日本財団 図書館


(Administrative Fine)

 

Article 255-3.

When the chief executive of an ordinary local public body intends to impose an administrative fine upon a person, he/she shall beforehand notify such person and offer him/her an opportunity of pleading.

 

2.

Any person dissatisfied with imposition of an administrative fine by the chief executive may appeal for review to the Minister of Home Affairs (if imposed by the governor of To, Do, Fu or Ken) or to the governor of To, Do, Fu or Ken (if imposed by the mayor of a city, town or village). He/she may also take exception thereto.

 

3.

Appeal for review from the imposition of an administrative fine by an organ other than the chief executive shall be made to the chief executive, even if he/she is not the administrative agency of the next higher instance to the organ.

 

4.

A second appeal for review may be made from the adjudication upon appeal for review (except such as mentioned in paragraph 2) against imposition of an administrative fine to the Minister or Home Affairs (if such adjudication was given by the governor of To, Do, Fu or Ken) or to the governor of To, Do, Fu or Ken (if given by the mayor of a city, town or village).

 

(Corrective Action)

 

Article 255-4.

Any person who has had his/her right illegally infringed upon by an act of any organ of the ordinary local public body in the performance of its affairs under this Law may appeal for corrective action to the Minister of Home Affairs (if the organ is To, Do, Fu or Ken) or to the governor of To, Do, Fu or Ken (if it is of a city, town, or village), unless other administrative remedies are provided for elsewhere.

 

(Local Dispute Arbitrator)

 

Article 255-5.

In case an appeal for review (excluding the case of Article 255-2), second appeal for review (excluding the case of paragraph 4 of Article 252-17), petition for review or appeal for corrective action is filed respecting to the affairs of To, Do, Fu or Ken or of a city, town or village, the Minister of Home Affairs or the governor of To, Do, Fu or Ken respectively shall, upon request of such appellant or petitioner, or ex officio if specially necessary, appoint a local dispute mediator under paragraph 2 of Article 251 to refer the matter to his/her inquiry.

 

 

 

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