Article 20Procedures When Dismissing Requests for Review from Third Parties
第二十条（第三者からの審査請求を棄却する場合等における手続等）
The provisions of Article 13, paragraph (3) apply mutatis mutandis to the cases in which the administrative determination falls under any of the following items:
第十三条第三項の規定は、次の各号のいずれかに該当する裁決をする場合について準用する。
an administrative determination to dismiss or reject the request for review from a third party against a disclosure decision;
an administrative determination to change the disclosure or non-disclosure decision related to a request for review (excluding a decision to disclose all of the administrative documents related to a request for disclosure), and to disclose the administrative documents related to that request for review (limited to the case in which an intervenor who is a third party has manifested the intention to oppose the disclosure of the administrative documents).
Concerning a request for review of a disclosure decision, etc. or of any inaction related to a disclosure request, special provisions for the provisions of Article 4 of the Administrative Complaint Review Act may be established pursuant to the provisions of Cabinet Order
開示決定等又は開示請求に係る不作為についての審査請求については、政令で定めるところにより、行政不服審査法第四条の規定の特例を設けることができる。
(Granting of Opportunity to Submit a Written Opinion to Third Parties)
If the third party who has been given the opportunity to submit a written opinion pursuant to the provisions of the preceding two paragraphs submits a written opinion manifesting the intention of…
行政機関の長は、前二項の規定により意見書の提出の機会を与えられた第三者が当該行政文書の開示に反対の意思を表示した意見書を提出した場合において、開示決定をするときは、開示決定の日と開示を実施する日との間に少なくとも二週間を置かなければならない。
Open this provision(Administrative Agencies with Which Requests for Review Should Be Filed)
A request for review is to be filed with the administrative agency specified in the following items in accordance with the category of the cases set forth in each of those items…
審査請求は、法律（条例に基づく処分については、条例）に特別の定めがある場合を除くほか、次の各号に掲げる場合の区分に応じ、当該各号に定める行政庁に対してするものとする。
Open this provisionadministrative document
「行政文書」
Documents, drawings and electronic or magnetic records (電磁的記録) that employees of an administrative organ (行政機関) have made or obtained in their work and that the organ holds for its employees' organizational use, except publications issued for sale to the general public such as the official gazette (官報), white papers and books; specified historical public records (特定歴史公文書等), the historical records moved to, or donated to or deposited with, the National Archives (国立公文書館) and similar archives under the Public Records and Archives Management Act; and materials under special management as historical, cultural or research materials at research institutes and other facilities a Cabinet Order (政令) names.
Defined inArticle 2, paragraph (2)· applies throughout the law
request for disclosure
「開示請求」
A request, which anyone may make under Article 3 by submitting a written request for disclosure (開示請求書) to the head of an administrative organ (行政機関), for disclosure of an administrative document (行政文書) that organ holds.
Short name set inArticle 4, paragraph (1)
decision on disclosure or non-disclosure
「開示決定等」
A decision by the head of an administrative organ (行政機関) under Article 9 on a request for disclosure (開示請求): to disclose all or part of the requested administrative document (行政文書), or to disclose none of it, including where the request is refused under Article 8 or the organ does not hold the document.
Short name set inArticle 10, paragraph (1)
disclosure decision
「開示決定」
A decision by the head of an administrative organ (行政機関) under Article 9(1) to disclose all or part of a requested administrative document (行政文書).
Short name set inArticle 12, paragraph (3)
third party
「第三者」
In Article 13, Article 19(2) and Article 20(1), any person or body other than the national government (国), incorporated administrative agencies, etc. (独立行政法人等), local governments (地方公共団体), local incorporated administrative agencies (地方独立行政法人) and the disclosure requester (開示請求者).
Short name set inArticle 13, paragraph (1)· applies only in this article and in Article 19, paragraph (2); and Article 20, paragraph (1)
intervenorcorrected by this site
「参加人」
A person, other than the one who filed a request for review (審査請求) of a decision on disclosure or non-disclosure (開示決定等) or of a failure to act on a request for disclosure (開示請求), who is found, in light of the laws the disposition (処分) rests on, to have an interest in it and who takes part in the review with the permission or at the request of the reviewing agency (審査庁), under Article 13 of the Administrative Complaint Review Act as Article 18(2) of this Act applies it.
Defined inArticle 19, paragraph (2), item (i)· applies only in this paragraph and in Article 20, paragraph (1), item (ii)
request for review
審査請求
A request to an administrative agency (行政庁) to review a disposition (処分) the person objects to, or, where the person applied for a disposition under a law or regulation and a reasonable time has passed with none made, the agency's failure to act (不作為) (Administrative Complaint Review Act, Articles 2 and 3). Unless an Act, or for a disposition based on a local ordinance (条例) that ordinance, provides otherwise, it is made to the agency that made the disposition or failed to act where that agency has no superior agency or is itself the competent minister (主任の大臣) or the head of certain agencies; where such a minister or head is the agency above it, to that minister or head; and otherwise to its highest superior agency (Article 4). Another Act can set rules of its own for it, naming another body to make it to or another route (Article 1, paragraph (2); Article 4): the Employees' Pension Insurance Act, for instance, has a request about a disposition (処分) of the Minister of Health, Labour and Welfare (厚生労働大臣) on a person's status as insured, standard remuneration or insurance benefits, other than a decision on a request to correct the pension insurance register, made to a social insurance examiner (社会保険審査官), and disapplies most of the Administrative Complaint Review Act's rules for it (Employees' Pension Insurance Act, Articles 90, paragraph (1), and 91-2). Under the Administrative Complaint Review Act, a request about a disposition must be made within three months of the day after the person learned of it — or one month after learning of the decision, where a request for re-investigation (再調査の請求) was made first — and within a year of the disposition or that decision, unless there is a justifiable reason (Administrative Complaint Review Act, Article 18, paragraphs (1) and (2)). Making one does not by itself stop the disposition taking effect or being carried out, or the proceedings going on (Article 25, paragraph (1)), but the agency reviewing it can suspend them in whole or in part on the application of the person who made the request — and, where it made the disposition or is the agency above the one that did, of its own motion — and, once the person who made the request has applied, must where that is urgently needed to avoid serious harm, unless that would seriously affect the public welfare or the request appears to have no grounds (Article 25, paragraphs (2) to (4)). The agency reviewing it (審査庁) decides it by a determination (裁決): it dismisses a request that is unlawful, for instance one made too late, rejects one that is groundless, and, where one is well founded, revokes the disposition in whole or in part or changes it — though never to the disadvantage of the person who made the request, and an agency that neither made the disposition nor is above the agency that did cannot change it (Articles 45, paragraphs (1) and (2), 46, paragraph (1), and 48). 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 it abolished in whole or in part or changed, or abolishes or changes it (Article 47). A well-founded request about a failure to act ends instead in a determination declaring the failure unlawful or unjust, and, where the agency finds a disposition should be made, an order to make it or the disposition itself (Article 49, paragraph (3)). Where revoking an unlawful or unjust disposition, or abolishing an unlawful or unjust de facto act, would seriously harm the public interest, the agency can reject the request while declaring in the determination that it is unlawful or unjust (Article 45, paragraph (3)). The determination takes effect when it is served on the person who made the request — or, where someone other than the disposition's addressee made it and the determination revokes or changes the disposition or deals with a de facto act, once it is served on the addressee too — and binds the agencies concerned (Articles 51, paragraph (1), and 52, paragraph (1)).
Written by AI using Administrative Complaint Review Act, Arts. 1 to 4, 18, 25, 45 to 49, 51, 52 and Employees' Pension Insurance Act, Arts. 90, 91-2 as a reference.