1. What is an administrative appeal?
Administrative appeal is a relief system through which anyone who’s right or interest was unlawfully or improperly injured by a center or local government agency’s administrative action can request the agency or its superior authority to review and decide whether the disposition should be maintained or revoked.
2. What agency should I file an administrative appeal to?
In accordance with Article 58 of Administrative Appeal Act, the administrative appellant shall prepare an administrative appeal pleading and file the administrative appeal to the agency which the administrative action was made to transfer to the agency with jurisdiction of administrative appeal. The purpose is to give the agency an opportunity to review its administrative action first as it is more aware of its own disposition than other units. If it considers the administrative appeal sustainable, it may revoke or modify the administrative action without transferring the case to its superior authorities. This is considered a more thoughtful way to protect the rights of the people.
3. What is the statutory period to file an administrative appeal?
In accordance with Article 14 of Administrative Appeal Act, an administrative appeal shall be filed within 30 days since one day after the date which administrative action is served or the expiration date of its publication period. Whether an administrative appeal is filed shall depend on the date which the administrative appeal pleading is received or processed by the agency which the administrative action was made or the agency with jurisdiction of administrative appeal.
4. How to file an administrative appeal?
An administrative appeal must be filed with a certain formalities. In accordance with Article 56 of Administrative Appeal Act, an administrative appeal shall have an administrative appeal pleading which declares the following items and shall be signed or bear the seal of the administrative appellant or her/his representative:
(1) The name, date of birth, domicile, or place of residence, identification number. While a legal entity or other organization with its administrator or representative, its name, office or business center address, and the name, date of birth, domicile or place of residence of the administrator or representative.
(2) While there is an administrative appeal representative for the administrative appeal, her/his name, date of birth, domicile, or place of residence, and identification number.
(3) The agency which the administrative action was made.
(4) The claims of administrative appeal.
(5) The facts and reasons for an administrative appeal.
(6) The date of reception or acknowledge of the administrative action.
(7) The agency with jurisdiction of administrative appeal.
(8) The evidence. While it is a document form, a hand writing or copy shall be appended.
(9) The year, month, and date of filing an administrative appeal.
To file an administrative appeal, you shall append a copy of the administrative action.
An administrative appeal pursuant to Article 2 Paragraph 1 shall identify the agency with the obligation to made the administrative action, date of filing, a copy for the original application and receipt certification of the agency with application, pursuant to Clauses 3 and 6 of Paragraph 1.
5. When shall the decision of an administrative appeal be concluded?
Since the next day which the receipt of the administrative appeal pleading, the administrative appeal decision shall be made within 3 months which may be extended if necessary, provided that the administrative appellant and intervenor appellant are notified. The period can only be extended one time with two months limits.
6. If I refuse to accept the administrative appeal decision or the agency that has accepted my administrative appeal does not make decision within the statutory period, what relief processes can I go to?
If you refuse to accept the administrative appeal decision or the agency that has accepted your administrative appeal fails to make a decision within the statutory period, including the 3-month time limit and the 2-month extension, you can file an administrative proceeding to the High Administrative Court.
7. Propaganda video for filing an administrative appeal
Brother: What! How can this happen to me?
Sister: What happened?
Brother: I have just received an EPA ticket and it fines me of NT$2,000. They said my motorcycle have not had a regular inspection for the emission of air pollutants.
Sister: That’s your fault. Any motorcycle getting out from the factory for more than five years must be checked for its exhaust every year, during the period one month before and after the date your vehicle license is issued. You do not follow the rule. The EPA can of course fine you in accordance with the Air Pollution Control Act.
Brother: But the violation time on the ticket is 2004. How come taking them so long to punish me?
Sister: Well, this ... In accordance with the Administrative Penalty Act, an administrative action by an agency must be taken within three years from the date of a violation. You can file an administrative appeal to Taichung City Government.
Brother: OK. I'll go to the City Hall tomorrow. Ah. No. It is stated on the ticket I received last month that an administrative appeal must be filed within 30 days. So today is the last day.
Sister: Don’t worry. You can make an online statement for your administrative appeal on the website of the city government now but do not forget to send in your written administrative appeal to Taichung City Government within 30 days after the declaration of administrative appeal!
Brother: Thanks. By the way, I received a speeding ticket a few days ago. Can I file an administrative appeal for it, too?
Sister: No, you can’t file an administrative appeal for a speeding ticket, because you can directly argue with the agency issuing the ticket. If you are not satisfied with the conviction, file an administrative proceeding to local district court, instead of an administrative appeal. Hey, don’t you got too many tickets?
Brother: Okay, okay. No more nagging. I'll comply with the law. But how come you know so much. Where do you get the information?
Sister: It is easy. You visit the web site of Legal Affairs Bureau of Taichung City Government, where you will find sample administrative appeals, electronic files of legal affairs, and the way how to write an administrative appeal.
Brother: Great, I will have a look on the Internet and make my online statement for the administrative appeal.
When you consider unlawful or inappropriate an administrative action by any subordinate agencies of the city government, such as tax bills, household registration, land registration, violation of the Waste Disposal Act, violation of the Food Sanitation Management Act, violation of the Smoke Control Act and any other kinds of administrative fines, you can appeal to the agency which made the administrative action or the city government, requesting a review of such decisions. This administrative remedy is called administrative appeal in law.
If you still have other related questions, please call our service hotline: (04) 2217-7291 or visit our website of Legal Affairs Bureau of Taichung City Government at http://www.legal.taichung.gov.tw/
Legal Affairs Bureau of Taichung City Government concerns about your rights and interests.
1. What is an administrative appeal?
- Data update： 2023-06-08
- Publish Date： 2012-10-16
- Source： Legal Affairs Bureau
- Hit Count： 250