Article 19Submission of Written Requests for Review
第十九条(審査請求書の提出)
Unless other laws (for a disposition based on Prefectural or Municipal Ordinance, that Ordinance) provide that a request may be filed orally, a request for review must be filed by submitting a written request for review, pursuant to the provisions of Cabinet Order.
審査請求は、他の法律(条例に基づく処分については、条例)に口頭ですることができる旨の定めがある場合を除き、政令で定めるところにより、審査請求書を提出してしなければならない。
A written request for review of a disposition must state the following matters:
処分についての審査請求書には、次に掲げる事項を記載しなければならない。
the name and domicile or residence of the requestor for review;
審査請求人の氏名又は名称及び住所又は居所
the content of the disposition related to the request for review;
審査請求に係る処分の内容
the date on which the requestor for review has come to know that the disposition related to the request for review has been rendered (when a decision was made for a request for re-investigation for the disposition, that decision);
審査請求に係る処分(当該処分について再調査の請求についての決定を経たときは、当該決定)があったことを知った年月日
the purpose and reasons for filing the request for review;
審査請求の趣旨及び理由
whether any instruction has been given by the administrative agency reaching the disposition and the content of the instruction; and
処分庁の教示の有無及びその内容
the date of filing the request for review.
審査請求の年月日
A written request for review of inaction must state the following matters:
不作為についての審査請求書には、次に掲げる事項を記載しなければならない。
the name and domicile or residence of the requestor for review;
審査請求人の氏名又は名称及び住所又は居所
the content of the application for the disposition of the inaction and the date of filing the application; and
the date of filing the request for review.
審査請求の年月日
If a requestor for review is a corporation or other associations or foundations, and representative members have been elected from among requestors for review, or a request for review is to be filed by an agent, the written request for review must state the name and domicile or residence of the representative or administrator, the representative members, or the agent, in addition to the matters stated in the items of paragraph (2) or the items of the preceding paragraph.
In the cases set forth in the following items, a written request for review of a disposition must state the matters specified in each of those items, in addition to the matters prescribed in paragraph (2) and the preceding paragraph:
when filing a request for review without a decision for a request for re-investigation being made pursuant to the provisions of Article 5, paragraph (2), item (i):the date the request for re-investigation has been filed;
第五条第二項第一号の規定により再調査の請求についての決定を経ないで審査請求をする場合 再調査の請求をした年月日
when filing a request for review without a decision for a request for re-investigation being made pursuant to the provisions of Article 5, paragraph (2), item (ii):legitimate grounds for not going through the decision; and
第五条第二項第二号の規定により再調査の請求についての決定を経ないで審査請求をする場合 その決定を経ないことについての正当な理由
when filing a request for review after the period for filing a request for review has elapsed:legitimate grounds prescribed in the proviso to paragraph (1) or (2) of the preceding Article.
Article 20Requests for Review Orally Filed
第二十条(口頭による審査請求)
When orally filing a request for review, the person must orally state the matters prescribed in paragraphs (2) through (5) of the preceding Article. In such a case, the administrative agency that has received the oral statement must record its content, and read the recording aloud to the person that has made the oral statement to confirm that there are no errors.
口頭で審査請求をする場合には、前条第二項から第五項までに規定する事項を陳述しなければならない。この場合において、陳述を受けた行政庁は、その陳述の内容を録取し、これを陳述人に読み聞かせて誤りのないことを確認しなければならない。
A request for review in the case the administrative agency with which the request should be filed is different from the administrative agency, etc. reaching the disposition, may be filed via the administrative agency, etc. reaching the disposition. In such a case, the requestor for review is to submit a written request for review to the administrative agency, etc. reaching the disposition, or orally state the matters prescribed in Article 19, paragraphs (2) through (5) to the administrative agency, etc. reaching the disposition
審査請求をすべき行政庁が処分庁等と異なる場合における審査請求は、処分庁等を経由してすることができる。この場合において、審査請求人は、処分庁等に審査請求書を提出し、又は処分庁等に対し第十九条第二項から第五項までに規定する事項を陳述するものとする。
In the case referred to in the preceding paragraph, the administrative agency, etc. reaching the disposition must immediately send the written request for review or the written statement concerning the request for review (meaning a document in which the content of the oral statement has been recorded pursuant to the provisions of the second sentence of the preceding Article; the same applies in Article 29, paragraph (1) and Article 55) to the administrative agency that is to become the reviewing agency.
