Article 19Presiding Officials of Hearings
第十九条(聴聞の主宰)
A hearing is presided over by an employee nominated by an administrative agency or other persons specified by Cabinet Order.
聴聞は、行政庁が指名する職員その他政令で定める者が主宰する。
A person who falls under any of the following items may not preside over a hearing:
次の各号のいずれかに該当する者は、聴聞を主宰することができない。
relevant persons or intervenors of the hearing;
spouses, relatives within the fourth degree of kinship, or other relatives living together with the person prescribed in the preceding item;
前号に規定する者の配偶者、四親等内の親族又は同居の親族
agents of the person prescribed in item (i) or the assistants prescribed in paragraph (3) of the following Article;
persons who were the persons prescribed in any of the preceding three items;
前三号に規定する者であった者
guardians, supervisors of guardians, curators, supervisors of curators, assistants, or supervisors of assistants of the persons prescribed in item (i); and,
第一号に規定する者の後見人、後見監督人、保佐人、保佐監督人、補助人又は補助監督人
related persons other than intervenors.
Article 20Method of Proceedings on Date of Hearings
第二十条(聴聞の期日における審理の方式)
At the beginning of the first date of the hearing, the presiding official must have an employee of an administrative agency explain the content of the anticipated adverse disposition, the provisions of laws and regulations which are the basis of the adverse disposition, and the facts that are to be the cause of the adverse disposition to the persons who appeared on the date of the hearing.
Relevant persons or intervenors may appear on the date of the hearing, and state their opinions and submit evidence documents or other evidence, and ask questions to the employees of the administrative agency with the approval of the presiding official.
In the case referred to in the preceding paragraph, relevant persons or intervenors may appear together with assistants with the permission of the presiding official.
When the presiding official finds it necessary, they may ask questions to the relevant persons or intervenors, call upon the relevant persons or intervenors to state opinions or submit evidence documents or other evidence, or request employees of the administrative agency to provide explanations.
Even if some relevant persons or intervenors do not make an appearance, the presiding official may conduct the proceedings on the date of the hearing.
Expect when an administrative agency finds it appropriate to open the proceedings to the public, proceedings on the date of hearings will be closed to the public.
聴聞の期日における審理は、行政庁が公開することを相当と認めるときを除き、公開しない。
Article 21Submission of Written Statements
第二十一条(陳述書等の提出)
In lieu of appearing on the date of a hearing, relevant persons, or intervenors may submit written statements and evidence documents or other evidence to the presiding official on or before the date of the hearing.
The presiding official may present the written statements and evidence documents or other evidence referred to in the preceding paragraph to the person who has appeared on the date of the hearing, at their request.
Article 22Designation of Further Date
第二十二条(続行期日の指定)
If the presiding official finds it necessary to continue the hearing based on the results of the proceedings on the date of the hearing, they may set a new date for hearing.
主宰者は、聴聞の期日における審理の結果、なお聴聞を続行する必要があると認めるときは、さらに新たな期日を定めることができる。
In the case referred to in the preceding paragraph, a written notice of the date and place of the next hearing must be given to relevant persons and intervenors, in advance; provided, however, that for the relevant persons and intervenors who have appeared on the date of hearing, it is sufficient to announce those matters on the date of the hearing.
The provisions of Article 15, paragraphs (3) and (4) apply mutatis mutandis to the method of giving notice when the whereabouts of relevant persons or intervenors are unknown, in the case referred to in the main clause of the preceding paragraph. In such a case, the term "person to be subject of the adverse disposition" in paragraphs (3) and (4) of that Article is deemed to be replaced with the "relevant persons or intervenors," and the term "when two weeks have passed since the day on which the measures were commenced" in paragraph (4) of that Article is deemed to be replaced with "when two weeks have passed since the day on which the measures were commenced (for the notices counting from the second notice to be given to the same relevant person or intervenor, on the day following the day of commencement of the measures)".
Article 23Conclusion of Hearings in Cases of Nonappearance of Relevant Persons
第二十三条(当事者の不出頭等の場合における聴聞の終結)
If some or all of the relevant persons fail to appear on the date of a hearing without legitimate grounds, and, they do not submit written statements or evidence documents or other evidence prescribed in Article 21, paragraph (1), or if some or all of the intervenors fail to appear on the date of a hearing, the presiding official may conclude the hearing without granting those persons another opportunity to state their opinions and submit evidence documents or other evidence.
In addition to the case prescribed in the preceding paragraph, if some or all of the relevant persons fail to appear on the date of a hearing and do not submit written statements or evidence documents or other evidence prescribed in Article 21, paragraph (1), and when those persons are not expected to appear on a date for the hearing for a considerable period of time, the presiding official may ask them to submit written statements and evidence documents or other evidence by setting a due date, and when the due date arrives, may conclude the hearing.
Article 24Hearing Records and Written Reports
第二十四条(聴聞調書及び報告書)
The presiding official must prepare a record of the proceedings of the hearing, and must clarify the outline of the statements by relevant persons and intervenors on the facts that are the cause of an adverse disposition in the record.
