3. The Marine Accidents Inquiry Agency shall fix the date of inquiry anew when the reasons of the request mentioned in paragraph 1 is recognized.
4. The Marine Accidents Inquiry Agency shall make a ruling to dismiss the request when the reasons of it mentioned in paragraph 1 cannot be recognized.
5. With regard to the ruling under paragraph 4, written ruling shall not be required to be served.
(Authority of Presiding Judge to Change the Date for Inquiry)
Article 35. A Presiding Judge may change the date for inquiry at any time.
(Summons and Notification on the Date for Inquiry)
Article 36. A Presiding Judge shall summon Examinees and Designated Person Concerned in a Marine Accident at the date of inquiry and shall notify the date of inquiry without delay to the commissioner and Counsellors.
(Attendance to Inspection Prior to the Date of First Inquiry)
Article 37. The Marine Accidents Inquiry Agency shall, when an inspection is made under Article 40, paragraph 2 (1), of the Law, notify thereof in advance to the Commissioner, Counsellors, Examinees and Designated Persons Concerned in a Marine Accident, giving thereby an opportunity for them to attend such inspection.
Section 4. Procedure of Inquiry
(Court)
Article 38. The examination at the date for inquiry shall be conducted in a court.
2. A court shall be opened to a fixed number of Judges and Commissioned Judges, Clerk and Commissioner who presents themself.
(Attendance at Examination of Evidences out of Dates for Inquiry)
Article 38-2. In regard to the examination of evidences conducted out of dates for inquiry, the provision of Article 37 shall be applied mutatis mutandis thereto.
(Absent Notice of Examinee, Etc. and Postponement of the Date for Inquiry)
Article 39. An Examinee or a Designated Person Concerned in a Marine Accident, who can not present themselves to the court at the date for inquiry, shall notify the reason thereof, which should be made clear, without delay to the Marine Accidents Inquiry Agency.
