unless an opposition thereto is raised instantly by the party or agent, shall be deemed to have been made by the party or agent himself, as the case may be.

In any of the following circumstances, a government officer shall recuse himself from the administrative procedure:
1. Where the government officer himself or his spouse, former spouse, any of his relative by blood within the fourth degree or relative by marriage within the third degree, or a person having previously such relationship with the government officer, is a party to the matter;
2. Where the government officer himself or his spouse or former spouse is connected with the party in a relationship of joint holders of rights or co-obligors in the matter;
3. Where the government officer is currently or was once an agent for or assistant to the party in the matter; or
4. Where the government officer was once a witness or expert witness in the matter.

In any of the following circumstances, the party may apply that a government officer recuse himself:
1. Where the government officer fails to recuse himself in spite of the existence of any of the circumstances specified in the preceding article; or
2. Where there are concrete facts to support sufficiently the belief that the government officer is likely to be biased in the exercise of his functions.
An application under the preceding paragraph shall be made, with a statement of grounds and facts, to the authority with which such officer serves, and shall be duly explained. The government officer whose recusal has been applied for may give his view in writing with respect to such application.
In the case of dissatisfaction to the decision of the administrative authority to reject the application, the matter may be brought to the superior authority within five days for review, and the administrative authority entertaining this matter shall take an appropriate action within ten days unless there is a good reason for it not to do so.
The government officer whose recusal has been applied for shall cause the administrative procedure to be stayed before the authority with which such officer serves makes a decision to either approve or reject the application; provided, however, that a necessary action shall be taken in emergency situation.
Where a government officer falls into any of the circumstances specified in the preceding article but fails to recuse himself, and no application for his recusal has been filed by any party, the authority with which such officer serves shall order ex officio that he recuse himself.

The commencement of an administrative procedure is subject to determination to be made by the administrative authority ex officio; provided that, this shall not apply where the administrative authority is bound by this Act or any other law to commence the administrative procedure or where an application therefor has been filed by the party under law or regulation.

Unless otherwise prescribed by law or regulations, an application filed under law with an administrative authority may be in writing or oral. In the case of an oral application, the administrative authority entertaining the application shall keep a record thereof and shall cause it to be signed by or affixed with the personal seal of the applicant after it is read aloud to or examined by and confirmed to be free of errors by the applicant.

An administrative authority shall conduct inquisition ex officio into evidence regardless of any allegation which may have been made by the party, and shall take into consideration circumstances both advantageous and disadvantageous to the party.

During the administrative procedure, the party may, in addition to producing evidence on his own initiative, file an application to the administrative authority for inquisition into facts and evidence; provided that, if the administrative authority believes that no inquisition is necessary, it may choose not to conduct inquisition but shall give its explanation in the part of the notice dealing with reasons as required by article 43 hereof.

In the course of inquisition into facts and evidence, an administrative authority may keep truthful records in writing if necessary.

Where it is necessary for the purpose of inquisition into facts and evidence, an administrative authority may give any related person a written notification, requiring that he appear to give his opinions.
The notification shall give such details as the purpose of the inquiry, the time and place where the person notified is required to appear, whether or not he is allowed to appoint another person to appear on his behalf, and the consequence for failure to appear.

An administrative authority may request the party or a third person to provide documents, information and/or other articles as may be necessary for the purpose of inquisition into facts and evidence.

An administrative authority may select and appoint suitable persons to conduct expert inspection.
In the case of expert inspection conducted of documents, the expert witness who conducted such inspection may be required to appear to give explanations if necessary.

An administrative authority may take evidence by inspection for the purpose of finding the true facts.
The party shall be notified of the taking of evidence by inspection and requested to be present, unless it is impossible to give such notice.

In rendering an administrative disposition or carrying out other administrative acts, an administrative authority shall make a judgment of the truthfulness of the facts based on logical reasoning and the empirical doctrine after taking into consideration the statements presented and the conclusion reached upon the facts found and the evidence obtained, and shall then give the party a notice of its decision and reasons therefor.

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The party or an affected person may apply to an administrative authority for examining, transcribing, copying or taking photographs of relevant materials or records; provided that the materials or records are necessary for claiming or protecting his legal interest.
An application made under the preceding paragraph to an administrative authority may not be denied except for information specified as follows:
1. Drafts and other preliminary operational documents prepared before an administrative decision is made;
2. Information relating to national defense, military, diplomacy and any other general official secrets, which is legally required to be kept in confidence;
3. Information relating to personal privacy, occupational secrets and trade secrets, which is legally required to be kept in confidence;
4. Information [the disclosure of which] is likely to result in infringement of the right of any third party; and
5. Information [the disclosure of which] is likely to result in serious impairment to the social security, public safety or the normal performance of any function in connection with the public interest.
Examination shall be permitted of the part of the information specified under sub-paragraphs 2 and 3 of the preceding paragraph, if no confidentiality is necessary therefor.
Where a party finds any error in the materials or records referred to in paragraph 1, concerning the party himself, he is entitled to request the administrative authority to make correction upon producing proofs of the facts.

