Silviase/jgov_v1.4_full_ann huggingface dataset:
thereto, and the suitability of the original administrative measures.

2. The respondent or the respondent’s representative shall be given an opportunity to state opinions at the end.

3. When the respondent or the respondent’s representative fails to appear without due cause on the date mentioned in the preceding subsection, the hearing procedure may be completed without giving another opportunity to the respondent or the respondent’s representative to state opinions.

## Section 28 [Change Claim by Investigator]

The investigator may change the claim on the fact that led to the original administrative measures and the application of law thereto pursuant to the provision of Section 58(2) of the Act within the scope and extent not to be lost the identity of the case.

2 The investigator may not do the change, when the change mentioned in the proceeding subsection bring remarkable delay in the hearing procedure.

3 The hearing examiner shall, when the investigator did the change mentioned in the subsection 1, consider not to cause substantial disadvantages for respondent's method for defense by the change.

4 The hearing examiner shall, when he or she does not approve the change mentioned in subsection 1, by investigator, clarify thereof and the reason on the hearing date.

## Section 29 [Maintenance of Order ]

The chief hearing examiner may command any matter necessary or take measures for the maintenance of order in the hearing court.

## Section 30 [Limitations of Argument]

The chief hearing examiner may reject any question or statement by the investigator, the respondent or the respondent's representative, when the said question or statement merely constitutes repetition of earlier questions or statements, or is irrelevant to the matter of the case, or the chief hearing examiner deems it particularly necessary.

## Section 31 [Explanation and Questions]

The chief hearing examiner may question the investigator, the respondent or the respondent's representative or urge them to testify on any factual and legal matter to clarify the case on the hearing date or on dates other than the hearing date.

2. Hearing examiners other than the chief hearing examiner may take the measures
mentioned in the preceding subsection by notifying the chief hearing examiner thereof.

3. The investigator, the respondent, the respondent's representative may, when he or she is unable to understand a statement made by the other party, ask the chief hearing examiner to put a question to the other party, or directly question the other party with the consent of the chief hearing examiner on the hearing date or dates other than the hearing date.

4. The chief hearing examiner or the hearing examiner other than the chief hearing examiner shall, when he or she took measures pursuant to the provision of Subsection 1 or 2 for a matter that may cause a major change in the method for prosecution or defense on dates other than the hearing date, notify the other party of the details thereof.

## Section 32 [Consolidation and Separation of Hearing]

The hearing examiner shall, when consolidate or separate hearings, inform the investigator and the respondent or the respondent's representative thereof pursuant to the provision of Section 64 of the Act.

2. The consolidation of hearings may be implemented even before the first hearing date.

## Section 33 [Termination and Reopening of Hearing]

The hearing examiner may, when deemed appropriate, terminate hearings, or reopen hearings that have been terminated, upon its own motion or upon application.

2. The hearing examiner shall, when reopen hearings pursuant to the provision of the preceding subsection, inform the investigator and the respondent or the respondent's representative thereof.

## Section 34 [Motion for Objection to the Hearing Examiner]

The investigator, or the respondent or the respondent's representative may, if he or she is dissatisfied with measures (excluding measures mentioned in each item of Section 47(1) of the Act that was taken by the hearing examiner pursuant to the provision of Section 56(1) of the Act) relating to the hearing taken by the hearing examiner, make a motion for objection to the Committee consists of hearing examiners without delay (In the case the designated hearing examiner under the provision of section 56(1) of the Act is one, the hearing examiner carries out: the same shall apply hereinafter in this section.).

2 The Committee consists of hearing examiners in the preceding subsection shall, when
deemed the motion for objection reasonable, withdraw, cancel, or change the measures against which the motion for objection was made.

3 The Committee consists of hearing examiners in the preceding subsection 1 shall clarify the reason, in case the committee have rejected the motion for objection.

## Section 35 [Motion for Objection to the Commission]

A person subject to one of the measures mentioned in the items of Section 47(1) of the Act that was taken by the hearing examiners pursuant to Section 56(1) of the Act, if he or she is dissatisfied with the measures make a motion for objection to the Commission in writing the grounds for the motion, within one week of the date of being subject to the measure

2 The Commission shall, if it recognizes that there are the grounds for the motion for objection, order the hearing examiner to withdraw, cancel, or change the action against which the motion for objection was made, and notify the petitioner thereof.

3 The Commission shall, if it has rejected a motion for objection, give notice to the petitioner to that effect. In the case, the reasons for the rejection shall be given.

## Section 36 [Preparatory Pleading]

Claims on the hearing date shall be prepared by preparatory pleadings.

2 The Preparatory pleadings shall be submitted to the hearing examiner, with an appropriate period necessary for other party to prepare for the matters mentioned in the preparatory pleadings.

