Volume 113, Issue 60A
Royal Gazette
14 November 2539
(1)the authority carries out the action himself or authorises another person to do so on his behalf, with the person subjected to the administrative order being obliged to pay the authority the costs and a surcharge at the rate of twenty-five per cent per year of the said costs;
(2)an administrative fine is imposed in an amount appropriate for the situation, but not over twenty thousand baht per day.
The authorities at which level shall have the power to impose administrative fines in what amount and for what cases shall be designated by ministerial regulations.
In the case that urgent execution is required for prevention of a breach of a law which carries a criminal punishment or prevention of damage to the public interest, the authority may apply the measure for administrative execution without having to issue an administrative order requiring an act to be done or omitted first. However, this must be done to the extent appropriate for the situation and not beyond the scope of his powers and duties.
Section59.Prior to applying a measure for administrative execution according to section 58, the authority must issue written warning requiring the act according to the administrative order to be done or omitted within a period of time designated as appropriate for the case. The said warning may be issued together with the administrative order.
Such warning must specify—
(1)the measure for administrative execution clearly, but no more than one measure shall be designated on the same occasion;
(2)the costs of the actions carried out by the authority himself or through another person as may be authorised, or the amount of the administrative fine, as the case may be.
The costs designated in the warning shall not prejudice the right to demand additional costs, if more costs than those designated are actually incurred.
Section60.The authority must apply the measure for administrative execution designated in the warning under section 59. The measure may be changed only when it appears that the measure so designated cannot achieve its objectives.
If the person subjected to the administrative order offers resistance or obstruction to the administrative execution, the authority may employ forces to implement the measure for administrative execution, but this must be done to the extent appropriate for the case. In the case of necessity, the authority may seek assistance from police officers.
Section61.In the case of nonpayment of an administrative fine, the authority shall proceed with it in accordance with section 57.
