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(2020-10-27 Amended)
Amended Article 4, 5 and 8 promulgated October 27, 2020 by Taipei City Government Order No (109)-Fu-Fa-Zong -Zi-1093049558, and implemented these changes on 2 November 2020.
  • 1. Taipei City Government ("the Government ") stipulates these Directions for the making of statements of opinion and conducting oral arguments in administrative appeal cases.
  • 2. The Government may, when it deems necessary, ex officio or upon application, notify relevant parties to state opinions or proceed to oral arguments before the assigned date by telephone communication or by written notice. When such notification is made by telephone communication, the content of such telephone calls shall be recorded in writing. The following items shall be notified pursuant to the previous Paragraph: (1) Session, case number, and cause of action. (2) Date, time, and place for the statements of opinion or oral arguments. (3) An identity certificate shall be presented when a party attends in person; a power of attorney ("POA") and appointee's identity certificate shall be presented when an agent is designated. (4) The arrangements when a notified party may not be present on the assigned date.
  • 3. Applications for statements of opinion or oral arguments without reasonable grounds may be rejected by the Government's notice or by reasons specified in the administrative appeal decision.
  • 4. The commissioner(s) designated by the chairperson along with the case official, or all commissioners present at a committee meeting, shall state opinions. The agency that carried out the subject administrative action may be notified to be present, when necessary; the case official shall make a record of items including the date, time, place, attendees, and a summary of the statements of opinion made, and shall attach such record to the case file, and a copy of the same shall be made as an attachment of the review record. The chairperson shall direct committee meetings, at which oral arguments shall be held. The agency that carried out the administrative action shall appoint an individual familiar with the case and the relevant regulations to attend, and said appointee shall not fail to attend without cause. The case official shall produce transcripts, and shall attach such transcripts to the case file, and a copy of the same shall be made as an attachment of the review record. The transcript of oral arguments shall contain a summary of the oral arguments, and the administrative appellant, intervenor, agent, third party with interest at stake, or other notified party in attendance, and the representative of the agency that carried out the administrative action, shall review and sign or affix its/his/her chop to such transcripts; if a person refuses to sign the transcripts, the reasons for such refusal shall be recorded.
  • 5. The parties attending the committee meeting for statements of opinion or oral arguments shall observe the following rules: (1) Recording, filming, and or photographing is prohibited, unless permitted by the chairperson; (2) Each person's time is limited to three (3) minutes each time he/she speaks. However, the chairperson may instruct otherwise if the case is complicated; (3) The content of such speech shall be confined to the facts and to legal opinions, and shall not include verbal abuse, personal attacks, or statements unrelated to the administrative appeal case; (4) Once the committee meeting for statements of opinion or oral arguments concludes, the parties shall leave immediately and shall not remain at the meeting venue; and (5) All attendees shall comply with the instructions of the chairperson.
  • 6. If the person whose statements were recorded objects to the content recorded in the oral argument transcripts, such objections shall be made immediately and recorded by the case official.
  • 7. When the number of administrative appellants, intervenors, or third parties with interest at stake exceeds three people, the Government may limit the number to three people at most respectively who may state opinions or make oral arguments. The parties stipulated in the previous Paragraph shall arrive at the venue ten (10) minutes before the assigned time, and shall check in with ID cards or other identity documentation. Where an agent is appointed, the agent's POA must be presented. If a person does not present the aforesaid certificates/documentation, he/she may not enter the venue.
  • 8. If any of the following circumstances apply to the parties, the chairperson may forbid said party from entering the committee meeting venue for the statements of opinion or oral arguments; and if said party has already entered the meeting venue, the chairperson may stop said party from further acting, end said party's statements or arguments, and order said party to leave the meeting venue: (1) Fail to comply with the rules stipulated at Article 5 of this Direction; (2) Appear to be inebriated, under the influence, or in a state of mental disorder; (3) Carrying dangerous objects, such as firearms, ammunition, knives, or other objects inappropriate for the meeting; or (4) Other circumstances that might cause or result in disorder at the meeting.
  • 9. If the notified parties cannot attend the proceeding at the assigned time, the chairperson may commence or terminate the proceeding, unless an application with due cause to change the assigned time is granted by the Government, and a new time for the meeting is assigned. An application to change the assigned time stipulated in the previous paragraph shall be filed to the Government at least one (1) day before the assigned time, and such application may only be filed one time, unless with proper causes. If such application is not filed to the Government at least one (1) day before the assigned time, it shall be deemed as to waive the opportunity to make statements of opinion or to conduct oral arguments.
  • 10. All written documents from the parties attending the statements of opinion or oral arguments shall be presented when the parties check in to the case official for distribution to the committee members.
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