Administrative Appeals System
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What is the Administrative Appeal System?
The purpose of the administrative appeal system is to protect citizens, through the administrative appeals procedures, from the infringement of their rights or interests caused by illegal or unfair dispositions or omissions of public power by administrative agencies. The administrative appeal system is a swift and efficient process available at comparatively lower cost than litigation (Administrative Court).
Types of Administrative Appeal
1. Appeals for revocation: Appeals for revocation or modification of an illegal or unfair disposition rendered by an administrative agency (Article 7 of the Administrative Appeals Act)
2. Appeals for affirmation of nullity, etc.: Appeals for affirmation of the effectiveness or ineffectiveness of a disposition by an administrative agency, or the existence or non-existence of such a disposition (Article 5.2 of the Administrative Appeals Act)
3. Appeals for performance of obligation: Appeals for a specified disposition against an illegal or unfair disposition of refusal or omission rendered by an administrative agency with respect to an application by the appealing party.
Remedy by Administrative Appeal
Filing an Administrative Appeal
A person who intends to file an administrative appeal shall prepare a written appeal and submit it to the appellee or the Administrative Appeals Commission.
An appeal shall be filed within 90 days from the date on which an appellant becomes aware that a disposition has been made. Also, no appeal may be brought after 180 days from the date a disposition is made: Provided, that the same shall not apply where any extenuating grounds exist. If an administrative agency fails to notify of the valid period for filing an appeal, an appeal may be filed within 180 days from the date a disposition is made.
Submission of written answer
The appellee shall submit a written answer to the Commission within ten days from the date on which the appellant and appellee receives or is served with a written appeal.
Once a written answer is submitted by an appellee to the Commission, the Commission shall serve the appellant with a copy of the written answer to allow the appellant opportunity to prepare an argument.
The Administrative Appeals Commission thoroughly reviews the case submitted by the appellee and looks for any illegal or unfair disposition or omission of public power by administrative agencies. Once the examination is completed, the Commission forwards its findings to both appellee and appellant.
The Administrative Appeals Commission shall serve both parties with an authenticated copy of its written ruling. Such rulings shall come into effect at the time of service to the parties of an authenticated copy of that written ruling. The administrative appeal system is a swift and efficient process available at comparatively lower cost than litigation (Administrative Court) .
What is a Suspension of Execution?
No appeal shall adversely affect the effectiveness of a disposition or execution thereof, or continuation of proceedings. If the Commission deems it urgent to prevent a serious loss from being caused by a disposition or execution thereof, or continuation of proceedings, it may, ex officio or upon request by eachparty , decide to suspend all or part of the effectiveness of such disposition or execution thereof, or continuation of proceedings.
A request for a suspension of execution shall be made at the time of filing of an appeal, or prior to adoption of a resolution by the Commission. When a written appeal is submitted to an appellee and when an appeal is filed at the time of filing of a request for suspension of execution, a copy of the written appeal and the receipt of filing shall be presented together.
Where it is strongly suspected that a disposition is illegal or unfair and a suspension of execution will have no serious effect on public welfare, the Commission may decide to suspend all or part of the effectiveness of such disposition or execution thereof, or continuation of proceedings.
Being the subsidiary process of the administrative appeal system, suspensions of execution are not allowed without application of administrative appeal.