Request for re-examination

A further request, by a person who objects to the determination (裁決) on a request for review (審査請求) of a disposition (処分), that can be made only where an Act provides for one against that disposition (Administrative Complaint Review Act, Article 6, paragraph (1)). It is made to the administrative agency (行政庁) that Act names, against either the original determination (原裁決) or the disposition itself (paragraph (2)): the Employees' Pension Insurance Act, for instance, has it made to the Social Insurance Examination Committee (社会保険審査会) against a social insurance examiner's (社会保険審査官) decision, and disapplies the Administrative Complaint Review Act's rules on it (Employees' Pension Insurance Act, Articles 90, paragraph (1), and 91-2). Another Act can set rules of its own for it in this way (Administrative Complaint Review Act, Article 1, paragraph (2)). Under the Administrative Complaint Review Act, it must be made within one month of the day after the person learned of the original determination and within a year of it, unless there is a justifiable reason (Article 62). The agency reviewing it decides it by a determination: it dismisses a request that is unlawful, for instance one made too late; rejects one that is groundless, or one where the original determination turned down the request for review wrongly but the disposition was neither unlawful nor unjust; and, where one is well founded, revokes the original determination or the disposition in whole or in part — unless revoking it, or abolishing a de facto act, would seriously harm the public interest, when the agency can reject the request while declaring the determination or disposition unlawful or unjust (Articles 64, paragraphs (1) to (4), and 65, paragraph (1)). Where the request is about a de facto act (事実上の行為), the determination instead declares the act unlawful or unjust and orders the agency that made the disposition to abolish it in whole or in part (Article 65, paragraph (2)). An agency making a determination against which this request can be made must say so in it, naming the agency to make it to and the time allowed (Article 50, paragraph (3)).