## Section 37[Period of Submission of Preparatory Pleading etc]

The chief hearing examiner may fix the period to submit preparatory pleadings or to apply for evidences.

## Section 38[Preparatory Proceedings]

The hearing examiner may, if deemed appropriate, carry out preparatory proceedings by requesting the attendance of the investigator and the respondent or the respondent's representative, to arrange points of dispute and evidence. In this case, he or she may, if deemed necessary, have the investigator, the respondent or the respondent's representative submit the preparatory pleadings or other documents to substitute for or supplement the above method.

2 The hearing examiner may conduct examination of documents (including other materials as mentioned in Section50) in the date of Preparatory Proceedings
3 The hearing examiner may permit the person who is recognized as appropriate to hear the Preparatory Proceedings on the date. However, the hearing examiner shall permit the person who have been applied by the respondent or the respondent's representative to hear the proceedings, except that the hearing examiner deems the fear of impediment to the proceedings exists.

4 The hearing examiner may, when the respondent or the respondent's representative lives in a distant place or he or she finds it proper, conduct the proceedings on the date of Preparatory Proceedings by means which enable the hearing examiner, the investigator and the respondent or the respondent's representative to communicate simultaneously by transmission and reception of voice. In this case, the respondent or the respondent's representative who participated in the Preparatory Proceedings without appearing on the date shall be deemed to attend the date.

5 The hearing examiner shall, when the Preparatory Proceedings is conducted by means which enable the hearing examiner, the investigator and the respondent or the respondent's representative to communicate simultaneously by transmission and reception of voice pursuant to the provisions of the preceding subsection, confirm the people who speak and the places for a call.

6 The investigator and the respondent or the respondent’s representative shall state the result of the preparatory proceeding at the hearing date.

## Chapter V Evidence

## Division I Application for Evidence, Ruling on Examination of Evidence

## Section 39 [Order of Application for Evidence]

The investigator shall apply for evidence deemed necessary for hearing the case at the start of the examination of the evidence.

2. The respondent or the respondent’s representative may apply for evidence that is deemed necessary for hearing the case after the application mentioned in the preceding subsection.

## Section 40 [Written Application for Evidence]

Application for evidence shall be made by stating in writing the evidence and the matters the evidence is intended to prove.

Section 41 [Application for the Interrogation of Witnesses]
An application for the interrogation of witnesses shall be made by clearly stating the name, address and occupation of the witnesses, the matters to be covered in the interrogation and the need for the interrogation.

2. An application for interrogation of the respondent himself or herself shall be made by clearly stating the name, address, the matters to be covered in the interrogation and the need for the interrogation.

## Section 42[Application for Inspection]

An application for examination of evidence by means of an inspection shall be made by stating the purpose and necessity thereof.

## Section 43 [Application for Expert Proof]

An application for expert proof shall be made by clearly stating the matters about which an expert will be testifying and the need for the expert proof.

## Section 44 [Expert Testimony]

The chief hearing examiner shall, when he or she has instructed an expert to provide expert testimony in accordance with provision of Section 47 (1) (ii) of the Act pursuant to the provision of Section 56 (1) of the Act, have him or her report the process and result thereof by a written statement.

## Section 45 [Application for the Examination of Documents]

An application for the examination of documents shall be made by submitting the relevant documents, or by applying for submitting from the person in possession of the documents.

2. An application for the examination of documents through the submission of the documents shall be made by clearly stating the title of the documents and the purpose of proof, except where these are clearly stated in the documents.

3. A submission of documents may, if approval has been obtained from the chief hearing examiner, be achieved by means of copies of the documents in lieu of the originals.

## Section 46 [Application for Order for Submission of Documents and Other Materials]

An application for the order for the submission of documents and other materials shall be made by the document clearly stating the following information.

(1) The representation of the documents and other materials,

(2) The purpose of the documents,
(3) The party in possession of the documents and other materials,

(4) The facts to be proved, and

(5) the reason and necessity for the application

2 The hearing examiner shall, if he or she recognizes that there are ground for the application, order the possessor to submit the documents and other materials (hereinafter referred to as “document, etc.” in this section).

3 The hearing examiner may, when deemed necessary, retain the submitted document, etc.

## Section 47 [Return, or Temporary Return, of Retained Materials]

Any retained material that is deemed to be unnecessary shall be returned without waiting for the closure of the case.

2 Any retained material may be temporarily returned upon the request of its owner or the person who provided it.

## Section 48 [Documents Submitted Voluntarily]

The hearing examiner shall, when he or she deemed necessary when receiving documents and other materials provided voluntarily, request the provider of the documents to submit a document indicating the party in possession, holder of the submitted materials, the name, occupation and address of the party providing the materials, the kind of the submitted materials, and the date of provision.

