Administrative Complaint Review Act

A request for re-investigation may not be filed after three months have passed from the day following the day on which the person comes to know that the disposition has been rendered; provided, however, that this does not apply if there are legitimate grounds.

A request for re-investigation may not be filed after one year has passed from the day following the day on which the disposition has been rendered; provided, however, that this does not apply if there are legitimate grounds.

Regarding a disposition for which a request for re-investigation may be filed, when the administrative agency reaching the disposition has erroneously failed to inform a person that a request for re-investigation may be filed, and the person has filed a request for review and the requestor for review has filed a petition, the reviewing agency must promptly send the written request for review or written statement concerning the request for review to the administrative agency reaching the disposition; provided, however, that this does not apply after a written explanation has been sent to the requestor for review.

The administrative agency reaching the disposition that has received the written request for review or written statement concerning the request for review pursuant to the provisions of the main clause of the preceding paragraph must promptly notify that fact to the requestor for review and the intervenors.

When the written request for review or written statement concerning the request for review has been sent to the administrative agency reaching the disposition pursuant to the provisions of the main clause of paragraph (1), the request for re-investigation is deemed to have been filed with the administrative agency reaching the dispositionin the first place.

When a request for review has been filed pursuant to the provisions of the proviso to Article 5, paragraph (2), the request for re-investigation referred to in that paragraph is deemed to have been withdrawn; provided, however, that when the administrative agency reaching the disposition has sent a transcript of the written decision referred to in Article 60, paragraph (1) of the fact that the disposition (excluding de facto acts) related to the request for re-investigation is to be revoked, or when de facto acts related to the request for re-investigation have been repealed, before the day on which the request for review was filed with the administrative agency reaching the disposition, the request for review in question (when a decision referred to in Article 59, paragraph (1) to revoke in part the disposition (excluding de facto acts) has been made or de facto acts have been repealed in part, limited to that part) is deemed to have been withdrawn.

When a request for re-investigation is still pending even after three months have passed from the day following the day on which the request for re-investigation was filed (when the administrative agency reaching the disposition ordered the requestor 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 defect was corrected), the administrative agency reaching the disposition must inform the requestor for re-investigation in writing that a request for review may be immediately filed for the disposition.

When a request for re-investigation has been filed after the statutory period has passed, or is otherwise unlawful, the administrative agency reaching the disposition is to dismiss the request for re-investigation by a decision.

When there are no grounds for a request for re-investigation, the administrative agency reaching the disposition is to reject the request for re-investigation by a decision.

When there are grounds for a request for re-investigation concerning a disposition (excluding de facto acts), the administrative agency reaching the disposition is to revoke the disposition in full or in part or change the disposition by a decision.

When there are grounds for a request for re-investigation concerning de facto acts, the administrative agency reaching the disposition is to declare the fact that the de facto acts are illegal or unjust and repeal the de facto acts in full or in part or change the de facto acts by a decision.

In the cases referred to in the preceding two paragraphs, the administrative agency reaching the disposition may not change the disposition or de facto acts in a manner disadvantageous to the requestor for re-investigation.

A decision referred to in the preceding two Articles must be made using a written decision stating the text and the reasons and on which the administrative agency reaching the disposition has affixed its name and seal.

The administrative agency reaching the disposition must state the fact that a request for review may be filed for a disposition of the request for re-investigation in the written decision referred to in the preceding paragraph (excluding a written decision on revoking or eliminating in full the disposition related to the request for re-investigation) (for a decision to dismiss the request, the fact that a request for review may be filed only when the decision of dismissal is illegal), an administrative agency with which a request for review should be filed, and the period for filing a request for review to inform the relevant person of these matters.

The provisions of Article 9, paragraph (4), Article 10 through Article 16, Article 18, paragraph (3), Article 19 (excluding paragraph (3) and paragraph (5), items (i) and (ii)), Article 20, Article 23, Article 24, Article 25 (excluding paragraph (3)), Article 26, Article 27, Article 31 (excluding paragraph (5)), Article 32 (excluding paragraph (2)), Article 39, Article 51, and Article 53 apply mutatis mutandis to requests for re-investigation. In such a case, in the provisions stated in the left-hand column of Appended Table 2, the terms stated in the middle column of that Table are deemed to be replaced with the terms stated in the right-hand column of that Table.