Volume 113, Issue 60A
Royal Gazette
14 November 2539
The case under paragraph 1 shall be proceeded with as follows:
(1)if the person in question finds himself fallen under such a case, he shall suspend the proceedings of the matters concerned for the time being and notify his immediate superior or the president of his commission, as the case may be;
(2)if a participant files a challenge stating that the person in question is attacked by such a cause and the person does not find himself attacked thereby, he may continue the proceedings of the matters concerned but he must notify his immediate superior or the president of his commission, as the case may be;
(3)the superior of the person in question or the commission having the power to conduct administrative proceedings of which he is a member, as the case may be, shall issue without delay an order or resolution as to whether or not he has the power to conduct administrative proceedings for the matters concerned.
The provisions of section 14, paragraph 2, and section 15, paragraph 2, paragraph 3, and paragraph 4, shall apply mutatis mutandis.
Section17.Any acts done by an authority or member of a commission having the power to conduct administrative proceedings before the proceedings in question are suspended in accordance with section 14 or section 16 shall not become invalid, but if it is found appropriate, the authority replacing the challenged authority or the commission having the power to conduct administrative proceedings, as the case may be, may renew any part thereof.
Section18.The provisions of section 13 through section 16 shall not apply in the case of urgent need where a delay would bring about damage to the public interest or irreparable damage to a right of a person, or where no other authority may replace the person in question.
Section19.If it later appears that any authority or member of a commission having the power to conduct administrative proceedings has been removed from his position due to lacking a qualification, or being attacked by a disqualification, or having been appointed unlawfully, this removal does not affect any acts performed by him by virtue of his powers and duties.
Section20.The immediate superior according to section 14 and section 16 shall include the person invested by the with the power of supervision or oversight if the authority in question has no direct superior, and the Prime Minister if the authority in question is a Minister.
Section21.A natural person, body of persons, or juristic person may become a participant to an administrative proceeding to the extent that his [or its] rights are affected or would be affected unavoidably.