In the course of an administrative procedure, a government officer shall not enter into contact with a party thereto or any person representing the interest thereof for any purpose other than that of the administrative procedure, unless it is necessary for the performance of his duties.
A government officer who has contacted a party or any person representing the interest thereof for any purpose other than that of the administrative procedure shall place in the file all written documents in connection with his communication with such party or person and shall make such documents open to all other parties, if any.
Where the contact referred to the preceding paragraph was not made in writing, a written record thereof shall be kept, describing therein the person contacted, the time and place where the contact was made, and the contents thereof.

A period fixed by hours shall commence immediately.
Where a period is fixed by days, weeks, months or years, the first day does not count for the purpose of calculation, unless it is prescribed by law that the period shall commence as of the immediate day.
If a period does not run from the beginning day of a week, month or year, it ends with the expiration of the day preceding the day of the last week, month or year which corresponds to that on which it began to run; provided that, if a period is fixed by months or years and there is no corresponding day in the last month, the period ends with the expiration of the last day of the last month.
If the last day of a period falls on Sunday, national holiday or any other holiday, the day following that day shall take its place, and if the last day of a period falls on Saturday, its last day shall be the Monday morning of the following week.
If a period has to do with any punishment to be imposed upon or any adverse administrative disposition to be rendered against a person, the beginning day shall be the whole day thereof regardless of any hour of the day; and if the last day falls on Sunday, national holiday or any other holiday, it shall ends on that day, unless it is more advantageous to the person if calculated in the manner set forth in paragraphs 2 and 3 hereof.

Where an application based on law or regulation is submitted to an administrative authority by registered mail, it shall be deemed to have been duly filed on the day it is posted as shown by the postmark

Where an application based on law or regulation can not be filed within the statutory period by reason of an act of God or any event not attributable to the applicant, the applicant may apply for restoration to the status quo ante within ten days after the cause [preventing the filing] vanishes. If the statutory period is less than ten days, an application for restoration to the status quo ante may be made within the corresponding number of days.
When applying for restoration to the status quo ante, the administrative procedural act that should have been done within the statutory period shall be carried out at the same time.
No application for restoration to the status quo ante may be made upon the lapse of the statutory period for one year or more.

Unless otherwise provided by law, an administrative authority shall establish and announce by a public notice the time periods required for processing various categories of applications filed by the people under law and regulations.
In the absence of processing time period established and announced under the preceding paragraph, the processing time period shall be two months.
Where an administrative authority is unable to complete the process within the time period established in pursuance of the two preceding paragraphs, the process may be extended to the extent of the original processing time period, but for once only.
In the circumstance referred to in the preceding paragraph, the applicant shall be notified of such extension prior to the expiration of the original processing time period.
Where an administrative authority is prevented from processing its business by an act of God or any other event not attributable to it, the processing time period shall stop running until the discontinuation of such event.

All cost and expenses arising out of an administrative procedure shall be borne by the administrative authority, with the exception of cost and expenses incurred solely for the benefit of the party or an affected person.
Where the procedure has had obvious delay caused by the occurrence of any event attributable to the party or an affected person, the cost and expenses incurred as a result of such delay shall be borne by such party or person.

A witness or expert witness is entitled to claim payment by the administrative authority of per diem allowance and traveling expenses as specified by law, and an expert witness is entitled to claim, in addition thereto, a reasonable amount of remuneration.
A witness or expert witness may request that the administrative authority make advance payment of the expenses and remuneration payable under the preceding paragraph, in such amount as the administrative authority may determine at its discretion.
Unless otherwise provided by law, the schedule of standard cost and expenses payable under paragraph 1 hereof shall be established by the Executive Yuan.

The provisions of this Section shall apply to hearings held under this Act or other laws and regulations.

