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

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Chapter Law Content

Chapter II Administrative Disposition
Section 1 Formation of Administrative Dispositions
Article 92
The term "administrative disposition" in this Act denotes a unilateral administrative act with direct external effects, rendered by an administrative authority in making a decision or taking other actions within its public authority, in respect of a specific matter in the area of public law.
Where the persons subject to a decision or actions referred to in the preceding paragraph, although unspecified, are definable in light of their general characteristics, such a decision or action constitutes a general disposition, to which the provisions herein set forth with respect to administrative dispositions shall apply. The same applies to the creation and abolishment of and alteration to public property.
Article 93
Where an administrative authority is conferred with the power of discretion in rendering an administrative disposition, it may add provisions incidental thereto. If it has no discretion, incidental provisions may be added only if the addition of such provisions is explicitly permitted by law or if they are added for the purpose of ensuring that the legal requirements of the administrative disposition will be fulfilled, provided that such legal requirements are taken as terms of the incidental provisions.
The incidental provisions referred to in the preceding paragraph are:
1. Time limit;
2. Conditions;
3. Burden;
4. Reservation of the right to revoke the administrative disposition; and
5. Reservation for subsequent imposition of additional burdens or modifications thereto.
Article 94
No incidental provisions added pursuant to the preceding paragraph shall be contrary to the purpose of the administrative disposition rendered. In stead, they shall be properly and reasonably relevant to the purpose of the administrative disposition to which they pertain.
Article 95
An administrative disposition may be rendered in writing, orally or in any other form, unless the law requires that it must be formal.
In the case of an administrative disposition rendered other than in writing, the authority rendering the disposition may not refuse to have it made in writing if the person subject to it or a person affected thereby has a good cause to request so.
Article 96
An administrative disposition rendered in writing shall give the following particulars:
1. The name, date of birth, sex/gender, identification number, domicile or residence, and any other features for identification of the person subject to the disposition; if the person subject to the disposition is a juristic person or a body with a manager or representative, the name, business office or business establishment of such body, and the name, date of birth, sex/gender, identification number, and domicile or residence of such manager or represent;
2. The subject matter, facts, reasons and legal basis of the disposition;
3. Contents of the incidental provisions, if any;
4. The name of the authority rendering the disposition, with the signature and personal seal of its head officer, and also counter-signed by the agent or appointee, if any, of the authority; provided that, an administrative disposition made en masse by means of automatic machine may bear only the seal in lieu of the signature;
5. Reference number and date of the document; and
6. The statement to the effect that it is an administrative disposition and the means of remedy available in case of dissatisfaction with the administrative disposition, the time period within which remedy may be sought and the authority with which application for remedy must be filed.
The requirement set forth in the preceding paragraph shall apply mutatis mutandis to written dispositions made under paragraph 2 of the preceding article.
Article 97
In any of the following circumstances, no statement of reasons is required for an administrative disposition rendered in writing:
1. Where no restraint is imposed upon the right or interest of any person;
2. Where the reasons supporting the administrative disposition is known or knowable to the person subject to the disposition or the person affected thereby without the necessity for the authority rendering the disposition to make further explanations;
3. Where the administrative disposition is one of the same kind rendered en masse or by means of automatic machine, for which no statement of reasons is needed in light of the situation involved;
4. Where the disposition is a general disposition which has been announced by a public notice or has been published in a government gazette or newspaper;
5. Where the disposition is one that relates to examination, qualifying and appraisal procedure in respect of specialized knowledge, skills or qualification; and
6. Where it is prescribed by law that no statement of reasons is necessary.
Article 98
If the time period within which remedy may be sought as informed by the authority rendering the disposition is erroneous, the authority shall make a correction by way of a notice, and the statutory period therefor shall begin to run from the date following the date on which such notice is served.
If the time period within which remedy may be sought as informed by the authority rendering the disposition is longer than the statutory period, and the person subject to the disposition or a person affected thereby, having failed to file an application for remedy within the statutory period, has nevertheless done so within the period as informed by the authority in reliance upon the information given thereby despite a notice of amendment given by the authority, such application for remedy shall be deemed to have been filed within the statutory period.
If the authority rendering the disposition fails to give information of the time period within which remedy may be sought or the time period informed thereby is erroneous but has never been corrected, thereby resulting in delay in seeking remedy by the person subject to or any person affected by the disposition, a statement of dissatisfaction made thereby within one year after the written disposition was served shall be deemed to have been made within the statutory period.
Article 99
A statement of dissatisfaction with an administrative disposition filed with an authority without jurisdiction over the matter as a result of failure of the authority rendering the disposition to give information or the information given by such authority is erroneous, the authority [without jurisdiction] shall refer the matter to the competent authority within ten days and notify the party accordingly.
In the situation described in the preceding paragraph, the statement of dissatisfaction shall be deemed to have been filed ab initio with the competent authority.
Article 100
A written administrative disposition shall be served upon the person subject to the disposition and any person known to be affected thereby. For an administrative disposition in a form other than written, other appropriate means shall be taken to cause such persons to be notified or to make the disposition known to them.
Service of a general disposition may be effected by way of a public notice or publication in a government gazette or newspaper in lieu of actual service.
Article 101
In the case of any handwriting or typing error, miscalculation or any other similar apparent error occurring in an administrative disposition, the authority rendering the disposition may make amendment thereto at any time either on its own initiative or upon application therefor.
An amendment made under the preceding paragraph shall be marked down in the original copy of the written disposition and the authentic copy thereof. If it is impossible to do so, a written statement of amendment shall be made, and the person subject to the disposition and any person known to be affected thereby shall be notified in writing of such amendment.
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