As to which case would require notification, registration or license under paragraph one, the determination shall be taken based on the appropriateness of damage prevention in accordance with degree of severity of the impact that may occur from such business operation. For this purpose, any particular State agency may be designated by such Royal Decree to be the responsible supervisory agency. Prior to the proposal of the issuance of the Royal Decree under paragraph one, a public hearing shall be conducted as it may be deemed proper and the information to be derived there from shall be taken into account. Section 33 In the event where there is a Royal Decree prescribing the service business relating to electronic transactions that shall be subject to prior notification or registration, the person wishing to operate such business shall notify, or apply for registration with the competent official as prescribed in the Royal Decree prior to the commencement of such business operation. The rules and procedures for notification or registration under paragraph one shall be as prescribed in the Royal Decree. When the competent official under the Royal Decree is notified or accepts the registration, he or she shall issue a certificate of notification or a certificate of registration as evidence of the notification or registration on the date of notification or registration. The person making notification or applying for registration can operate such business as from the date of the notification or registration. If, subsequently, the competent official under the Royal Decree finds out that the notification or the registration has been made inaccurately or incompletely, the competent official shall have the power to order the person having made the notification or having applied for the registration to correct or complete it within seven days from the receipt date of such order. In operating the business, the person having made the notification or having applied for the registration under paragraph one shall comply with the rules prescribed in the Royal Decree and those prescribed by the Commission. If the person having made the notification or having applied for the registration under paragraph one fails to correct the inaccurate or incomplete notification or registration under paragraph two, or violates or fails to comply with the rules for the business operation under paragraph three, the Commission shall consider and issue an order imposing an administrative fine not exceeding one million Baht, taking into account the severity of the offence and, in case where it deems fit, the Commission may issue an order requiring such person to take any corrective action as appropriate. The rules used for determination to impose an administrative fine shall be as prescribed by the Commission. If the person subject to administrative fine fails to make payment, the provisions relating to the administrative execution under the law on administrative procedure shall apply mutatis mutandis. In case where there is no official to proceed with the execution in accordance with such order, the Commission shall be empowered to bring a lawsuit before the Administrative Court to enforce payment of the fine. In this connection, if the Administrative Court has a view that the order imposing the fine is lawful, the Administrative Court shall be empowered to try and adjudicate the case and order the seizure or attachment of the property for sale by auction to pay for the fine. In case where the person committing the offence under paragraph four fails to make correction in accordance with the order of the Commission or repeats the offence, the Commission shall be empowered to issue an order prohibiting such person from further operating the business as notified or registered. Section 34 In case where a Royal Decree is issued prescribing the service business relating to electronic transactions, which shall be subject to prior license, the person wishing to www.ThaiLaws.com 9

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