1The superior or the collegial organ, notified as per Article 31 of this Code, shall decide on whether to exclude or retain the official, within 5 (five) days from receiving the notification or the request of the parties.
2If the superior decides for the exclusion of the official, the exclusion decision shall also designate the substitute official. If the collegial organ excludes a member and the law does not provide for the substitute members, the administrative procedure shall continue without the substitution of the expulsed member.
3If due to the law, or the specific situation, it is ascertained that the substitution of an official with another one is not feasible, the decision- making by the public official shall be allowed.
4In cases of expulsion and non-feasibility of substitution, the organ shall operate as such without the participation of the expulsed member.
EN