Administrative Complaint Review Act

The Administrative Complaint Review Board (referred to as "the Board" below) is established in the Ministry of Internal Affairs and Communications.

The Board is to administer matters that have been placed under its authorization pursuant to the provisions of this Act.

The Board consists of nine Board members.

The Board members serve on a part-time basis; provided, however, a maximum of three persons may serve on a full-time basis.

The Board members are to be appointed by the Minister of Internal Affairs and Communications, with the consent of both Houses of the Diet, from among the persons who are capable of making a fair judgment on the matters under the authority of the Board and have excellent insight into law or administration.

When the term of office of a Board member expires or a vacancy occurs and the consent of both Houses of the Diet cannot be obtained because the Diet is out of session or the dissolution of the House of Representatives, the Minister of Internal Affairs and Communications may appoint a Board member from among the persons who have qualifications prescribed in the preceding paragraph, notwithstanding the provisions of that paragraph.

In the case referred to in the preceding paragraph, the subsequent approval of both Houses of the Diet must be obtained in the first session of the Diet after the appointment. In such a case, when the subsequent approval of both Houses of the Diet may not be obtained, the Minister of Internal Affairs and Communications must dismiss that Board member.

The term of office of a Board member is to be three years; provided, however, that the term of office of a Board member appointed to fill a vacancy is to be the remaining term of office of the predecessor.

A Board member may be reappointed.

When the term of office of a Board member has expired, the Board member is to continue to perform their duties until the successor is appointed.

When the Minister of Internal Affairs and Communications finds that a Board member is incapable of performing their duties due to mental or physical disorder or has committed a violation of obligations in the course of duties or other malfeasance unsuitable for a Board member, the Minister may dismiss that Board member, with the consent of both Houses of the Diet.

A Board member must not disclose any confidential information that they have learned in the course of duties. The same applies even after leaving their post.

While in office, a Board member must not serve as an officer of a political party or other political bodies, or actively engage in political activities.

Full-time board members must not engage in other jobs with remuneration, perform commercial business, or operate other businesses for monetary profit while in office, unless permitted by the Minister of Internal Affairs and Communications.

The remuneration of the board members is specified separately by law.

The Board is to have a chairperson, who is to be elected from among the Board members.

The chairperson presides over the affairs of the Board and represents the Board.

If the chairperson is unavailable, a Board member appointed in advance performs the chairperson's duties.

The Board may have expert advisors to have them investigate technical matters.

Expert advisors are to be appointed by the Minister of Internal Affairs and Communications from among persons with relevant expertise.

When the investigation on the technical matters related to the appointment of an expert advisor has been completed, the expert advisor is to be dismissed.

An expert advisor serves on a part-time basis.

A panel consisting of three persons nominated by the Board from among the Board members investigates and deliberates cases related to a request for review.

Notwithstanding the provisions of the preceding paragraph, in the case specified by the Board, a panel consisting of all Board members investigates and deliberates cases related to a request for review.

The Board is to establish a secretariat for the purpose of having the secretariat deal with the affairs of the board.

The secretariat has a secretary general and other necessary employees.

The secretary general administers the affairs of the secretariat under the order of the chairperson.

When finding it necessary, the Board may request the requestor for review, the intervenors, or the reviewing agency that has consulted with the Board pursuant to the provisions of Article 43, paragraph (1) (referred to as the "persons concerned with the review" below in this Subsection) to submit a document stating their allegation (referred to as "written statement of allegations" below in this subsection) or other materials, request a person found appropriate to state the facts that they know, or seek expert opinions, or otherwise conduct necessary investigations.

When a person concerned with the review has filed a petition, the Board must give the person concerned with the review an opportunity to orally state opinions; provided, however, that this does not apply if the Board finds it unnecessary.

In the case referred to in the main clause of the preceding paragraph, a requestor for review or an intervenor may appear in court together with an assistant by obtaining permission from the Board.

A person concerned with the review may submit a written statement of allegations or materials to the Board. In such a case, when the Board has specified a reasonable period of time during which a written statement of allegations or materials should be submitted, the person must submit them within that period of time.

When finding it necessary, the Board may have a Board member it has nominated conduct an investigation under the provisions of Article 74 or hear the opinions of the persons concerned with the review under the provisions of the main clause of Article 75, paragraph (1).

The persons concerned with the review may request the Board the inspection of a written statement of allegations or materials submitted to the Board (for an electronic or magnetic record, the inspection of a media that displays the matters recorded by the method specified by the Board), or the delivery of copies of the written statement of allegations or materials, or a document stating the matters recorded in the electronic or magnetic record. In such a case, the Board 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 the Board intends to enable the inspection under the provisions of the preceding paragraph or the delivery under the provisions of that paragraph, the Board must hear the opinions of the persons that have submitted the written statements of allegations or materials to be inspected or delivered; provided, however, that this does not apply if the Board finds it unnecessary.

The board may designate the date of and the place for the inspection under the provisions of paragraph (1).

A requestor for review or an intervenor who 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 the Board finds that there are financial difficulties or other specific reasons, it 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 the board has responded to a consultation, the Board is to send a copy of the written response to the requestor for review and the intervenors, and publicize the content of the response.

Beyond what is provided for in this Act, necessary matters concerning the Board are provided for by Cabinet Order.

A local government establishes an organ for dealing with the matters that have been placed under its authority pursuant to the provisions of this Act as an organ affiliated to its executive agencies.

Notwithstanding the provisions of the preceding paragraph, when it is inappropriate or difficult to establish an organ referred to in that paragraph in view of the situation of complaints filed in the local government, a local government may establish an organ for dealing with the matters that have been placed under its authority pursuant to the provisions of this Act as an organ affiliated to its executive agencies for each case, pursuant to the provisions of Prefectural or Municipal Ordinance.

The provisions of Subsection 2 of the preceding Section apply mutatis mutandis to the organs referred to in the preceding two paragraphs. In such a case, the term "Cabinet Order" in Article 78, paragraphs (4) and (5) is deemed to be replaced with "Prefectural or Municipal Ordinance".

Beyond what is provided for in the preceding three paragraphs, necessary matters concerning the organization and operation of the organs referred to in paragraphs (1) or (2) are provided for by Ordinance of the local government in which the organ is established (for an organ jointly established pursuant to the provisions of Article 252-7, paragraph (1) of the Local Autonomy Act, the rules referred to in that paragraph).