Public Nuisance Dispute Mediation Act Enforcement Rules Article 37

Public nuisance disputes that, prior to the promulgation of these Rules, already are being handled by other competent authorities pursuant to the law, may, upon the approval of the parties concerned, be referred to the competent mediation committee for mediation, without the parties having to pay the mediation fee.Doubts regarding whether or not the applicant may be exempt from paying the mediation fee.Environmental Protection Administration Document No. 34145I. The reason behind Article 37 in the Public Nuisance Dispute Mediation Act Enforcement Rules is that if parties to a dispute wish to proceed with mediation according to the procedures stated in the Public Nuisance Dispute Mediation Act in an issue that already is being handled by another legally designated competent authority, but that had not yet been resolved by the time these regulations were promulgated, the parties are exempt from paying the mediation fee based on the principle of not overturning past decisions.II. Based on the facts of the case stated in the letter and the attached applicant's Public Nuisance Dispute Mediation Agreement, the foregoing regulations shall apply. Even though the case handled by the mediation committee mentioned has been referred by the competent authority concerned pursuant to the Article mentioned, the matter has not been resolved, and the payment of the mediation fee is disadvantageous to the applicant. Since the applicant obviously is not trying to find fault with administrative procedure, a lenient attitude will be adopted.