An administrative authority shall, before rendering an administrative disposition to impose restraint on the freedom or right of a person or to deprive him of the same, give the person subject to the disposition an opportunity to state his opinions, unless a notice has been given to the person subject to the disposition under article 39 hereof to enable him to state his opinions or it has been decided that a hearing will be held, except where it is otherwise prescribed by law.

No opportunity for statement of opinions is required to be given by an administrative authority in any of the following circumstances:
1. Where the disposition is one of the same kind rendered en masse;
2. Where the situation is so pressing that offering of an opportunity to state opinions will obviously be against the public interest;
3. Where limitation of the statutory period would make it obviously impossible to act accordingly even if an opportunity to present opinions were given;
4. Where the actions are taken in the course of administrative enforcement proceedings;
5. Where the facts based on which the administrative disposition is rendered are objectively clear enough to be firmly established;
6. Where the degree and extent to which freedom or right is restrained are obviously minor to the extent that there is no need to hear in advance the opinions of the person subject to the disposition;
7. Where the person subject to the disposition is required by law to file an application to an administrative authority for review, opposition, reexamination, reconsideration or any other prior proceeding before an administrative appeal may be instituted; or
8. Where the disposition is a preventive junction or a ne exeat republica issued legally for the purpose of preventing the person subject to the disposition from concealing or transferring his assets or absconding from the nation.

When offering the person subject to the disposition an opportunity to state his opinions, the administrative authority shall give such person a written notice containing the following particulars and shall cause it to be published if necessary:
1. The name of the person subject to the disposition and his place of domicile or residence and business office or business establishment;
2. The cause in fact for and the legal basis on which the administrative disposition restraining or taking away particular freedom and right is rendered;
3. Explanation to the effect that a written statement may be presented under article 105 hereof;
4. The time limit within which the written statement, if any, must be presented and the consequence of non-presentation of statement;
5. Other matters as may be necessary.
The administrative authority may notify orally the person subject to the disposition of the particulars required by the preceding paragraph and keep a record thereof, which shall be read to or by the person subject to the disposition and then signed by or affixed with the personal seal of the person. If the person subject to the disposition refuses to sign or affix his personal seal on the record, it shall be so noted.

A person subject to the administrative disposition who presents a written statement under the preceding article shall state therein the facts and his point of law.
An affected person is likewise entitled to present a written statement of the facts and his point of law; provided that he shall give full explanation of his interest in the administrative disposition for which he is related.
Failure to produce written statement within the specified period shall be deemed to be a waiver of the opportunity to make statement.

The person subject to an administrative disposition or a person affected thereby may present to the administrative authority within the time limit specified by article 104, paragraph 1, subparagraph 4, an oral statement of his opinions in lieu of written statement.
The administrative authority shall enter into record the opinions presented orally, which shall be read to or by the person making the statement and then signed by or affixed with the personal seal of such person upon his confirmation that the record is free of errors. If the person refuses to sign or affix his seal on the record, it shall be so noted. In the case of any objection raised by the person making the statement, the record shall be corrected.

In any of the following circumstances, the administrative authority shall hold a hearing:
1. Where the law requires explicitly the holding of a hearing; and
2. Where the administrative authority considers it necessary to hold a hearing.

In rendering an administrative disposition based upon a hearing, the administrative authority shall, in addition to acting in compliance with article 43 hereof, take into consideration the entire result obtained from such hearing; provided that a disposition shall be rendered according to the minutes of the hearing if it is expressly required so by law.
An administrative disposition rendered pursuant to the preceding paragraph shall be made in writing, and the party thereto shall be notified accordingly.

In the case of dissatisfaction having been raised against the administrative disposition rendered pursuant to the preceding article, no administrative appeal or other prior proceedings are required for the purpose of institution of an administrative remedial proceeding in relation thereto.