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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/23 23:53
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Chapter Law Content

Chapter 4 Procedure For The Review De Novo of Administrative Appeal
Article 97
While one of the following situations is met, the administrative appellant, intervenor appellant or any third party with interest at stake may apply for a review de novo against an irrevocable and conclusive administrative appeal decision to the agency with jurisdiction of administrative appeal, except that she/he has already pleaded the cause(s) in an administrative litigation or failed to plead in spite of her/his learning the cause(s):
1. While it is obvious that Laws and Regulations have been applied in mistake.
2. While it is obvious that the reasons of an administrative appeal decision are inconsistent with the holding thereof.
3. While the agency with jurisdiction of administrative appeal was not constituted as stipulated by law.
4. While the commissioner(s) who participated in the administrative appeal decision shall be defaulted according to Acts or Regulations .
5. While a commissioner(s) who participated in the administrative appeal decision committed a criminal offense relating to his official duties in connection with the administrative appeal.
6. While an administrative appeal representative committed a crime in connection with the administrative appeal, which is punishable by the Criminal Law and affected the administrative appeal decision.
7. While an evidence has been used as the bases of the administrative appeal decision is found to be forged or fraudulently altered.
8. While a witness, an examiner or an interpreter on whose testimony, examine opinion has be used as the bases of the administrative appeal decision has been proved punishable by perjury;
9. While a civil, criminal or administrative litigation judgment or administrative action on which the administrative appeal decision was based has been altered.
10. While an evidence which was not taken into consideration or was not been used as the basis has been discovered after the decision has been made.
A request for review de novo stipulated in last Paragraph shall be instituted within 30 days.
The period stipulated in last Paragraph calculates from the time when the administrative appeal decision becomes irrevocable and conclusive except the cause of review de novo happened or was known until after the administrative appeal decision has become irrevocable and conclusive, the period calculates from the time when the cause of review de novo was known.
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