Procedure for Administrative Appeals
Submission of Written Appeal- A person who wishes to request an administrative appeal shall prepare a written appeal and submit it to the appellee or the pertinent administrative appeals commission. In this case the appellant shall also submit as many copies of the written appeal as there are appellees (Article 23 (1) of the Administrative Appeals Act).
Submission of Written Answer- Where an administrative appeal has been filed by the appellant, the disposing administrative agency that is the opposing party in the administrative appeal, prepares material to rebut the appellant’s appeal and submits it as its written answer, together with the written appeal, to the administrative appeals commission within ten days of the date of its receipt of the written appeal (Article 24 (1) of the Administrative Appeals Act).
- The administrative appeals commission serves the appellee's written answer on the appellant so that the appellant is informed of the appellee’s arguments.
- If an administrative appeal is requested online, then the written answer can be viewed online on the Central Administrative Appeals Commission's website.
Case Referral- The disposing administrative agency refers the appellant’s written appeal that has been submitted and its written answer to the administrative appeals commission without delay, so that the administrative appeals commission may swiftly review the appeal case.
Review- The administrative appeals commission, after a thorough examination of the arguments made by the appellant and the appellee in respect of the case that has been referred to it by the relevant administrative agency, sets a date for review and carries out a review to judge the illegality and injustice of the administrative disposition.
- After the review, the administrative appeals commission serves the outcome of the review on the relevant administrative agency and the appellant.
Ruling- The administrative appeals commission's ruling consists of externally notifying its decision on the administrative appeal case to the appellant and appellee. As such, a written ruling is served on the appellant and appellee.
- The administrative appeal takes effect when the written ruling has been served.