1.These Operational Directions are formulated by this Ministry for conducting the statement of

opinion proceedings set forth in Paragraph 2 and Paragraph 3 of Article 63 of the Administrative

Appeal Act (hereinafter referred to as the “Act”).

2.This Ministry may, when it deems that a statement of opinion is necessary for understanding the

merit of the administrative appeal case or improving the efficacy of administrative appeal review,

notify the administrative appellant, the intervenor, or an interested third party to appear at an

assigned time and place to make a statement of opinion.

3.The administrative appellant or the intervenor may file an application for statement of opinion

with the reason in support of the application annexed thereto in accordance with Paragraph 3 of

Article 63 of the Act.

The application for statement of opinion referred to in preceding paragraph shall set forth therein the

name, age, domicile or place of residence, and phone number, etc. together with the reason for such

application.

4.This Ministry may deem an application for statement of opinion lacking of good reason and deny

it if any of the following circumstances exists:

(1)Failure to provide the reason for the administrative appeal.

(2)Failure to annex the supporting reason to the application for statement of opinion.

(3)The subject matter of the application for statement of opinion is apparently irrelevant to

the merit of the administrative appeal case.

(4)No need for further statement of opinion since the merit of the administrative appeal case

is already clear.

(5)The applicant makes a duplicate application after he or she failed to appear at the assigned

time and place to make a statement of opinion without cause and did not make a legitimate request

for an adjournment.

(6)There exists any other circumstance similar in nature to those set forth in Article 103 of

the Administrative Procedure Act.

5.The following persons may attend a statement of opinion proceeding:

(1)The members of the administrative appeal review committee and the relevant personnel.

(2)The administrative appellant, the intervenor, the interested third party, and their respective

representative(s).

In the event that an administrative appeal is filed jointly by multiple appellants and a

representative of them has been elected or appointed, the statement of opinion shall be made by the

elected or assigned representative(s) on behalf of all administrative appellants.

6.For the purpose of conducting the statement of opinion proceeding, this Ministry shall notify the

person making the statement of opinion to attend for the statement in writing setting forth the

following:

(1)The date, time and place to make the statement of opinion.

(2)The subject matter of the statement of opinion.

(3)The personal identification document, a brief setting forth the content of the statement,

and other relevant files and evidence shall be brought to the statement of opinion.

The statement of the opinion proceeding shall take place at the time and place assigned by this

Ministry.

If the person making the statement of opinion fails to appear at the assigned time, this Ministry may

proceed the review regardless of such absence unless a request for an adjournment with reasonable

ground has been made.

The request for adjournment referred to in the preceding paragraph shall be in writing or via

facsimile transmission and must be received by this Ministry at least one day prior to the assigned

time for the statement of opinion. Only one request for adjournment shall be allowed.

7.The person attending the statement of opinion referred to in Subparagraph 2, Paragraph 1 of Point

5 shall present the personal identification document for inspection and examination. In the event

such person fails to present the required documentation, or the documentation presented is

unqualified, such person shall be requested to cure the deficiency, or be prohibited to make the

statement of opinion if such deficiency is not cured within an appropriate period of time.

8.The time for statement of opinion shall be limited to thirty minutes. Such time may be extended if

necessary.

9.The person attending the statement of opinion referred to in Subparagraph 2, Paragraph 1 of Point

5 hereof may not request to record or videotape, etc. of the proceeding.  In the event of any

improper statement or other behavior, this Ministry may suspend the statement, stop the improper

act, or order the expulsion of such person.

10.The proceeding for statement of opinion shall be transcribed into record setting forth the date,

time and place of the statement of opinion, the persons attending the proceeding, and the subject

matters of the statement of opinion, etc. and be included in the dossier.

11.A statement of opinion proceeding may be merged into an oral argument and be conducted as an

oral argument proceeding.

12.The affairs set forth in these Operational Directions shall be controlled and managed by the

 administrative appeal review committee of this Ministry based upon this Ministry’s functional

 division of responsibilities.