In calculating the period for filing a request for review in the case referred to in paragraph (1), the request for review of the disposition is deemed to have been filed at the time when the written request for review has been submitted, or when the statement of the matters has been made to the administrative agency reaching the disposition.
Article 22Relief When an Erroneous Instruction Has Been Given
第二十二条(誤った教示をした場合の救済)
Regarding a disposition for which a request for review may be filed, when the administrative agency reaching the disposition has erroneously informed a person that an administrative agency that should not be filed a request for review as the administrative agency with which a request for review should be filed, and the person files a request for review in writing with the administrative agency as informed, the administrative agency must promptly send the written request for review to the administrative agency reaching the disposition or the administrative agency that is to become the reviewing agency, and, notify that fact to the requestor for review.
審査請求をすることができる処分につき、処分庁が誤って審査請求をすべき行政庁でない行政庁を審査請求をすべき行政庁として教示した場合において、その教示された行政庁に書面で審査請求がされたときは、当該行政庁は、速やかに、審査請求書を処分庁又は審査庁となるべき行政庁に送付し、かつ、その旨を審査請求人に通知しなければならない。
When the written request for review has been sent to the administrative agency reaching the disposition pursuant to the provisions of the preceding paragraph, the administrative agency reaching the disposition must promptly send the written request to the administrative agency that is to become the reviewing agency, and, notify that fact to the requestor for review.
前項の規定により処分庁に審査請求書が送付されたときは、処分庁は、速やかに、これを審査庁となるべき行政庁に送付し、かつ、その旨を審査請求人に通知しなければならない。
Regarding a disposition for which a request for re-investigation may not be filed among the dispositions referred to in paragraph (1), when the administrative agency reaching the disposition has erroneously informed a person that a request for re-investigation may be filed and the person files a request for re-investigation with that administrative agency reaching the disposition, that administrative agency reaching the disposition must promptly send the written request for re-investigation (meaning the written request for re-investigation prescribed in Article 19 as applied mutatis mutandis pursuant to Article 61 following the deemed replacement of terms; the same applies below in this Article) or the written statement concerning the request for re-investigation (meaning a document in which the content of the oral statement has been recorded pursuant to the provisions of the second sentence of Article 20 as applied mutatis mutandis in Article 61; the same applies below in this Article) to the administrative agency to become the reviewing agency and notify that fact to the requestor for re-investigation.
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 review may be filed, and the person has filed a request for re-investigation with that administrative agency reaching the disposition and has filed a petition, that administrative agency reaching the disposition must promptly send the written request for re-investigation or written statement concerning the request for re-investigation and the related documents and other objects to the administrative agency that is to become the reviewing agency. In such a case, the administrative agency that has received those documents and objects must promptly notify that fact to the requestor for re-investigation and a person that participates in the request for re-investigation pursuant to the provisions of Article 13, paragraph (1) or (2) as applied mutatis mutandis pursuant to Article 61 following the deemed replacement of terms.
When the written request for review, or the written request for re-investigation or written statement concerning the request for re-investigation has been sent to the administrative agency that is to become the reviewing agency pursuant to the provisions of each of the preceding paragraphs, the request for review is deemed to have been filed with the administrative agency that is to become the reviewing agency in the first place.
前各項の規定により審査請求書又は再調査の請求書若しくは再調査の請求録取書が審査庁となるべき行政庁に送付されたときは、初めから審査庁となるべき行政庁に審査請求がされたものとみなす。
Article 23Correction of Written Requests for Review
第二十三条(審査請求書の補正)
When a written request for review violates the provisions of Article 19, the reviewing agency must specify a reasonable period of time and order the correction of the defects within that period.
第二十四条(審理手続を経ないでする却下裁決)
In the case referred to in the preceding Article, when a requestor for review does not correct the defects within the period referred to in that Article, the reviewing agency may dismiss the request for review by an administrative determination, based on the provisions of Article 45, paragraph (1) or Article 49, paragraph (1) without going through the procedures for proceedings prescribed in the following Section.
The preceding paragraph also applies when it is obvious that a request for review is unlawful and may not be corrected.
審査請求が不適法であって補正することができないことが明らかなときも、前項と同様とする。
第二十五条(執行停止)
A request for review does not preclude the effect of the disposition, enforcement of the disposition, or continuation of the procedures.
