Administrative Complaint Review Act

A requestor for review may submit a document that states the counterarguments against the matters stated in the written explanation sent pursuant to the provisions of paragraph (5) of the preceding Article (referred to as "written counterargument" below). In such a case, when a review officer has specified a reasonable period of time during which a written counterargument should be submitted, the requestor for review must submit a written counterargument within that period of time.

An intervenor may submit a document that states the opinions on the case related to the request for review (referred to as a "written opinion" below, except in Article 40 and Article 42, paragraph (1)). In such a case, when a review officer has specified a reasonable period of time during which a written opinion should be submitted, the intervenor must submit a written opinion within that period of time.

When a written counterargument has been submitted by a requestor for review, a review officer must send it to the intervenors and the administrative agency, etc. reaching the disposition, and when a written opinion has been submitted by an intervenor, a review officer must send it to the requestor for review and the administrative agency, etc. reaching the disposition.

When a petition has been filed by a requestor for review or an intervenor, a review officer must provide the person who has filed the petition (referred to as a "petitioner" below in this Article and Article 41, paragraph (2), item (ii)) with an opportunity to orally state opinions on the case related to the request for review; provided, however, that this does not apply if it is found difficult to provide the petitioner with an opportunity to orally state opinions due to the whereabouts of the petitioner or other circumstances.

The oral statement of opinions under the provisions of the main clause of the preceding paragraph (referred to as "oral opinion statement" below) are to be conducted on the date and at the venue designated by a review officer, by having all of the persons concerned with proceedings participate in the procedure.

At the time when an oral opinion statement is made, the petitioner may appear together with the assistants, with the permission of the review officer.

At the time when an oral opinion statement is made, if the statement by a petitioner refers to matters irrelevant to the case or those inappropriate, a review officer may limit the statement.

At the time when an oral opinion statement is made, the petitioner may ask questions on the case related to the request for review to the administrative agency, etc. reaching the disposition, with the permission of the review officer.

A requestor for review or an intervenor may submit evidence documents or articles of evidence.

The administrative agency, etc. reaching the disposition may submit documents or other objects proving the facts constituting the grounds for the disposition.

In the cases referred to in the preceding two paragraphs, when a review officer has specified a reasonable period of time during which evidence documents or articles of evidence, or documents or other objects should be submitted, they must be submitted within that period of time.

A review officer may, based on a petition by a requestor for review or an intervenor, or by their authority, specify a reasonable period of time and request the possessor of documents or other objects to submit those objects. In such a case, a review officer may keep the submitted objects.

A review officer may, based on a petition by a requestor for review or an intervenor, or by their authority, request persons they find to be appropriate to state the facts that they know as a witness, or request experts to conduct examinations.

A review officer may, based on a petition by a requestor for review or an intervenor, or by their authority, conduct a verification at places verification is necessary.

When a review officer intends to conduct a verification referred to in the preceding paragraph based on a petition by a requestor for review or an intervenor, they must inform the date and the place of the verification in advance and provide that person with an opportunity to be present at the verification.

A review officer may ask questions to persons concerned with proceedings about the case related to the request for review, based on a petition by a requestor for review or an intervenor, or by their authority.

Regarding the case related to the request for review, if a review officer finds it necessary to perform the procedures for proceedings prescribed in Article 31 through the preceding Article in a well-planned manner in order to conduct prompt and fair proceedings, due to the complexity of the case such as the fact that there are many matters to be examined or that they are entwined, or due to other circumstances, the review officer may designate the date and place to gather the persons concerned with proceedings and hear their opinions on the petition for the procedures for proceedings in advance.

When a person concerned with proceedings lives in a remote area or when found to be appropriate, a review officer may conduct hearing of opinions prescribed in the preceding paragraph by a means that enables the review officer and the person concerned with proceedings to communicate with each other by audio transmissions, pursuant to the provisions of Cabinet Order.

When a review officer has conducted the hearing of opinions under the provisions of the preceding two paragraphs, the review officer must decide the date and place of the procedures for proceedings specified in Article 31 through the preceding Article, and the scheduled time when the procedures for proceedings are to be concluded under the provisions of Article 41, paragraph (1), and notify the persons concerned with proceedings of these matters without delay. The same applies when the scheduled time has been changed.

