Administrative Complaint Review Act

When there are grounds for a request for review of a de facto act (excluding the cases to which the provisions of Article 45, paragraph (3) apply), the reviewing agency is to declare that the de facto act is illegal or unjust by an administrative determination, and take the measures specified in the following items in accordance with the category of the reviewing agencies stated in each of those items; provided, however, that when the reviewing agency is a reviewing agency other than the higher administrative agency of the administrative agency reaching the disposition, the reviewing agency may not order that the de facto act should be changed:

the reviewing agency other than the administrative agency reaching the disposition:to order the administrative agency reaching the disposition to eliminate in full or in part the de facto act, or to change the act; and

the reviewing agency that is the administrative agency reaching the disposition:to eliminate in full or in part the de facto act, or to change the act.

In the case referred to in the main clause of Article 46, paragraph (1) or the preceding Article, the reviewing agency may not make a change to the disposition, or order the de facto act to be changed or change the de facto act, in a manner that is disadvantageous to requestor for review.

When a request for review regarding inaction has been filed before the elapse of a reasonable period of time after an application for the disposition of inaction has been filed, or the request is otherwise unlawful, the reviewing agency is to dismiss the request for review by a decision.

When there are no grounds for a request for review regarding to inaction, the reviewing agency is to reject the request for review by an administrative determination.

When there are grounds for a request for review regarding inaction, the reviewing agency is to declare that the inaction is illegal or unjust by an administrative determination. In such a case, when the reviewing agency stated in the following items finds that a certain disposition should be rendered for the application, the reviewing agency stated in the following items is to take the measures specified in each of those items:

the reviewing agency that is the higher administrative agency of the administrative agency not having taken any action:to order the administrative agency not having taken any action that it should render the disposition; and

the reviewing agency that is the administrative agency not having taken any action:to render the disposition.

When there are provisions providing that the disposition of inaction related to a request for review should go through deliberations prescribed in Article 43, paragraph (1), item (i), and the reviewing agency finds it necessary for the purpose of taking the measures specified in the items of the preceding paragraph, the reviewing agency may go through deliberations at the Council, etc. related to the provisions.

In addition to the cases in which there are provisions prescribed in the preceding paragraph, when other laws and regulations provide that consultation with the relevant administrative agencies should be conducted and other procedures should be conducted regarding the disposition of inaction related to the request for review, and the reviewing agency finds it necessary for the purpose of taking the measures specified in the items of paragraph (3), the reviewing agency may conduct those procedures.

A decision must be made using a written administrative determination stating the following matters and on which the reviewing agency has affixed its name and seal:

the text;

the outline of the case;

the summary of the allegations by the persons concerned with proceedings; and

the reasons (when the text of item (i) differs from the content of the review officer's written opinion or the written response from the Administrative Complaint Review Board, etc. or the Council, etc., including the reasons for the difference).

When consultation with the Administrative Complaint Review Board, etc. pursuant to the provisions of Article 43, paragraph (1) is not necessary, the review officer's written opinion must be attached to the written administrative determination referred to in the preceding paragraph.

When making an administrative determination for which a request for re-examination may be filed, the reviewing agency must state the fact that a request for re-examination may be filed, and an administrative agency with which a request for re-examination should be filed and the period for filing a request for re-examination (meaning the period of time prescribed in Article 62) in a written administrative determination to inform the relevant person of these matters.

An administrative determination comes into effect when it is served to the requestor for review (for an administrative determination made under the provisions of Article 46, paragraph (1) and Article 47 when the request for review has been filed by a person other than the party subject to the disposition, the requestor for review and the party subject to the disposition).

The service of an administrative determination is to be made by sending a transcript of the written administrative determination to the person to who is to be served the administrative determination; provided, however, that if the whereabouts of the person who is to be served the administrative determination are unknown or if it is not possible to send a transcript of the written administrative determination, the service of the administrative determination may be made by means of public notice.

The service of the administrative determination by means of public notice is to be made by the reviewing agency keeping the transcript of the written administrative determination and in a manner that enables an unspecified and large number of persons to inspect the fact that the transcript will be delivered to the person who is to receive the service at any time by the means specified by Order of the Ministry of Internal Affairs and Communications, and by taking the measures to post a document stating that fact on the notice board in the office of the reviewing agency or to enable the inspection of that fact displayed on a screen of a computer installed at the office. In such a case, the transcript of the written administrative determination is deemed to be served at the time when two weeks have passed from the day following the day on which the measures have been initiated.

The reviewing agency must send a transcript of the written administrative determination to the intervenors and the administrative agency, etc. reaching the disposition (limited to the administrative agency, etc. reaching the disposition other than the reviewing agency).

An administrative determination binds the relevant administrative agencies.

When a disposition rendered based on an application has been revoked by an administrative determination on the grounds of procedural illegality or unfairness, or a disposition to dismiss or reject an application has been revoked by an administrative determination, the administrative agency reaching the disposition must once again render a disposition for the application in accordance with the purport of the administrative determination.

When a disposition that has been given a publicly notice pursuant to the provisions of laws and regulations has been revoked or changed by an administrative determination, the administrative agency reaching the disposition must give public notice of the fact that the disposition has been revoked or changed.

When a disposition which was notified to an interested person other than the party subject to the disposition pursuant to the provisions of laws and regulations has been revoked or changed by an administrative determination, the administrative agency reaching the disposition must notify the person who has received the notice (excluding the requestor for review and the intervenors) the fact that the disposition has been revoked or changed.

When the reviewing agency has made an administrative determination, it must promptly return the evidence documents or articles of evidence, or documents or other objects submitted pursuant to the provisions of Article 32, paragraph (1) or (2), and the documents or other objects submitted in response to a request for submission under the provisions of Article 33 to the person who submitted them.