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The appointment and performance of duties of the judge who makes
the conclusions shall be in accordance with the regulation prescribed by the general
assembly of judges of the Supreme Administrative Court.
The provisions in paragraph one shall not apply to the case specified in
the regulation prescribed by the general assembly of judges of the Supreme
Administrative Court.
Section 59. In trying a case, the division responsible for the trial and
adjudication shall hold at least one hearing in order that the parties have the
opportunity to make oral statements before it.
Before the first hearing, the summary of facts prepared by the judge in
charge of the case shall be furnished to the parties at least seven days in advance. In
this instance, the parties shall have the right to present their additional statements and
adduce evidence supporting such statements to the division conducting the trial and
adjudication in order to confirm or rebut issues of fact and issues of law on the
hearing day, provided that the parties may elect to omit their oral statements.
Section 60. The hearing shall be conducted in open court.
In any case, if the Administrative Court, in the interest of the
maintenance of public order or good morals or the protection of public interest, thinks
it appropriate to prohibit disclosure of the whole or part of facts or circumstances of
the case which appear from the pleadings or arguments of the parties or from the
evidence already taken, the Administrative Court may issue the following orders:
(1) an order prohibiting the public from attending the whole or part of
the hearing and proceeding with such hearing in camera or
(2) an order prohibiting the publication of such facts or circumstances.
Irrespective of whether the Administrative Court has issued an order
under paragraph two or not, the publication of the whole or part of the judgment or
summary thereof in an impartial and accurate manner shall not be deemed unlawful,
except that in the case where the Court considers it appropriate for the purpose of the
maintenance of public order or good morals or the protection of public interest, the
Court may prohibit the whole or part of the judgment.
Section 61. Any administrative judge entrusted by the division shall
have the following powers:
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(1) to issue an order summoning the administrative agency or State
official concerned to give statements or opinions in writing in connection with the
performance of work of the administrative agency or State official involved;
(2) to issue an order summoning an administrative agency or State
official to furnish an object, document or other relevant evidence or give opinions on
any particular matter or send a representative or State official of that administrative
agency to give explanations or statements for supplementing the consideration;
(3) to issue an order summoning the parties to give statements or
evidence for supplementing the consideration;
(4) to issue an order summoning the person concerned with case to
give statements or furnish evidence for supplementing the consideration;
(5) to inquire into or issue an order on any matter which does not
amount to the delivery of judgment, in accordance with the regulation prescribed by
the general assembly of judges of the Supreme Administrative Court.
In the case of compelling necessity, the administrative judge or person
entrusted by the administrative judge has the power to examine a place, person or any
other object for supplementing the consideration.
Section 62. If the plaintiff has already received an order from an
Administrative Court to give statements or present evidence and fails to comply with
the order within the time specified by the Administrative Court without justifiable
reason, the Administrative Court may issue an order striking the case from the Case
List.
The case struck by the Administrative Court under paragraph one may,
if the plaintiff proves to the satisfaction of the Administrative Court that the noncompliance
with the Court's order is due to a force majeure or a reasonable cause, be
allowed by the Administrative Court to be re-filed.
Section 63. The administrative judge in the division responsible for
the trial and adjudication may be challenged on account of the grounds for
challenging judges provided in the Civil Procedure Code and on account of any other
ground of such serious nature as to impair the justice in the trial and adjudication.
The withdrawal from the case, the submission of a challenge, the
consideration of a challenge, the issuance of an order instructing the challenged
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person to stay the proceedings and the issuance of an order instructing another person
to take over the duties shall be in accordance with the regulation prescribed by the
general assembly of judges of the Supreme Administrative Court.
The issuance of an order instructing the judge against whom a
challenge is made to stay the proceedings shall not have prejudice to any act
previously done by the challenged administrative judge.
Section 64. Apart from those provided in this Act, the provisions
governing the circumstances deemed to constitute a contempt of court under the Civil
Procedure Code shall apply mutatis mutandis, and when a contempt of court is
committed, the Administrative Court shall have the power to inflict punishment as
follows:
(1) warning with or without written reproach;
(2) expelling from the Court ’s precinct;
(3) inflicting imprisonment for a term not exceeding one month or a
fine not exceeding fifty thousand Baht or both.
The order inflicting punishment for contempt of court shall be issued
with circumspection and in sofar as it is necessary in the circumstances of the case
and if it is the infliction of punishment under (3), the punishment shall be considered
and inflicted by a division other than that responsible for the trial and adjudication of
the case.
Section 65. Any person who criticises a trial or adjudication of an
Administrative Court in good faith and by an academic means shall not be guilty of an
offence of contempt of court or defamation of the Court or judge.
Section 66. In the case where the Administrative Court considers it
appropriate to prescribe provisional remedial measures or means in favour of the party
concerned before the delivery of judgment whether an application therefor is made by
such person or not, the Administrative Court shall have the power to prescribe a
provisional measure or means and issue an order towards the administrative agency
for compliance therewith in accordance with the rules and procedure prescribed by the
general assembly of judges of the Supreme Administrative Court.
In prescribing the rules and procedure under paragraph one, there shall
also be taken into consideration the responsibility of the administrative agency or State
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official as well as problems and obstacles likely to occur to the administration of State
affairs.
Part 3
Judgments or Orders in Administrative Cases
Section 67. A judgment or order of an Administrative Court, if given
or issued by several administrative judges, shall be given effect in accordance with the
majority opinion and in the case where any administrative judge has a dissenting
opinion, the dissenting opinion shall be written in such judgment or order.
Section 68. If the President of the Supreme Administrative Court
thinks appropriate, any issue or case may be decided by a general assembly. If any
issue or case is required by law or by the regulation prescribed by the general
assembly of judges of the Supreme Administrative Court to be decided by a general
assembly, it shall be decided by the general assembly.
Subject to section 63, the general assembly shall consist of all existing
judges of the Supreme Administrative Court provided that there shall be not less than
one-half of judges of the Supreme Administrative Court, and the President of the
Supreme Administrative Court shall preside over the general assembly.
The decision of the Supreme Administrative Court shall be by a
majority of votes and, in the case of an equality of votes, the person presiding over the
meeting shall have an additional vote as casting vote.
[1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11]
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