審査請求は、処分の効力、処分の執行又は手続の続行を妨げない。
When finding it necessary, the higher administrative agency of the administrative agency reaching the disposition or the reviewing agency that is the administrative agency reaching the disposition may suspend the effect of the disposition, enforcement of the disposition, or continuation of procedures, in full or in part, or take other measures (referred to as "stay of enforcement" below), upon a petition filed by the requestor for review or by its authority.
When finding it necessary, the reviewing agency that is neither the higher administrative agency of the administrative agency reaching the disposition nor the administrative agency reaching the disposition may order a stay of enforcement, by a petition filed by the requestor for review, after hearing opinions of the administrative agency reaching the disposition; provided, however, that the reviewing agency may not take any measures other than suspending the effect of the disposition, stay of enforcement of the disposition, or continuation of procedures, in full or in part.
When a petition has been filed by the requestor for review under the provisions of the preceding two paragraphs, and the reviewing agency finds it urgently necessary for avoiding causing serious damage by the disposition, the stay of enforcement of the disposition, or the continuation of procedures, the reviewing agency must order a stay of enforcement; provided, however, that this does not apply when the stay of enforcement is likely to have a material impact on public welfare or when the action on the merits seems groundless.
When determining whether the serious damage prescribed in the preceding paragraph is to be caused or not, the reviewing agency is to consider the level of difficulty in recovering the damage and also take into account the nature and extent of the damage and the content and nature of the disposition.
In the cases referred to in paragraphs (2) through (4), the suspension of the effect of the disposition may not be ordered when the intended purpose may be achieved through measures other than the suspension of the effect of the disposition.
第二項から第四項までの場合において、処分の効力の停止は、処分の効力の停止以外の措置によって目的を達することができるときは、することができない。
When a petition for a stay of enforcement has been filed, or a written opinion stating that the stay of enforcement prescribed in Article 40 should be taken has been submitted by a review officer, the reviewing agency must promptly decide whether or not to order a stay of enforcement.
Article 26Revocation of Stay of Enforcement
第二十六条(執行停止の取消し)
After the stay of enforcement has been granted, if it becomes clear that the stay of enforcement is to have a material impact on public welfare or when there are any changes to the circumstances, the reviewing agency may revoke the stay of enforcement.
Article 27Withdrawal of Requests for Review
第二十七条(審査請求の取下げ)
A requestor for review may withdraw the request anytime until an administrative determination is made.
審査請求人は、裁決があるまでは、いつでも審査請求を取り下げることができる。
The withdrawal of a request for review must be filed in writing.
審査請求の取下げは、書面でしなければならない。
Section 3 Procedures for Proceedings
第三節 審理手続
Article 28Well-Planned Progress of Procedures for Proceedings
第二十八条(審理手続の計画的進行)
A requestor for review, an intervenor, and the administrative agency, etc. reaching the disposition (referred to as "persons concerned with proceedings" below), and a review officer must mutually cooperate in the proceedings as well as advance the procedures for proceedings in a planned manner, for the purpose of achieving simple, prompt, and fair proceedings.
Article 29Submission of Written Explanations
第二十九条(弁明書の提出)
When having been nominated by the reviewing agency, a review officer must immediately send a copy of the written request for review or written statement concerning the request for review to the administrative agency, etc. reaching the disposition; provided, however, that this does not apply if the administrative agency, etc. reaching the disposition is the reviewing agency.
A review officer is to specify a reasonable period of time and request the administrative agency, etc. reaching the disposition to submit a written explanation.
The administrative agency, etc. reaching the disposition must enter the matters specified in the following items in accordance with the category of the cases referred to in each of those items in the written explanation referred to in the preceding paragraph:
a written explanation on a request for review of a disposition:the content of and the reasons for the disposition; and
処分についての審査請求に対する弁明書 処分の内容及び理由
a written explanation on a request for review of inaction:the reasons for not having reached a disposition, and the scheduled time and content of the disposition, and the reasons for the disposition.
When the administrative agency reaching the disposition is to hold the following documents, the documents are to be attached to the written explanation stated in item (i) of the preceding paragraph:
the record referred to in Article 24, paragraph (1) of the Administrative Procedure Act (Act No. 88 of 1993) and the written report referred to in paragraph (3) of that Article; and
行政手続法(平成五年法律第八十八号)第二十四条第一項の調書及び同条第三項の報告書
the written explanation prescribed in Article 29, paragraph (1) of the Administrative Procedure Act.
行政手続法第二十九条第一項に規定する弁明書
When a written explanation has been submitted by the administrative agency, etc. reaching the disposition, a review officer must send the written explanation to the requestor for review and the intervenors.