Administrative Complaint Review Act

The purpose of this Act is to establish a system for allowing citizens to broadly file complaints against administrative agencies under simple, prompt, and fair procedures concerning illegal or unjust administrative dispositions of administrative agencies or other acts constituting the exercise of public authority, for the aim of relieving the rights and interests of the citizens, and to ensure proper administrative operation.

A complaint regarding administrative dispositions or other acts constituting the exercise of public authority by administrative agencies (simply referred to as "disposition" below) are to be filed as provided for in this Act, except as otherwise provided for in other laws.

A person who is dissatisfied with a disposition by an administrative agency may file a request for review pursuant to the provisions of Article 4 and Article 5, paragraph (2).

When a person has filed an application for a disposition with an administrative agency based on laws and regulations but the administrative agency takes no action (meaning that the administrative agency does not take any action for the application based on laws and regulations; referred to as "inaction" below) although a certain period has elapsed after filing the application, the person may file a request for review regarding the inaction pursuant to the provisions of the following Article.

A request for review is to be filed with the administrative agency specified in the following items in accordance with the category of the cases set forth in each of those items, except as otherwise provided for in laws (for a disposition based on Prefectural or Municipal Ordinance, that Ordinance):

when the administrative agency, etc. reaching the disposition (meaning the administrative agency that has reached the disposition (referred to as the "administrative agency reaching the disposition" below) or the administrative agency that has taken no action (referred to as the "administrative agency having taken no action" below); the same applies below) does not have any higher administrative agency, or falls under a competent minister, the Grand Steward, or the head of an agency prescribed in Article 49, paragraph (1) or (2) of the Act for Establishment of the Cabinet Office (Act No. 89 of 1999), or Article 3, paragraph (2) of the National Government Organization Act (Act No. 120 of 1948):that administrative agency, etc. reaching the disposition;

when the Grand Steward or the head of an agency prescribed in Article 49, paragraph (1) or (2) of the Act for Establishment of the Cabinet Office, or Article 3, paragraph (2) of the National Government Organization Act falls under the higher administrative agency of the administrative agency, etc. reaching the disposition.:the Grand Steward or the head of the relevant agency;

when a competent minister falls under the higher administrative agency of the administrative agency, etc. reaching the disposition (excluding the cases stated in the preceding two items):that competent minister; or

cases other than those stated in the preceding three items:the highest administrative agency of the administrative agency, etc. reaching the disposition.

When it is possible to file a request for review for a disposition reached by an administrative agency with an administrative agency other than the administrative agency reaching the disposition, and a law provides that a request for re-investigation may be filed, a person who is dissatisfied with the disposition may file a request for re-investigation with the administrative agency reaching the disposition; provided, however, that this does not apply if the person has filed a request for review pursuant to the provisions of Article 2.

When a person has filed a request for re-investigation pursuant to the provisions of the main clause of the preceding paragraph, the person may not file a request for review until the decision has been made for the request for re-investigation; provided, however, that this does not apply if the case falls under either of the following items:

when the administrative agency reaching the disposition does not make a decision for the request for re-investigation even after three months have passed from the day following the day on which the person filed the request for re-investigation for the disposition (if the person has been ordered to correct a defect pursuant to the provisions of Article 23 as applied mutatis mutandis pursuant to Article 61 following the deemed replacement of terms, the day on which the person corrected the defect);

when there are other legitimate grounds for not going through a decision on a request for a re-investigation.

If a law provides that a request for a re-examination may be filed for a disposition rendered by an administrative agency, a person who is dissatisfied with the administrative determination on a request for review of the disposition may file a request for re-examination.

A request for re-examination is to be filed for the original administrative determination (meaning an administrative determination on a request for review of a disposition for which a request for re-examination may be filed; the same applies below) or the disposition (referred to as the "original administrative determination, etc." below) with the administrative agency prescribed in the law referred to in the preceding paragraph.

The provisions of Article 2 and Article 3 do not apply to the following dispositions and their inaction:

a disposition rendered through a resolution of both Houses or one House of the Diet, or resolution by a local council;

a disposition rendered by the judgment of a court or a judge, or rendered as enforcement of judicial decisions;

a disposition that is required to be rendered through a resolution of both Houses or one House of the Diet or through resolution by a local council, or through obtaining the consent or approval of the Houses or the council;

a disposition that is required to be decided by the Audit Commission;

a disposition to confirm or create a legal relationship between the parties, and one of the party in the legal relationship is required to be the defendant in the action concerning the disposition pursuant to the provisions of laws and regulations;

a disposition rendered by a public prosecutor, a public prosecutor's assistant officer, or a judicial police official based on laws and regulations related to criminal cases;

a disposition rendered by the Commissioner of the National Tax Agency, a commissioner of a Regional Taxation Bureau, a director of a tax office, the relevant officials of the National Tax Agency, a Regional Taxation Bureau, or a tax office, Director-General of Japan Customs, customs officials, or tax collectors (including persons that perform the duties of those officials based on the provisions of other laws and regulations) based on laws and regulations related to criminal cases involving national or local tax offenses (including as applied mutatis mutandis pursuant to other laws and regulations), and a disposition rendered by the Securities and Exchange Surveillance Commission, its employees (including persons deemed to be its employee pursuant to the provisions of the laws and regulations), a director-general of a Local Finance Bureau, or a directors-general of a Local Finance Branch Bureau based on laws and regulations related to criminal cases involving financial instruments transactions (including as applied mutatis mutandis pursuant to other laws and regulations);

a disposition rendered in schools, training schools, training centers, or training institutes to students, pupils, children or toddlers or their custodians, course participants, or trainees in order to achieve the purpose of education, schooling, or training;

a disposition rendered in order to achieve the purpose of accommodation in prisons, juvenile prisons, jails, detention facilities, Coast Guard detention facilities, juvenile training schools, juvenile classification homes;

a disposition concerning emigration and immigration or naturalization of foreign nationals;

a disposition concerning results of examinations or certification examinations on a person's academic knowledge and skills; and

a disposition based on this Act (excluding a disposition based on the provisions of Chapter V, Section 1, Subsection 1).

The provisions of this Act do not apply to a disposition rendered to national government organs, local governments, other public entities or their organs, for which those organs or entities are to be the party subject to the disposition in their distinct status as governmental entities, and their inaction.

For dispositions or inaction for which requests for review may not be made pursuant to the provisions of the preceding Article, the provisions of that Article do not preclude the establishment of a system for filing administrative complaints in accordance with the nature of the dispositions or inaction as provided for separately by laws and regulations.