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
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