Page:พรบ วิ ปกครอง ๒๕๓๙ (๐๑).pdf/5

 he who is a participant himself;

he who has been engaged or married to a participant;

he who is related with a participant as his ascendant or descendant of whatever degree, or his brother or sister or cousin within the third degree, or his relative by marriage within the second degree;

he who is or used to be a legal representative, or custodian, or representative, or agent of a participant;

he who is a creditor, or debtor, or employer of a participant;

others as designated by ministerial regulations.

When there occurs a case according 13 or a participant files a challenge stating that any authority falls under section 13, the authority in question shall suspend the proceedings of the matters concerned for the time being and notify his immediate superior in order that the said superior would further give an order thereon.

The filing of a challenge, the consideration of a challenge, and the replacement of the challenged authority with another authority shall be subject to the criteria and procedure designated by a ministerial regulation.

When there occurs a case according to section 13 or a participant files a challenge stating that a member of any commission having the power to conduct administrative proceedings has the described characteristic, the president of the commission shall convene the commission to consider the cause of the challenge. At such meeting, the challenged member must leave the meeting place after having explained the facts and answered the questions.

If a member of any commission having the power to conduct administrative proceedings is challenged, such commission shall be deemed to be composed of all the other members than the challenged member during the time he has to leave the meeting place.

If the meeting, by the votes of not less than two thirds of the unchallenged members, resolves to permit the challenged member to continue performing the duties, he shall be able to continue performing the duties. The said resolution shall be adopted by secret ballot and shall be final.

The filing of a challenge and the consideration of a challenge shall be subject to the criteria and procedure designated by a ministerial regulation.

In the case where any other cause than those provided in section 13 involves an authority or member of a commission having the power to conduct administrative proceedings and its serious nature would render an administrative proceeding biased, the authority or member shall be prohibited from conducting such administrative proceeding.