Section 4 Consultation with Administrative Complaint Review Board, etc.
第四節 行政不服審査会等への諮問
第四十三条
When the review agency has received a review officer's written opinion, the reviewing agency that falls under the competent minister, the Grand Steward, or the head of any of the agencies 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 must consult with an Administrative Complaint Review Board, and the reviewing agency that falls under the head of a local government (for an association of a local government, the head, manager, or council) must consult with the organs referred to in Article 81, paragraph (1) or (2), in the cases other than those that fall under any of the following case:
when rendering a disposition of a request for review, other laws or Cabinet Order (for a disposition based on Prefectural or Municipal Ordinance, the Ordinance) provides that the disposition should be rendered by going through deliberations or that it may be rendered by going through deliberations at an organ stated in the items of Article 9, paragraph (1) or the assemblies of local governments, or entities specified by Cabinet Order as being similar to those organs (referred to as "Council, etc." below), and, the disposition has been rendered following the deliberations;
when making a decision, other laws or Cabinet Order (for a disposition based on Prefectural or Municipal Ordinance, the Ordinance) provides that an administrative determination should be made by going through deliberations or may be made by going through deliberations at an organ stated in the items of Article 9, paragraph (1) or the assemblies of local governments, or entities specified by Cabinet Order as being similar to those organs, and, the reviewing agency intends to make an administrative determination by going through the deliberations;
when the reviewing agency intends to make an administrative determination by going through deliberations at the Council, etc. pursuant to the provisions of Article 46, paragraph (3) or Article 49, paragraph (4);
when the requestor for review has made a request that they do not wish to consult an Administrative Complaint Review Board or an organ referred to in Article 81, paragraph (1) or (2) (referred to as "Administrative Complaint Review Board, etc." below) (excluding the cases in which an intervenor has raised an objection on not consulting the Administrative Complaint Review Board, etc.);
when the Administrative Complaint Review Board, etc. finds that a consultation is not necessary taking into account of the extent of influence on the rights and interests of the people and the conduct of administrative affairs, and the nature of the case;
審査請求が、行政不服審査会等によって、国民の権利利益及び行政の運営に対する影響の程度その他当該事件の性質を勘案して、諮問を要しないものと認められたものである場合
when the request for review is unlawful and the reviewing agency intends to dismiss the request;
審査請求が不適法であり、却下する場合
when the reviewing agency intends to revoke the dispositions related to the request for review in full (excluding a disposition to dismiss or reject an application based on laws and regulations, and de facto acts) pursuant to the provisions of Article 46, paragraph (1), or order that the de fact acts related to the request for review should be eliminated in full or decide to eliminate the de facto acts in full pursuant to the provisions of Article 47, item (i) or (ii) (excluding the cases in which a written opinion to oppose the revocation of the disposition in full or the order or decision to eliminate the de facto acts in full has been submitted, and the case in which an opinion to that effect has been stated in the oral opinion statement); or
when the reviewing agency decides to take the measures specified in the items of Article 46, paragraph (2) or the items of Article 49, paragraph (3) (limited to measures ordering that the application based on laws and regulations should be approved in full, or measures that approves the application in full) (excluding the cases in which a written opinion opposing the approval of the application in full has been submitted and cases in which an opinion to that effect has been stated in the oral opinion statement).
The consultation under the provisions of the preceding paragraph must be made by attaching copies of the review officer's written opinion and the case record.
The reviewing agency that has consulted with the Administrative Complaint Review Board, etc. pursuant to the provisions of paragraph (1) must notify the persons concerned with proceedings (when the administrative agency, etc. reaching the disposition is the reviewing agency, the requestor for review and the intervenor) the fact that it has consulted the Administrative Complaint Review Board, etc. and send those persons a copy of the review officer's written opinion.
Section 5 Administrative Determinations
第五節 裁決
When the reviewing agency has received a response to the consultation from the Administrative Complaint Review Board, etc. (if the consultation under the provisions of paragraph (1) of the preceding Article is not necessary (excluding the cases falling under item (ii) or (iii) of that paragraph), when the review officer's written opinion has been submitted, and if the case falls under item (ii) or (iii) of that paragraph, when the case has gone through the deliberations prescribed in item (ii) or (iii) of that paragraph), the reviewing agency must make an administrative determination without delay.
Article 45Dismissal or Rejection of Requests for Review of Dispositions
第四十五条（処分についての審査請求の却下又は棄却）
When a request for review of a disposition has been filed after the elapse of the statutory period, or is otherwise unlawful, the reviewing agency is to dismiss the request for review by an administrative determination.
When there are no grounds for a request for review of a disposition, the reviewing agency is to reject the request for review by an administrative determination.
When a disposition related to a request for review is illegal or unjust but its revocation or elimination significantly harms public interest, and the reviewing agency finds that the revocation or elimination of the disposition is not in accordance with public welfare upon considering the extent of damage suffered by the requestor for review, the extent and method of compensation for or prevention of the damage, and all other circumstances, it may dismiss the request for review by an administrative determination . In such a case, the reviewing agency must declare that the disposition is illegal or unjust in the text of the administrative determination.
Article 46Approval of Requests for Review of Dispositions
第四十六条（処分についての審査請求の認容）
When there are grounds for a request for review of a disposition (excluding de facto acts; the same applies below in this Article and Article 48) (excluding the cases to which the provisions of paragraph (3) of the preceding Article apply), the reviewing agency is to revoke in full or in part the disposition, or change the disposition by an administrative determination; provided, however, that when the reviewing agency is neither the higher administrative agency of the administrative agency reaching the disposition nor the administrative agency reaching the disposition, the reviewing agency may not change the disposition.
When revoking a disposition to dismiss or reject in full or in part an application based on laws and regulations pursuant to the provisions of the preceding paragraph, the reviewing agency stated in the following items is to take the measures specified in each of those items when it finds that a certain disposition should be rendered for the application:
the reviewing agency that is the higher administrative agency of the administrative agency reaching the disposition:to order that administrative agency reaching the disposition to render the disposition; and
the reviewing agency that is the administrative agency reaching the disposition:to render the disposition.
When there are provisions providing that a certain disposition prescribed in the preceding paragraph 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 the deliberations at the Council, etc. concerning 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 or other procedures should be taken for a certain disposition prescribed in paragraph (2), and the reviewing agency finds it necessary for the purpose of taking the measures specified in the items of that paragraph, the reviewing agency may conduct those procedures.