Before holding a hearing, the administrative authority shall serve upoon the party and any other known affected person a written notice, giving therein the following details, and shall cause the notice to be published if necessary:
1. Subject matter of and grounds for the hearing;
2. Name or trade name and the domicile or residence, office or business location of the party;
3. Date and location of the hearing;
4. Basic procedure of the hearing;
5. That the party may appoint an agent;
6. The rights to which the party is entitled under article 61 hereof;
7. Date and location of preliminary hearing, if any, intended to be held;
8. The manner in which failure to appear before the hearing will be dealt with; and
9. The name of the authority holding the hearing.
Where it is required by law or regulation that the hearing must be announced in advance by a public notice before it is held, the administrative authority shall cause the details required by the preceding paragraph to be published in a government gazette or made known to the public by other appropriate means.
The date and location of the hearing shall be determined, depending on the nature of the matter, in such a manner that a reasonable amount of time must be allowed to make it possible for the party or his agent to participate in the hearing.

An administrative authority may, either ex officio or upon application by the party, change the date and location of the hearing, provided that it has a good reason to do so.
In the case of any change made by an administrative authority under the preceding paragraph, it shall give a notice thereof and cause it to be published as required by the preceding article.

A hearing shall be presided over by the head officer of the administrative authority or an officer appointed by him for that purpose, who may be assisted at the hearing, if necessary, by attorneys, professionals in other related fields and/or other persons knowledgeable in law.

To facilitate the unobstructed progression of the hearing proceeding, the administrative authority may hold before the date scheduled for the hearing a preliminary hearing if it deems necessary to do so.
A preliminary hearing may be held for the purposes of:
1. Discussing on the process of the hearing proceeding;
2. Defining the issues;
3. Presenting relevant documents and evidence; and
4. Changing the date and place of the hearing and replacing the hearing officer [if necessary].
Minutes shall be taken of the preliminary hearing.

The hearing shall be held orally and in public, unless it is otherwise required by law.
In any of the following circumstance, the hearing officer may determine ex officio or upon application of the party not to make the entire or a part of the hearing proceeding open to the public:
1. Where making the hearing open to the public is likely against the public interest; or
2. Where making the hearing open to the public is likely to cause material harm to the interest of the party.

The hearing proceeding shall begin with a statement of the subject matter by the hearing officer.
At the beginning of the hearing, the hearing officer or a person appointed by the hearing officer shall state the essence of the matter.

During the hearing, the party is entitled to present his opinions and produce evidence and, if the hearing officer permits, may also put questions to officers designated by authorities, witnesses, expert witnesses, and other parties or agents thereof.

In conducting the hearing, the hearing officer shall maintain an unbiased and fair position.
The hearing officer may exercise the following powers during the hearing:
1. To inquire of the party and other persons present at the hearing with respect to questions of fact or law or to demand the production of evidence;
2. To delegate ex officio or upon application of the party any other related authority to carry out necessary inquisition;
3. To require by notification the appearance of any witness or expert witness;
4. To require by notification or to allow ex officio or upon application the intervention by any affected party into the hearing proceeding;
5. To permit the party or any other person present at the hearing to raise questions or to make statement;
6. To forbid the party or any other person present at the hearing to make statement in order to avoid delay of the hearing proceeding and to order the expulsion of any such person if the hearing proceeding is seriously obstructed thereby;
7. To begin, postpone or conclude the hearing proceeding as the case may require notwithstanding the failure of all or some of the parties to appear without good cause;
8. To admit the statement contained in the relevant documents presented by the party at the preliminary hearing as his statement made at the hearing;
9. To determine before the end of the hearing the date and place where further hearing will be held if he deems it necessary;
10. To suspend the hearing ex officio or upon application by the party in the event of the occurrence of an act of God or other incident preventing the conduct of the hearing; and
11. To take any other actions as may be necessary for the unobstructed progression of the hearing proceeding.
Upon determining the date and place where further hearing will be held under sub-paragraph 9 of the preceding paragraph, the hearing officer shall give a notice thereof to any party and known affected person who might be absent from the hearing.

Where a party considers the action taken by the hearing officer during the hearing to be contrary to law or improper, he may raise instantaneously an objection thereto.
If the hearing officer considers the objection well grounded, he shall revoke the action taken by him. If the objection is considered groundless, it shall be denied.

