Administrative Procedure Act Article 33
In any of the following circumstances, the party may apply that a government officer recuse himself:1. Where the government officer fails to recuse himself in spite of the existence of any of the circumstances specified in the preceding article; or2. Where there are concrete facts to support sufficiently the belief that the government officer is likely to be biased in the exercise of his functions.An application under the preceding paragraph shall be made, with a statement of grounds and facts, to the authority with which such officer serves, and shall be duly explained. The government officer whose recusal has been applied for may give his view in writing with respect to such application.In the case of dissatisfaction to the decision of the administrative authority to reject the application, the matter may be brought to the superior authority within five days for review, and the administrative authority entertaining this matter shall take an appropriate action within ten days unless there is a good reason for it not to do so.The government officer whose recusal has been applied for shall cause the administrative procedure to be stayed before the authority with which such officer serves makes a decision to either approve or reject the application; provided, however, that a necessary action shall be taken in emergency situation.Where a government officer falls into any of the circumstances specified in the preceding article but fails to recuse himself, and no application for his recusal has been filed by any party, the authority with which such officer serves shall order ex officio that he recuse himself.
中文原文 行政程序法第33條
公務員有下列各款情形之一者,當事人得申請迴避︰一、有前條所定之情形而不自行迴避者。
二、有具體事實,足認其執行職務有偏頗之虞者。
前項申請,應舉其原因及事實,向該公務員所屬機關為之,並應為適當之釋明;被申請迴避之公務員,對於該申請得提出意見書。
不服行政機關之駁回決定者,得於五日內提請上級機關覆決,受理機關除有正當理由外,應於十日內為適當之處置。
被申請迴避之公務員在其所屬機關就該申請事件為准許或駁回之決定前,應停止行政程序。
但有急迫情形,仍應為必要處置。
公務員有前條所定情形不自行迴避,而未經當事人申請迴避者,應由該公務員所屬機關依職權命其迴避。
二、有具體事實,足認其執行職務有偏頗之虞者。
前項申請,應舉其原因及事實,向該公務員所屬機關為之,並應為適當之釋明;被申請迴避之公務員,對於該申請得提出意見書。
不服行政機關之駁回決定者,得於五日內提請上級機關覆決,受理機關除有正當理由外,應於十日內為適當之處置。
被申請迴避之公務員在其所屬機關就該申請事件為准許或駁回之決定前,應停止行政程序。
但有急迫情形,仍應為必要處置。
公務員有前條所定情形不自行迴避,而未經當事人申請迴避者,應由該公務員所屬機關依職權命其迴避。