Page:พรบ วิ ปกครอง ๒๕๓๙ (๐๑).pdf/11

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Section38.The provisions of section 36 and section 37, paragraph 1, shall not apply to the administrative orders designated by ministerial regulations in accordance with the criteria, procedure, and conditions designated by ministerial regulations.

Section39.In issuing an administrative order, an authority may designate any conditions in so far as they are necessary for achieving the objectives of the law, save where the law otherwise limits his discretion.

The conditions designated in accordance with paragraph 1 shall include the following conditions designated as appropriate for the case:

(1)a requirement that a right or obligation commence or conclude at any time;

(2)a requirement that the commencement or conclusion of a right or obligation depend upon an uncertain event in the future;

(3)a reservation of the right to cancel the administrative order;

(4)a requirement that the beneficiary do or refrain from doing anything or bear or accept certain obligations or responsibilities, or a statement establishing, changing, or making additions to the said requirement.

Section40.An administrative order against which an appeal or protest can be filed shall also mention the cases in which the appeal or protest can be filed, the filing of the appeal or protest, and the period of time for filing the appeal or protest.

In the case that the provisions of paragraph 1 are violated, the period of time for filing the appeal or protest shall be recounted from the day the notification of the criteria under paragraph 1 is received, but if no notification is made and the said period of time is shorter than one year, it shall be extended to one year from the day the administrative order is received.

Section41.The fact that an administrative order has been issued in violation of or without compliance with the following criteria does not cause the administrative order to be imperfect:

(1)the administrative order has been issued without anyone applying for it when no authority can initiate it without anyone applying for it: if an application is subsequently filed;

(2)the administrative order has to be furnished with a statement of grounds in accordance with section 37, paragraph 1: if the said statement is subsequently provided;

(3)the required hearing of the participants has been carried out imperfectly: if a perfect hearing is subsequently held;

(4)the administrative order requires prior approval of another authority: if the authority subsequently gives the approval.