## Section 49 [Attachment of Translations]

In the case a document written in foreign language is submitted for application for the examination of documents, the applicant shall attach a translation of a part of the document for examination.

## Section 50 [Apply Mutatis Mutandis for other Materials]

The provisions concerning documents shall be applied mutatis mutandis to drawings, pictures, recordings, videocassette tapes and other materials except documents to represent the information.

## Section 51 [Ruling on Examination of Evidence]

When an application for evidence has been made, the investigator and the respondent or the respondent's representative may state their own opinion about the acceptance or rejection of the evidence
2 The hearing examiner may not accept evidence that was applied by the investigator and the respondent or the respondent's representative, when deemed unnecessary. In this case, the reason for rejecting the evidence shall be indicated.

3 The hearing examiner may, when an examination of the evidence poses an obstacle of indefinite duration, forgo the examination.

## Division Ⅱ Interrogation

## Section 52 [Timing for Submission of Documents and Other Materials used for Interrogation]

Documents to be used in the questioning of witnesses, experts and the respondent, excluding documents used as evidence to argue the reliability of the statement of witnesses, experts and the respondent, shall be submitted well in advance of the start date for questioning witnesses, experts and the respondent. However, when it is not possible to submit the originals of the documents, a copy of the documents may be submitted.

## Section 53 [Subpoenas]

Subpoenas issued to witnesses shall include the following information, and shall be served under the signature and seal of the chief hearing examiner.

(1) Date, time and place that the witness is to appear,

(2) A Number of the case

(3) Matters to be covered in the interrogation,

(4) Legal penalty for a failure to appear, and

(5) Any other pertinent matters.

2. The provision of the prereceding subsection shall be applied mutatis mutantis to subpoenas issued to experts or to the respondent himself or herself.

3. If a witness, expert or the respondent himself or herself is in court during the hearing, he or she may, notwithstanding the preceding two subsections, be immediately interrogated, or be caused to give expert witness.

## Section 54 [Separate Interrogation]

A witness, expert, or the respondent himself or herself shall be interrogated separately.

2. The chief hearing examiner, if other witnesses or experts who are to be subsequently interrogated are in court during the hearing, shall instruct them to leave the room. However, this shall not apply if it is deemed necessary for the witnesses or experts to
remain.

## Section 55 [Identification]

The chief hearing examiner shall first check the identification of witnesses, experts and the respondent himself or herself.

## Section 56 [Oath]

An oath shall be taken prior to interrogation.

2. The oath shall be in the form of a statement.

3. The oath for witnesses shall be such a statement that he or she hereby swears to tell the truth, the whole truth and nothing but the truth.

4. The oath for experts shall be such a statement that he or she hereby swears to provide expert testimony in a conscientious and faithful manner.

5. The chief hearing examiner shall cause a witness or expert to read the oath aloud, and to sign and seal it.

6. When a witness or expert cannot sign an oath as mentioned in the preceding subsection, another person shall sign on behalf of the witness or expert. When a witness or expert cannot seal an oath, he or she shall be fingerprinted. However, where another person signs an oath on behalf of a witness or expert, the person shall state the reason in the oath and sign and seal it.

7. The oath shall be administered solemnly, with everybody in the court standing.

8 Notwithstanding the provisions of the three preceding subsections, the oath by the expert may be administered by a submission of a written oath to the hearing examiner. In this case, an explanation of the purpose of the oath and a notification of the punishment in false proof by the chief hearing examiner are conducted by sending a document which contains these items, to the expert.

## Section 57 [Warning]

The chief hearing examiner shall notify a witness or expert who has taken an oath prior to interrogation that a false statement or expert testimony shall be punished pursuant to the provisions of Section 92-2 of the Act, and that the refusal to provide a statement or expert testimony without justifiable reason shall be punished pursuant to the provisions of Section 94 of the Act.

## Section 58[Interpreter]

When a person not versed in the Japanese language make a statement, an interpreter
shall interpret his or her statement into Japanese.

2 In the case of the preceding subsection, the interpreter shall make an oath. In this case, the provisions of Section 56(except Subsection 3 and 8) shall be applied mutatis mutandis to the oath of the interpreter.

## Section 59 [Procedure for Interrogating Witnesses]

The investigator and the respondent or the respondent’s representative may, upon notifying the chief hearing examiner, interrogate witnesses, experts and the respondent himself or herself. In this case, when the questioning of witnesses, experts or the respondent himself or herself has commenced subject to a request made by the investigator or the respondent or the respondent’s representative, the person who made the request shall first interrogate them.

