Volume 113, Issue 60A
Royal Gazette
14 November 2539
The appeal does not result in a stay of the execution of the administrative order, save where the stay is ordered in accordance with section 56, paragraph 1.
Section45.The authority under section 44, paragraph 1, shall consider the appeal and notify the appellant without delay, but not later than thirty days from the day he receives the appeal. In the case that he agrees with the appeal, whether in whole or in part, he shall change the administrative order in accordance with his opinion within the same time limit.
If the authority under section 44, paragraph 1, disagrees with the appeal, whether in whole or in part, he shall, within the time limit under paragraph 1, quickly report his opinion and the reasons therefor to the person having the power to consider the appeal. The person having the power to consider the appeal shall finish considering the appeal within thirty days from the day he receives the report. If necessity prevents him from finishing the consideration within the said period of time, he shall notify the appellant in writing before the fulfilment of such time limit. In this case, the period of time for considering the appeal shall be extended not more than thirty days from the day the said time limit is fulfilled.
Which of the authorities shall have the power to consider the appeal according to paragraph 2 shall be designated by a ministerial regulation.
The provisions of this section shall not apply to the cases which are otherwise designated by a specific law.
Section46.In considering an appeal, the authority shall be able to review the administrative order, whether in respect of the questions of fact or law or in respect of the appropriateness of the making of the administrative order, and may order the original administrative order to be revoked or changed in any manner, whether by increasing or decreasing a burden, by exercising discretion on behalf [of the relevant person] as to the appropriateness of the making of the administrative order, or by designating any conditions.
Section47.When the law requires an appeal pertaining to any affair to be filed with an authority which is a commission, the limits of the appellate proceedings shall be in accordance with with the law on such affair and the proceedings shall follow the provisions of this Chapter 2 to the extent not contrary or repugnant to the said law.
Section48.As regards an administrative order of any commission, whether or not it be established by the law, a participant shall have the right to file a protest on both the points of fact and the points of law with the Commission for Ruling of Petitions according to the law on the Council of State within ninety days from the day he is notified of the order. However, if the commission in question is a commission for ruling of disputes, the right to file an appeal and the time limit for the appeal shall be as designated by the law on the Council of State.
