Part Two
Adjudication
Article 42
The settlement of a Public Information Dispute by non-litigation adjudication by the
Information Commission may only be conducted if the mediation attempt is
declared unsuccessful (failed) in written by either or both of the disputing parties, or
either or both of the disputing parties withdraw his/herself from the process
Article 43
(1)
(2)
(3)
(4)
The Information Commission session that examines and makes decision on a
suit consists of a minimum of 3 (three) Commissioners or more, and the
number shall be an odd number.
The Information Commission session is open to the public.
In the event of the examination of the documents that are categorized under the
exemption as referred to in Article 17, the session on the examination is a closed
session.
The Commissioners shall keep the documents as referred to in paragraph (3)
confidential
Part Three
Examination
Article 44
(1)
(2)
(3)
(4)
In the event that the Information Commission accepts a request to settle a
Public Information Dispute, the Information Commission submits a copy of
the request to the respondent.
The respondent as referred to in paragraph (1) is the Public Agency director or
relevant officer who is appointed, whose statement/information is heard in the
examination process.
In the event that the respondent is as referred to in paragraph (2), the Information
Commission may decide to hear such information verbally or in writing.
The Public Information Applicant and the respondent may authorize his deputy
who is specifically authorized for the purpose.
Article 45
(1)
(2)
A Public Agency shall prove matters that support its view if it states that it
cannot provide information for the reason as referred to in Article 17 and
Article 5 paragraph (1) letter a.
A Public Agency shall give the reason that supports its attitude if the
Public Information Applicant submits a request to settle the Public
Information Dispute as regulated in Article 35 paragraph (1) letter b up to letter g.
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