The record stated in the preceding paragraph must be prepared for each date of the hearing when proceedings are conducted on the date of the hearing, and if the proceedings are not conducted, promptly after the hearing is concluded.
前項の調書は、聴聞の期日における審理が行われた場合には各期日ごとに、当該審理が行われなかった場合には聴聞の終結後速やかに作成しなければならない。
After the hearing is concluded, the presiding official must promptly prepare a written report stating their opinion as to whether there are any grounds for the assertion of the relevant persons or other persons concerning the facts that are to be the cause of the adverse disposition, and submit the report to the administrative agency together with the record referred to in paragraph (1).
Relevant persons and intervenors may request inspection of the records referred to in paragraph (1) and the written report referred to in the preceding paragraph.
Article 25Reopening of Hearings
第二十五条(聴聞の再開)
When an administrative agency finds it necessary in view of the circumstances that have arisen after the conclusion of a hearing, it may order the presiding official to reopen the hearing by returning the written report submitted pursuant to the provisions of paragraph (3) of the preceding Article to the presiding official. The provisions of the main clause of Article 22, paragraph (2) and paragraph (3) of that Article apply mutatis mutandis to that case.
Article 26Decision to Render Adverse Dispositions Following Hearings
第二十六条(聴聞を経てされる不利益処分の決定)
When making a decision on rendering an adverse disposition, an administrative agency must make the decision after fully taking into account the content of the record referred to in Article 24, paragraph (1) and of the opinion of the presiding official stated in the written report referred to in paragraph (3) of that Article.
Article 27Limitation on Requests for Review
第二十七条(審査請求の制限)
A request for review may not be filed against dispositions based on the provisions of this Section or their inaction.
この節の規定に基づく処分又はその不作為については、審査請求をすることができない。
第二十八条(役員等の解任等を命ずる不利益処分をしようとする場合の聴聞等の特例)
In the hearing on an adverse disposition which falls under Article 13, paragraph (1), item (i) sub-item (c), if the notice referred to in Article 15, paragraph (1) has been given, for applying the provisions of this Section, the officers of the corporation that is the subject of the adverse disposition, the persons engaged in the operation of that subject, or the members of that subject (limited to the persons who are to be dismissed or expelled by the disposition) are deemed to be the persons who have received the notice referred to in that paragraph.
第十三条第一項第一号ハに該当する不利益処分に係る聴聞において第十五条第一項の通知があった場合におけるこの節の規定の適用については、名あて人である法人の役員、名あて人の業務に従事する者又は名あて人の会員である者(当該処分において解任し又は除名すべきこととされている者に限る。)は、同項の通知を受けた者とみなす。
If hearings related to the adverse disposition stated in the preceding paragraph that order the dismissal of officers of the corporation that is the subject to the adverse disposition or the persons engaged in the operation of that subject (referred to as "officers or other employees"), notwithstanding the provisions of Article 13, paragraph (1), an administrative agency is not required to conduct hearings for the officers or other employees related to the adverse disposition which are rendered pursuant to the provisions of laws and regulations to dismiss the officers or other employees due to the fact that the subject does not obey the disposition.
Section 3 Granting of Opportunity for Explanation
第三節 弁明の機会の付与
Article 29Method of Granting Opportunity for Explanation
第二十九条(弁明の機会の付与の方式)
Except when an administrative agencies agency authorizes giving an explanation orally, explanation is to be made by submitting a document stating an explanation (referred to as "written explanation" below).
弁明は、行政庁が口頭ですることを認めたときを除き、弁明を記載した書面(以下「弁明書」という。)を提出してするものとする。
When giving an explanation, evidence documents or other evidence may be submitted.
弁明をするときは、証拠書類等を提出することができる。
Article 30Method of Notice for Granting Opportunity for Giving Explanations
第三十条(弁明の機会の付与の通知の方式)
An administrative agency must notify the person that are to be subject of an adverse disposition of the following matters after providing a reasonable period of time before the deadline of the submission of a written explanation (when granting an opportunity for giving an explanation orally, before the date and time of that explanation):
the content of the anticipated adverse disposition and the provisions of laws and regulations which are to be the grounds for the adverse disposition;
the facts that are to be the cause of the adverse disposition; and
不利益処分の原因となる事実
the place and deadline for submitting a written explanation (if granting the opportunity for giving an explanation orally, that fact and the time, date, and place of explanation).
弁明書の提出先及び提出期限(口頭による弁明の機会の付与を行う場合には、その旨並びに出頭すべき日時及び場所)
Article 31Application, Mutatis Mutandis of Procedures for Hearings
第三十一条(聴聞に関する手続の準用)
The provisions of Article 15, paragraphs (3) and (4), and Article 16 apply mutatis mutandis to the grant of opportunities for explanation. In such a case, the terms "paragraph (1)" in Article 15, paragraph (3), "paragraph (1), items (iii) and (iv)" in Article 15, paragraph (4), and "paragraph (1) of the preceding Article", and "the second sentence of paragraph (4) of that Article" in Article 16, paragraph (1) are deemed to be replaced with "Article 30", "Article 30, item (iii)", "Article 30", and "the second sentence of paragraph (4), Article 15 as applied mutatis mutandis pursuant to Article 31", respectively.