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Chapter Law Content

Chapter I General Provisions
Section 3 Parties
Article 20
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.
Article 21
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.
Article 22
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.
Article 23
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.
Article 24
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.
Article 25
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.
Article 26
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.
Article 27
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.
Article 28
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.
Article 29
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.
Article 30
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.
Article 31
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.