Minutes shall be taken of each session of hearing.
The minutes required by the preceding paragraph shall spell out the essence of the statements made or questions raised by all persons appearing at the hearing, together with the documents and/or evidence as may be produced thereby, and shall note the matters relating to which objection was raised by the party in the course of the hearing and the action taken by the hearing officer to deal with such objection.
Audio and/or video recordings may be used to assist the taking of hearing minutes.
Hearing minutes taken and completed instantly at the hearing shall be signed by or affixed with the personal seals of the persons making statements and/or raising questions. Minutes not completed instantly at hearing shall be made available at a date and place designated by the hearing officer for examination by the persons who made statements and/or raised questions during the hearing and shall thereupon cause their signatures or personal seals to be affixed thereon.
In the situation described in the preceding paragraph, if a person who made any statement and/or raised any question during the hearing refuses to put on the minutes his signature or personal seal or fails to examine the minutes at the date and place designated for such purpose, the fact of such refusal or failure shall be specifically noted.
Where a person who has made statement or raised question desires to raise any objection to the entries in the hearing minutes, he may do so instantaneously. If the hearing officer considers the objection well grounded, he shall make corrections and/or additions to the minutes. If the objection is considered groundless, it shall be noted accordingly.

When the hearing officer is satisfied that the party has fully expressed his views and that the case has come to the stage where a decision can be made, he shall close the hearing.

After a hearing is closed and before a decision is made, the administrative authority may order to have the hearing re-opened if necessary.

Unless otherwise prescribed by law, service shall be executed ex officio by the administrative authority.

Service may be executed either by the administrative authority itself or through the post office.
A document of an administrative authority duly sent by exchange of telegraphs, telex, facsimile or other electronic means shall be deemed to have been served by the administrative authority itself.
Service to be executed through the post office shall be sent by regular mail services; provided that documents with material impact on the right or obligation of the person upon whom service is made shall be posted by registered mail.
In the case of service of a document executed by the administrative authority itself, the officer in charge of the business or the officer responsible for service of process shall be the process server; and in the case of service executed through the post office, the postman shall be regarded as the process server.
The Enforcement Rules Governing Service of Process by Post Office established under Article 3 of the Enforcement Law of the Code of Civil Procedure shall apply mutatis mutandis to service executed through the post office in pursuance of the preceding paragraph.

Service upon a person having no disposing capacity for administrative procedure shall be executed on his statutory agent.
Service upon a government authority, juristic person or unincorporated body shall be executed on its representative or manager, as the case may require.
Where there are two or more statutory agents, representatives or managers, service may be executed on any one of them.
Where a person having no disposing capacity for administrative procedure does an act in an administrative procedure without having informed the administrative authority of his appointment of a statutory agent, the administrative authority may, before an amendment is filed, effect service upon such a person [notwithstanding his lack of disposing capacity].

Service on a foreign juristic person or entity having a business office or business establishment within the Republic of China shall be executed on its representative or manager residing in the Republic of China.
Paragraph 3 of the preceding article shall apply mutatis mutandis to service effected in pursuance of the preceding paragraph.

Where the power of an agent in an administrative procedure to accept service is not subject to restriction, service shall be directed to such agent, unless the administrative authority deems it necessary to serve on the party personally.

Service shall be executed at the domicile, residence, business office or business establishment of the person to be served upon; provided that, if the person to be served upon is met at the office of the administrative authority or elsewhere, service may be executed at the place where he is met.
Service upon the representative or manager of a government authority, juristic person or unincorporated body shall be executed at the location of such authority or the business office or business establishment [of such person or body]; provided, however, that service may also be carried out at the place where such representative or manager is met or at the place of his domicile or residence wherever necessary.
Service may also be executed at the workplace, if any, of the person to be served upon.

If the person to be served upon is not found at the location where the service is supposed to be effected, the document for the service may be left with a person of discernment residing in the same dwelling house or his employee or the person hired for receiving mails at the place of service.
The provision of the preceding paragraph shall not apply where any of the persons referred to in the preceding paragraph happens to be a person with the opposite interest in the administrative procedure.
Where the person to be served upon or a person residing in the same dwelling house, or his employee or the person hired for receiving mails refuses to accept service of the document without a good cause, the service may be effected by leaving the document at the place of service.

Where service cannot be executed in the manner prescribed by the two preceding articles, it may be effected by leaving the document for service with the local self-governing authority or police authority of the place where the service is intended to be executed, and preparing a notice of service in duplicate, one of which shall be posted on the door at the domicile, residence, business office, business establishment or workplace of the person to be served upon and the other shall be either delivered to one of his neighbors for forwarding to the person to be served upon or placed in the mailbox or at a suitable location of the place where service is intended to be executed.
In the circumstance referred to in the preceding paragraph, if the service is carried out through the post office, the document for service may be left with the post office at the place where service is intended to be executed.
The office with which a document is left shall keep the document in custody for three months from the date of receipt thereof.

Service to be executed by an administrative authority upon unspecified persons may be carried out by way of public notice or publication in a government gazette or newspaper in lieu of actual service.

