Volume 113, Issue 60A
Royal Gazette
14 November 2539
(3)to request facts or opinions from participants, witnesses, or expert witnesses;
(4)to request possessors of documents to send relevant documents;
(5)to go inspect places.
The participants must cooperate with the authority in proving the facts and have the duty to notify the authority of the evidence known to them.
The witnesses or expert witnesses summoned by the authority to give statements or opinions have the right to receive conduct money according to the criteria and procedure designated by a ministerial regulation.
Section30.In the case of an administrative order which may affect a right of a participant, the authority must give the participant an opportunity to sufficiently learn the facts and to present his own protest and evidence.
The dispositions of paragraph 1 shall not apply in the following cases, save where the authority finds it appropriate to do otherwise:
(1)in the case of urgent need where a delay would bring about serious damage to any person or would affect the public interest;
(2)in the case where a period of time designated by a law or regulation for the administrative order would be delayed;
(3)in the case where the facts in question have been provided in the application, testimony, or statement by the participant himself;
(4)in the case where it is obvious in itself that the said opportunity cannot be granted;
(5)in the case of a measure for administrative execution;
(6)in other cases as designated by ministerial regulations.
No authority shall grant the opportunity under paragraph 1 if it would bring about serious damage to the public interest.
Section31.A participant has the right to apply for inspection of the documents which he needs to know for the presentation of a protest or explanation or the protection of his rights, but if the administrative order concerned has not yet been formulated, the participant has no right to apply for inspection of the documents forming the draft ruling.
Inspection of documents, costs of inspection of documents, and copying of documents shall be subject to the criteria and procedure designated by a ministerial regulation.
Section32.The authority may prohibit the inspection of documents or evidence if they are required to be kept secret.