2. The hearing examiner may interrogate the witnesses, experts or the respondent himself after the completion of the interrogation as mentioned in the preceding subsection.

3. The chief hearing examiner may, when deemed appropriate, change the order of interrogation as mentioned in the preceding two subsections, after listening to the opinions of the investigator and the respondent or the respondent's representative.

4. The chief hearing examiner may at any time, when deemed necessary, interrogate the witnesses, experts or the respondent himself in addition to the interrogation pursuant to Subsection 2.

5. The hearing examiner other than the chief hearing examiner may, upon notifying the chief hearing examiner, interrogate the witnesses, experts or the respondent himself.

6. Witness and experts may not make statements based on documents unless they have the approval of the chief hearing examiner.

## Section 60 [Restrictions on Questions]

Questions shall be asked in a particular and specific manner as possible.

2. The investigator and the respondent or the respondent’s representative shall not ask the following questions. However, this restriction shall not apply to the questions mentioned in Items 2 to 5 if there is a justifiable reason.

(1) Questions to insult or embarrass witnesses, experts or the respondent,

(2) Leading questions,

(3) Questions that are same as a question that has an already been asked,

(4) Questions irrelevant to the points of dispute, and

(5) questions requesting the statement of an opinion
3. The chief hearing examiner may, when a question conflicts with the provisions of the preceding subsection, limit the question on its own motion or on application.

## Section 61 [Confrontation]

The chief hearing examiner may, when he or she deems necessary, instruct the witness, the expert, and respondent to confront mutually.

## Section 62 [Expert Witness]

The provision of the interrogation of the witness shall apply to the interrogation of the expert witness.

## Section 63 [Interrogation by Transmission and Reception of Pictures and Voice

In the case of a interrogation of a witnesses, a experts or a respondent, when the witnesses, the experts or the respondent lives in distant place, or if the hearing examiner finds it proper, the interrogation may be conducted by means which enable persons at a distance to communicate, being able to mutually recognize the state of the other by transmission and reception of pictures and voice.

2. In the case of the interrogation of witnesses or experts pursuant to the provision of .the preceding subsection, the interrogation may be conducted, listening to the opinions of the investigator and the respondent or the respondent's representative, by means which have the respondent or the respondent's representative appear in the hearing court, and have witnesses or experts appear to the local office of Fair Trade Commission where the device necessary to the interrogation was established.

3 In the case of the interrogation of respondent pursuant to the provision of Subsection 1, the interrogation may be conducted, listening to the opinions of the investigator, the respondent or the respondent's representative, by means which have the respondent appear in the local office of Fair Trade Commission where the device necessary to the interrogation was established.

4 Facsimile may be used for the presentation of a copy of documents or other procedures necessary for interrogation.

5 When the interrogation pursuant to the provision of Subsection 1 of the preceding section have been conducted, the record shall be stated that effect, the local office of the Fair Trade Commission where the witness, the experts or the respondent have appeared.
## Section 64 [Examination of Evidence except Hearing Date]

The hearing examiner may, when deemed necessary, conduct the examination of evidence except for hearing date. In this case, the hearing examiner shall afford the investigator and the respondent or the respondent's representative an opportunity to observe the examination of evidence.

2 The chief hearing examiner may, when deemed necessary, have a hearing examiner who is not a chief hearing examiner conduct the examination of evidence pursuant to the provision of Subsection 1. In this case, the chief hearing examiner shall notify the investigator and the respondent or the respondent's representative, of the name of the hearing examiner who conducts the examination of evidence.

## Chapter VI Protocol for Hearings

## Section 65 [Protocol for Hearings]

Officials shall prepare a record for every hearing date. This record shall include the following information, and shall be signed and sealed by officials. The record shall bear the seal of the hearing examiner as confirmation.

(1) Date of the hearing and place,

(2) Name and official title of the hearing examiner, officials, the investigator who attended the hearings and name of the respondent or the respondent's representative, the stenographer and the interpreter attending the hearings,

(3) If the respondent or the respondent’s representative does not appear, a statement to that effect and the reason thereof,

(4) If the hearing is closed to the public, a statement to that effect and the reason thereof,

(5) The name of witnesses and experts interrogated, and if they did not take an oath, a statement to that effect, and the reason thereof,

(6) Application for examination of evidence or other applications,

(7) A summary of statements made by the investigator or the respondent or the respondent's representative on facts and law, as well as a summary of statements and the interrogation of witnesses, experts or the respondent (or a reference to stenographic records or documents as a substitute for the summaries),

(8) The title of the documents and other materials examined,

(9) Rulings of the hearing examiner, and other matters, and,

(10) Matters ordered for inclusion by the chief hearing examiner.