The process server may prepare a certificate of service as may be necessary for the purpose of proof, and specify therein the following particulars and affix thereon his signature:
1. The authority ordering the service to be made;
2. The person to be served upon;
3. The title of the document for service;
4. The place where and the date and time when service was made; and
5. The manner in which service was executed.
With the exception of service effected by electronic transmission, the certificate of service shall be signed by or affixed with the seal of the person accepting the service; if the person refuses or is unable to sign or affix his seal thereon, the process server shall have such facts noted down in the certificate.
The certificate of service shall be presented to the administrative authority for the file.

Where service of process is executed by an administrative authority upon a third party out of an application made by the party, the administrative authority shall notify the party of the successful execution of the service or the reason for non-execution thereof.

In any of the following circumstances, an administrative authority may, upon application, permit service by publication:
1. If the place of service is unascertainable;
2. If service has been attempted at the place of domicile or residence or business office of a person entitled to extraterritorial privileges, and is of no avail; or
3. If service is intended to be executed in a foreign nation or outside the Republic of China but cannot be done so in the manner required by article 86 hereof or it is foreseeable that in spite of efforts to be made in accordance with said article such efforts would be rendered abortive.
Where no application for service by publication has been made by any person under any of the circumstances specified in the preceding paragraph, the administrative authority may order ex officio that service be executed by publication if it deems necessary to do so in order to avoid possible delay of the administrative procedure.
If any of the circumstances specified in the preceding paragraph occurs as a result of the failure of the party to give the administrative authority a notice of change of the location where service upon him should be made, the administrative authority may order ex officio that the service be executed by publication.

If, after service has been effected by publication under the preceding article, subsequent service upon the same party shall continue to be made by publication, it may be done so ex officio.

In executing service by publication, the administrative authority shall keep in custody the document for service and post on its notice board a public notice, making it known to the person to be served upon that the document is available for claim at any time, and the administrative authority may additionally publish such document or an excerpt thereof in a government gazette or newspaper.

Service by publication takes effect as of the date of expiry of a period of twenty days from the date on which the public notice is posted as required by the preceding article or from the last date of publication in the government gazette or newspaper as the case may be; service by publication effected pursuant to article 78, paragraph 1, sub-paragraph 3, takes effect as of the sixtieth day from the date of publication; provided, however, that service by publication under article 79 shall become effective as of the date following the date of posting on the notice board.

With respect to service by publication, the administrative authority shall prepare and keep on file a certificate, giving therein such details as the subject matter and the date and hour of the service.

Where the party or his agent has appointed a person to accept service for him and a notice thereof has been given to the administrative authority, service shall be executed on the person so appointed.
In the case of an application filed with the administrative authority by post, the administrative authority may order that the party appoint within a specified time limit a person to accept service for him if he maintains no domicile or residence, or business office or business establishment, at the place where the application was posted.
If the party fails to appoint a person to accept service within the time limit specified under the preceding paragraph and notify the administrative authority accordingly, the administrative authority may note down on the document for service the domicile or residence, or the place of business office or business establishment, of the party or his agent, and deliver the same to a post office to be sent by a registered mail. The service shall be deemed to have been duly effected at the time when the document is so delivered to the post office.

Except where service is carried out by delivering the document to the post office in pursuance of article 68, paragraph 1, or is made in pursuance of paragraph 2 thereof, no service may be executed on Sundays or any other holidays, nor before sunrise or after sunset, unless the person to be served upon does not refuse to accept the service executed at such times.

Where service is rendered non-executable, the process server shall prepare a report of the fact and present the same to the administrative authority for the file and shall return the document intended to be served.

Service in a foreign nation shall be executed by request for such purpose to be addressed to the competent government agency of that nation or the embassy, minister, consulate or any other institution or organization of the Republic of China residing in that nation.
If no service can be effected as required by the preceding paragraph, the document may be served by delivering it to a post office to be sent by a registered mail, return receipt requested, and the return receipt shall be filed.

Service upon an ambassador, minister, consul or any other government official of the Republic of China residing in a foreign nation shall be carried out by requesting the Ministry of Foreign Affairs for such purpose.

Service upon a serviceman on active service in the armed forces or on a military vessel shall be executed by requesting the competent military organization or the commanding officer thereof for such purpose.

Service upon an inmate in a prison or detention house shall be executed by requesting the head officer of the prison or detention house for such purpose.

For service to be executed at the domicile or residence or business office of a person enjoying extraterritorial privileges, request may be addressed to the Ministry of Foreign Affairs for such purpose.

Where the government authority or officer requested to execute service of process has notified the administrative authority of the successful execution of or non-execution of the service, the administrative authority shall put such notification on the file.