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Chapter 3 Administrative Appeal Procedure
Section 2 The Review of the Administrative Appeal
Article 63
An administrative appeal is a proceeding of paper review and without hearing.
When necessary, the agency with jurisdiction of administrative appeal may notify the administrative appellant, intervenor appellant, or third party with interest at stake to the place assigned by the agency to state her/his opinion.
When the administrative appellant or intervenor appellant file an application for stating her/his opinion with reasonable grounds, they shall be given the chance to appear at the place assigned by the agency with jurisdiction of administrative appeal to pose her/his opinion.
Article 64
The chairman of the administrative appeal review committee may assign the commissioner(s) to hear the opinion of the administrative appellant, intervenor appellant, or third party with interest at stake who appears at the agency.
Article 65
The agency with jurisdiction of administrative appeal may according to an application of the administrative appellant or intervenor appellant or when necessary, the agency may by its ex officio to notify the administrative appellant, intervenor appellant, or aforesaid parties’ representative(s), administrative appeal representative, assistant and staff assigned by the agency which the administrative action was made to proceed an oral argument at the assigned date and place.
Article 66
The procedures of the oral argument are stipulated as follows:
1. The agency with jurisdiction of administrative appeal states the summary of the case.
2. The administrative appellant, intervenor appellant, or administrative appeal representative states the issue of fact and the issue of law.
3. The agency which the administrative action was made states the issue of fact and the issue of law.
4. The agency with jurisdiction of administrative appeal or the agency which the administrative action was made to state the opinion concerning the opposition parties or defense the statement or the defense of the opposition parties.
5. The agency with jurisdiction of administrative appeal to inquire the administrative appellant or the agency which the administrative action was made.
While the oral argument stipulated in last Paragraph is uncompleted, a secondary oral argument may be allowed.
Article 67
The agency with jurisdiction of administrative appeal shall conduct evidence investigation, test, or inspection by its ex officio or upon a request to the relevant government agency or staff which is not bound by the administrative appellant’s allegation.
The agency with jurisdiction of administrative appeal shall investigate evidence based according to the application of an administrative appellant or intervenor appellant. However, the agency with jurisdiction of administrative appeal concluded that the application to investigate a specific evidence is unnecessary.
The result of the evidence investigation by the agency with jurisdiction of administrative appeal by its ex officio or according to one’s application shall not be used as the bases of an unfavorable decision against the interest of the administrative appellant, except that the administrative appellant and intervenor appellant had been given the chance to express her/his opinion.
Article 68
The administrative appellant or intervenor appellant may present the documentary evidence or other evidence during the procedure. However, while the agency with jurisdiction of administrative appeal assigns a peremptory period to present the evidence, the evidence shall be presented in the specific period.
Article 69
The agency with jurisdiction of administrative appeal may by its ex officio or according to the application of the administrative appellant or intervenor appellant to request the relevant government agency, school, organization or any individual with the expertise to conduct the examination.
While the agency with jurisdiction of administrative appeal concluded the examination is unnecessary and the administrative appellant or intervenor appellant is willing to bear the cost for the examination, the administrative appellant or intervenor appellant may apply for the examination and the agency with jurisdiction of administrative appeal may not reject the application without justification.
The expert witness shall be assigned by the agency with jurisdiction of administrative appeal.
While there are more than one expert witnesses, they may state one common opinion jointly, however that there are different opinions, the agency with jurisdiction of administrative appeal shall make them to state their own opinion independently.
Article 70
The expert witness shall present her/his opinion via an examination statement. While the agency with jurisdiction of administrative appeal deems necessary, the agency may invite the expert witness to explain her/his opinion at the assigned place.
Article 71
While the examination required the relevant materials under the possession of the agency which the administrative action was made or the agency with jurisdiction of administrative appeal, the agency with jurisdiction of administrative appeal shall inform and grant an permission to the expert witness to use those materials. However, the agency with jurisdiction of administrative appeal may set limitation in scope and method for such use.
Due to conduct the examination, the expert witness may request the agency with jurisdiction of administrative appeal to investigate the relevant evidence.
Article 72
The cost of the examination shall be born by the agency with jurisdiction of administrative appeal, and such cost may be paid in advance upon the request of the expert witness.
While the administrative appellant or intervenor appellant has paid the cost for the examination according to Article 69 Paragraph 2, and the result of the examination has been used to as a base of a favored decision or judgment for the administrative appellant’s or intervenor appellant’s interest, the administrative appellant or intervenor appellant may file an application to the agency with jurisdiction of administrative appeal for reimbursement within 30 days after the administrative appeal or administrative litigation is conclusive and irrevocable.
Article 73
The agency with jurisdiction of administrative appeal may by its ex officio or according to the administrative appellant or intervenor appellant’s application command a third party to present the document or other items, the agency may take custody of such document or item.
The agency with jurisdiction of administrative appeal may get a document or other items under the custody of an official or a government agency.
Unless the contents commanded by the agency with jurisdiction of administrative appeal as stipulated in last Paragraph is against the national secrecy, the official or government agency shall not refuse to present it.
Article 74
The agency with jurisdiction of administrative appeal may by its ex officio or according to the application of the administrative appellant or intervenor appellant to conduct an inspection for the necessary item or place.
The agency with jurisdiction of administrative appeal shall notify the administrative appellant, intervenor appellant or relevant person to appear at the date, time, and place of the inspection according to last Paragraph.
Article 75
The agency which the administrative action was made shall present all relevant evidences as the bases of the administrative action to the agency with jurisdiction of administrative appeal.
The administrative appellant, intervenor appellant, or administrative appeal representative may file an application for view, cite or copy for such evidence materials stipulated in last Paragraph. The agency with jurisdiction of administrative appeal shall not refuse without justification.
The agency with jurisdiction of administrative appeal shall specify the date, time, and place for the view, cite or copy for the evidence materials stipulated in Paragraph 1.
Article 76
While the administrative appellant or intervenor appellant has objection(s) to the procedure decision made by the agency with jurisdiction of administrative appeal during the administrative appeal procedure, she/he shall consolidate the procedure decision and the administrative appeal decision to file an administrative litigation.