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Chapter Law Content

Chapter 1 General Provision
Section 4 Administrative Appellant
Article 18
Any individual, legal entity or organization or anyone whom an administrative action is issued to as well a third party with interest at stake may file an administrative appeal.
Article 19
Anyone who could have undertook obligation independently via conducting legal affairs has capacity to file an administrative appeal.
Article 20
One without capacity to file an administrative appeal shall be represented by her/his legal representative.
While an autonomy, legal entity or organization files an administrative appeal, shall be represented by its representative or administrator.
The legal representative in an administrative appeal case shall be accorded to the Civil Act.
Article 21
Two or more individuals might have filed an administrative appeal jointly against an administrative action based on the same causes and facts.
To file an administrative appeal stipulated in last Paragraph is confined to cases under the same jurisdiction of an agency.
Article 22
To file an administrative appeal jointly might have been represented by one to three person (s) elected among all administrative appellants.
The elected representative(s) shall present the document(s) certification to the agency with jurisdiction of administrative appeal at the first place when the administrative appeal is conducted.
Article 23
When an administrative appeal was filed jointly without electing the representative(s), the agency with jurisdiction of administrative appeal may notify the administrative appellants to elect within a specific period. After the expiration of the specific period and the administrative appellants still not elect, the agency with jurisdiction of administrative appeal might assign the representative(s) by its ex officio.
Article 24
As long as the representative(s) was elected or assigned, the representative(s) will conduct an administrative appeal on behalf of all administrative appellants. However, to withdraw the administrative appeal which via a written consent from all appellants is required.
Article 25
The elected or assigned representative(s) might be replaced or varied in numbers.
The replacement or variation of representative(s) stipulated in last Paragraph shall not be effected unless the agency with jurisdiction of administrative appeal was informed via written notice.
Article 26
While there are more than one representatives, any representative might conduct an administrative appeal on behalf of all administrative appellants independently.
Article 27
The right of the representative(s) to represent will not be demolished due to the death, lack of capacity to conduct independently of other administrative appellant(s) who file an administrative appeal jointly or the replacement of other administrative appellant(s)’s legal representative.
Article 28
One who has same interest at stake as an administrative appellant might participate the administrative appeal after the permission was granted by the agency with jurisdiction of administrative appeal. The agency with jurisdiction of administrative appeal might notify she/he to participate the administrative appeal while necessary as well.
While an administrative appeal decision to revoke or modify the original administrative action which substantially affected the right or interest of the third party, the agency with jurisdiction of administrative appeal shall notify her/him to intervent the administrative appeal procedure and pose her/his opinion.
Article 29
To file an application of intervention in an administrative appeal shall present a written application to the agency with jurisdiction of administrative appeal.
The application of intervention in an administrative appeal shall declare the following items via a written:
1. The administrative appeal per se and the administrative appellant(s).
2. The interest at stake of the intervenor appellant and the administrative appeal.
3. A statement of intervention for the administrative appeal.
Article 30
Notification of intervention in an administrative appeal shall serve the intervenor appellant and send a copy to the administrative appellant. The notification shall declare the intention of the administrative appeal, the reason to notify participation and the legal effect of default.
Before the notification stipulated in last Paragraph is served, the agency with jurisdiction of administrative appeal might inform the administrative appellant(s) and the third party who qualified as a participant pose her/his opinion via a written statement.
Article 31
An administrative appeal decision has also effects upon the intervenor appellant. While nonparticipation after a notification of participation an administrative appeal has been served or a permission to participate was granted by the agency with jurisdiction of administrative appeal as well.
Article 32
An administrative appellant or intervenor appellant might have authorized the representative(s) to conduct administrative appeal. There are no more than three administrative appeal representatives for each administrative appellant and intervenor appellant.
Article 33
The following individual is qualified to be an administrative appeal representative:
1. An attorney at law.
2. An individual who earned the qualification to represent the administrative appellant in her/his case according to Acts or Regulations.
3. A person with expertise in a specific administrative appeal.
4. An individual who represent the administrative appellant based on the professional or business relationship.
5. An individual who is a relatives of the administrative appellant.
An administrative appeal representative stipulated in last Paragraph, Clause 1~3 might be prohibited while the agency with jurisdiction of administrative appeal deemed improper and it is required to notify the administrative appellant and the intervenor appellant via a written.
Article 34
An administrative appeal representative shall present a written form of authorization to the agency with jurisdiction of administrative appeal at the first place of the administrative appeal conduct.
Article 35
An administrative appeal representative might have undertook all administrative appeal conducts as authorized in a administrative appeal case. However, a special authorization is required to withdraw an administrative appeal case.
Article 36
While there are more than one administrative appeal representatives, each one might represent the administrative appellant independently.
A representative may still represent the administrative appellant independently in spit of the representative is authorized against the rule stipulated in last Paragraph.
Article 37
An administrative appeal representative’s statement of facts will not take effect while the administrative appellant who appears at the agency revoke or correct immediately by herself/himself.
Article 38
The authorization of administrative appeal representative will not demolish due to the administrative appellant’s death, bankruptcy or lack of the capacity to conduct an administrative appeal. It is the same while the legal representative is changed, the agency is revoked or reformed, a corporation or organization is dissolved or reformed.
Article 39
The ceasing of an administrative appeal authorization shall be made by the administrative appellant, intervenor ppellant or administrative appeal representative via a written notice sent to the agency with jurisdiction of administrative appeal.
Article 40
While the ceasing of an administrative appeal authorization is posed by the administrative appeal representative, she/he shall still undertake necessary conduct to secure the right or interest of the administrative appellant or intervenor appellant within 15 days since the ceasing of authorization is expressed.
Article 41
The administrative appellant, intervenor appellant or administrative appeal representative might company with assistant to the place assigned by the agency with jurisdiction of administrative appeal on the specific date, while permission is granted by the agency.
The agency with jurisdiction of administrative appeal might have notified the administrative appellant, thirty party participant or administrative appeal representative company with assistant to the place assigned while the agency deemed necessary.
The agency with jurisdiction of administrative appeaave ceased the permission or prohibited the continuation of assist while the agency deemed the assistant as stipulated in last two Paragraphs is improper.
Article 42
The statement made by the assistant appeared will be regarded as the same as made by the administrative appellant, intervenor appellant or administrative appeal representative, while the statement was not revoked or corrected by aforesaid parties immediately.