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Chapter Law Content

Chapter I General Provisions
Section 10 Hearing Proceeding
Article 54
The provisions of this Section shall apply to hearings held under this Act or other laws and regulations.
Article 55
Before holding a hearing, the administrative authority shall serve upoon the party and any other known affected person a written notice, giving therein the following details, and shall cause the notice to be published if necessary:
1. Subject matter of and grounds for the hearing;
2. Name or trade name and the domicile or residence, office or business location of the party;
3. Date and location of the hearing;
4. Basic procedure of the hearing;
5. That the party may appoint an agent;
6. The rights to which the party is entitled under article 61 hereof;
7. Date and location of preliminary hearing, if any, intended to be held;
8. The manner in which failure to appear before the hearing will be dealt with; and
9. The name of the authority holding the hearing.
Where it is required by law or regulation that the hearing must be announced in advance by a public notice before it is held, the administrative authority shall cause the details required by the preceding paragraph to be published in a government gazette or made known to the public by other appropriate means.
The date and location of the hearing shall be determined, depending on the nature of the matter, in such a manner that a reasonable amount of time must be allowed to make it possible for the party or his agent to participate in the hearing.
Article 56
An administrative authority may, either ex officio or upon application by the party, change the date and location of the hearing, provided that it has a good reason to do so.
In the case of any change made by an administrative authority under the preceding paragraph, it shall give a notice thereof and cause it to be published as required by the preceding article.
Article 57
A hearing shall be presided over by the head officer of the administrative authority or an officer appointed by him for that purpose, who may be assisted at the hearing, if necessary, by attorneys, professionals in other related fields and/or other persons knowledgeable in law.
Article 58
To facilitate the unobstructed progression of the hearing proceeding, the administrative authority may hold before the date scheduled for the hearing a preliminary hearing if it deems necessary to do so.
A preliminary hearing may be held for the purposes of:
1. Discussing on the process of the hearing proceeding;
2. Defining the issues;
3. Presenting relevant documents and evidence; and
4. Changing the date and place of the hearing and replacing the hearing officer [if necessary].
Minutes shall be taken of the preliminary hearing.
Article 59
The hearing shall be held orally and in public, unless it is otherwise required by law.
In any of the following circumstance, the hearing officer may determine ex officio or upon application of the party not to make the entire or a part of the hearing proceeding open to the public:
1. Where making the hearing open to the public is likely against the public interest; or
2. Where making the hearing open to the public is likely to cause material harm to the interest of the party.
Article 60
The hearing proceeding shall begin with a statement of the subject matter by the hearing officer.
At the beginning of the hearing, the hearing officer or a person appointed by the hearing officer shall state the essence of the matter.
Article 61
During the hearing, the party is entitled to present his opinions and produce evidence and, if the hearing officer permits, may also put questions to officers designated by authorities, witnesses, expert witnesses, and other parties or agents thereof.
Article 62
In conducting the hearing, the hearing officer shall maintain an unbiased and fair position.
The hearing officer may exercise the following powers during the hearing:
1. To inquire of the party and other persons present at the hearing with respect to questions of fact or law or to demand the production of evidence;
2. To delegate ex officio or upon application of the party any other related authority to carry out necessary inquisition;
3. To require by notification the appearance of any witness or expert witness;
4. To require by notification or to allow ex officio or upon application the intervention by any affected party into the hearing proceeding;
5. To permit the party or any other person present at the hearing to raise questions or to make statement;
6. To forbid the party or any other person present at the hearing to make statement in order to avoid delay of the hearing proceeding and to order the expulsion of any such person if the hearing proceeding is seriously obstructed thereby;
7. To begin, postpone or conclude the hearing proceeding as the case may require notwithstanding the failure of all or some of the parties to appear without good cause;
8. To admit the statement contained in the relevant documents presented by the party at the preliminary hearing as his statement made at the hearing;
9. To determine before the end of the hearing the date and place where further hearing will be held if he deems it necessary;
10. To suspend the hearing ex officio or upon application by the party in the event of the occurrence of an act of God or other incident preventing the conduct of the hearing; and
11. To take any other actions as may be necessary for the unobstructed progression of the hearing proceeding.
Upon determining the date and place where further hearing will be held under sub-paragraph 9 of the preceding paragraph, the hearing officer shall give a notice thereof to any party and known affected person who might be absent from the hearing.
Article 63
Where a party considers the action taken by the hearing officer during the hearing to be contrary to law or improper, he may raise instantaneously an objection thereto.
If the hearing officer considers the objection well grounded, he shall revoke the action taken by him. If the objection is considered groundless, it shall be denied.
Article 64
Minutes shall be taken of each session of hearing.
The minutes required by the preceding paragraph shall spell out the essence of the statements made or questions raised by all persons appearing at the hearing, together with the documents and/or evidence as may be produced thereby, and shall note the matters relating to which objection was raised by the party in the course of the hearing and the action taken by the hearing officer to deal with such objection.
Audio and/or video recordings may be used to assist the taking of hearing minutes.
Hearing minutes taken and completed instantly at the hearing shall be signed by or affixed with the personal seals of the persons making statements and/or raising questions. Minutes not completed instantly at hearing shall be made available at a date and place designated by the hearing officer for examination by the persons who made statements and/or raised questions during the hearing and shall thereupon cause their signatures or personal seals to be affixed thereon.
In the situation described in the preceding paragraph, if a person who made any statement and/or raised any question during the hearing refuses to put on the minutes his signature or personal seal or fails to examine the minutes at the date and place designated for such purpose, the fact of such refusal or failure shall be specifically noted.
Where a person who has made statement or raised question desires to raise any objection to the entries in the hearing minutes, he may do so instantaneously. If the hearing officer considers the objection well grounded, he shall make corrections and/or additions to the minutes. If the objection is considered groundless, it shall be noted accordingly.
Article 65
When the hearing officer is satisfied that the party has fully expressed his views and that the case has come to the stage where a decision can be made, he shall close the hearing.
Article 66
After a hearing is closed and before a decision is made, the administrative authority may order to have the hearing re-opened if necessary.