Until the procedures for proceedings are concluded pursuant to the provisions of Article 41, paragraph (1) or (2), a requestor for review or an intervenor may request a review officer the inspection of the submitted documents, etc. (meaning the documents stated in the items of Article 29, paragraph (4), or the documents or other objects submitted pursuant to the provisions of Article 32, paragraph (1) or (2), or Article 33; the same applies in the following paragraph) (for an electronic or magnetic record (a record made by an electronic method, a magnetic method, or other methods that cannot perceived by the human senses, which is used for information processing by computers; the same applies below), the inspection of a media that displays the matters recorded by the method specified by the reviewing agency), or the delivery of those documents or copies of those documents or a document stating the matters recorded in the electronic or magnetic record. In such a case, the review officer may not refuse the inspection or the delivery of the documents unless it is found that the inspection or the delivery is likely to harm the interest of a third party, or there are other legitimate grounds for refusal.

When a review officer intends to enable the inspection under the provisions of the preceding paragraph or the delivery under the provisions of that paragraph, they must hear the opinions of the persons that have submitted the documents, etc. to be inspected or delivered; provided, however, that this does not apply if the review officer finds it unnecessary.

The review officer may specify the date and the place for the inspection under the provisions of paragraph (1).

A requestor for review or an intervenor that receives the delivery under the provisions of paragraph (1) must pay the fees specified by Cabinet Order within an amount not exceeding the actual cost, pursuant to the provisions of Cabinet Order.

When a review officer finds that there are financial difficulties or other specific reasons, the review officer may reduce the amount of the fees stated in the preceding paragraph or exempt the relevant person from paying the fees, pursuant to the provisions of Cabinet Order.

When an administrative agency that belongs to a local government (limited to a prefecture, municipality, and special ward, and an association of local governments; the same applies below) is the reviewing agency, in applying the provisions of the preceding two paragraphs, the term "Cabinet Order" in those provisions are deemed to be replaced with "Prefectural or Municipal Ordinance" and when an administrative agency that does not belong to the national government or a local government is the reviewing agency, in applying those provisions, the term "by Cabinet Order" in those provisions are deemed to be replaced with "by the reviewing agency".

When finding it necessary, a review officer may consolidate procedures for proceedings for two or more requests for review, or separate procedures for proceedings for two or more requests for review that have been consolidated.

When finding it necessary, a review officer may submit a written opinion stating that a stay of enforcement should be granted to the reviewing agency.

When a review officer finds that necessary proceedings have been completed, the review officer is to conclude the procedures for proceedings.

Beyond what is provided for in the preceding paragraph, a review officer may conclude the procedures for proceedings in any of the following cases:

when any of the objects prescribed in the following sub-items (a) through (e) has not been submitted within the reasonable period of time referred to in the provisions stated in the sub-items (a) through (e), and even after further specifying a reasonable period of time and requesting the submission of those objects, the objects have not been submitted within the submission period:

the provisions of Article 29, paragraph (2):a written explanation;

the provisions of the second sentence of Article 30, paragraph (1):a written counterargument;

the provisions of the second sentence of Article 30, paragraph (2):a written opinion;

the provisions of Article 32, paragraph (3):evidence documents or articles of evidence, or documents or other objects; or

the provisions of the first sentence of Article 33:documents or other objects;

when a petitioner does not appear for an oral opinion statement without legitimate grounds.

When a review officer has concluded procedures for proceedings pursuant to the provisions of the preceding two paragraphs, the review officer is to promptly notify the persons concerned with proceedings the fact that the procedures for proceedings have been concluded, and the scheduled time when the review officer's written opinion prescribed in paragraph (1) of the following Article and the case record (meaning the written request for review, written explanation, and other documents and objects concerning the case related to the request for review, which are specified by Cabinet Order; the same applies in paragraph (2) of the following Article and Article 43, paragraph (2)) are to be submitted to the reviewing agency. The same applies when the scheduled time of submission has been changed.

When the procedures for proceedings have been concluded, a review officer must prepare a written opinion concerning the administrative determination to be made by the reviewing agency (referred to as a "review officer's written opinion" below) without delay.

When a review officer has prepared a review officer's written opinion, the review officer must promptly submit it to the reviewing agency together with the case record.