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Chapter 2 Administrative Appeal Review Committee
Article 52
Every agency shall organize an administrative appeal review committee to process the administrative appeal cases. The members of the committee shall be equipped with law or legal expertise in principle.
The members of an administrative appeal review committee shall be chosen from the agency’s senior staffs, righteous gentlemen in the society, scholars or experts; inter alia, the ratio of the righteous gentlemen, scholars and experts shall not less than one half.
The rule of organizing an administrative appeal review committee and the reviewing procedure regulation shall be regulated by the Yuan in charge.
Article 53
An administrative appeal decision shall be made upon a resolution of the administrative appeal review committee, and the resolution could be reached upon one half committee members’ present and one half presented committee members’ consent.
Article 54
In reviewing an administrative appeal case, the administrative appeal review committee shall assign staff member to produce a review record in the file. While dissenting opinion was held by the committee member(s) in reviewing an administrative appeal case, the dissenting opinion shall be declared in the record upon the application of the committee member(s).
While the review of an administrative appeal case is processed via oral argument, it is required to produce another record bound as an attachment of the record stipulated in last Paragraph which shall apply mutatis mutandis for Article 212~219 of the Civil Procedure Act.
Article 55
The chairman or member(s) of the administrative appeal review committee shall be defaulted by herself/himself and is prohibited from join the reviewing, while there is an interest at stake concerning such administrative appeal case.