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SECTION THREE ADMINISTRATIVE DECISIONS

SUB SECTION ONE INITIATION OF ADMINISTRATIVE DECISIONS

20. Initiation of Administrative Decision

1/ An application for an administrative decision be made by an interested person or his agent.

2/ An administrative decision process may be initiated by the relevant administrative agency.

21. Manner of Administrative Decision Application

1/ An application for administrative decision shall be made in writing and may be submitted in person, a registered postal address or electronic means.

2/ A written application of administrative decision shall include:

a) Date, name of the applicant or his agent, signature and address;

b) Name of the administrative agency to whom the petition is made;

c) The right and interest of the applicant being sought;

d) Act that the administrative authority has to do.

e) Facts and evidence relevant for the decision.

3/An agency may prepare forms through which an application may be made.

22. Record of Applications

1/Upon receiving an application for administrative decision, the agency shall immediately furnish.

2/ A written confirmation of application, shall contain details of receiving relevant documents attached there.

SUB SECTION TWO

PRINCIPLES OF ADMINISTRATIVE DECISION MAKING

23. An Administrative Decision Maker

decision may only be rendered by the Head or Authorized Official/Manager or Staff of an agency.

24. Respecting Scope of Authority

A person rendering an administrative decision shall respect the scope of authority of the agency established by Law.

25. Balancing of Public and Individual Interest

A person rendering an administrative decision shall balance the individual interest of the person regarding whom an administrative decision is being considered with that of the public interest identified in the objectives of the agency.

26. Avoiding Irrelevant Matters and Interests

A person rendering an administrative decision should avoid influence from irrelevant facts or interests.

27.Rendering of Professionalism

A decision, shall abide by the ethical standards, show due diligence and care that is required by the relevant task or profession.

28. Hearing

The person rendering administrative decisions in accordance with articles 23 of this Proclamation shall provide adequate opportunity of hearing to arguments and evidence presented by the person regarding whom decision is being made, and as the case may be to third parties as well as the public.

29. Good faith

A person rendering administrative decisions should made the decision in good faith.

30. Reasoned Decision

The person rendering administrative decisions should provide adequate reason for the decision he makes.

31. Avoiding Conflict of Interest

Where a person rendering administrative decisions has blood, affinity or any other kind of relation that may cause a conflict of interest, he shall recuse himself from case.

32. Keep Customers Equality

A person rendering administrative decisions shall not discriminate between persons based on race, color, ethnicity, sex, language, religion, political view, social background, class, or any other ground.

33. Timely Decision

1/ The person rendering administrative decision shall give a decision without delay in a reasonable period of time and ensure that interests associated with the decision are not negatively affected as a result of delay.

2/ Failure to render decision within an appropriate period of time shall be considered as denial of the petition.

34. Predictability

In matters involving similar facts, the person rendering an administrative decision shall decide in the same manner.

35. Transparency

A person rendering administrative decisions shall ensure the transparency of the decision making process.

SUB SECTION THREE HEARING THE ISSUE

36. Hearing of the Case

1/ Before rendering any administrative decisions shall provide adequate opportunity of hearing.

2/Notwithstanding to sub article 1 of this Article decision may render without hearing:-

a)If there is no arguments of the facts of the case;

b)If it is special privilege or if the administrative agency has alternative decision power ;or

c) The issue is urgent.

37. Conditions of Hearing

1/ The parties to case has the right to appear in person and have the right:

a)To give testimony ;

b)To produce evidences ;

c) To access and examine evidences presented to the Authority .

2/The Agency may use all legal methods to get documents of investigation and other any evidences from the party participated in the argument, witnesses and professional persons.

38. Recusal

1/ A person may be recused from the decision making on one of the grounds listed here under:

a) He has a direct or indirect interest on the matter ;

b) The matter at hand affects a person that has a relation with a decision maker in consanguinity or Affinity, close friend ;

c)If he has represented the person regarding whom the decision is being considered, as an agent, attorney or in any other professional capacity ;

d) He has made a decision on the matter in another capacity ;

2/ In case where one of the grounds listed under sub article (1) of this Article are present, the person may be recused from decision making process on his own accord, or the petition of the an interested person;

3/If recusal is requested, until the head of administrative decision rendering final decision the person raised matter of recusal shall remain suspended from entertaining the case;

4/ The Head accepted the recusal request initiated by the interested person or others shall render decision within five working days to stay or recused .

SUB-SECTION FOUR ADMINISTRATIVE DECISION

39. Giving the Decision to the Client

An Agency shall notify the concerned person of its decision with its reason in writing.

40. Administrative Decision

All administrative decision shall be made in writing and contain:

1/ Date and Number of Decision;

2/Name of the Authority;

3/Parties to the case and their address;

4/Issues of claim;

5/Discretion of Evidences;

6/ Description of Fact and Law;

7/ Decision.

41. Suspension

1/The party whose who may incur irreparable on his

right and intrerest by immediate enforcement of the decision can apply for the suspension of the decision to the authority rendering decision.

2/ An administrative agency receiving a petition as per Sub Article 1 of this Article may order the case to be seen again or to suspend any part of the decision.

42. Person to Enforce Administrative Decisions

An administrative decision shall be enforced by the person or a concerned body who has made the decision.

SUB SECTION FIVE COMPLAINT AGAINST ADMINISTRATIVE DECISION

43. Right to Lodge Complaint

Any person against whom and administrative decision is made has the right to lodge a complaint to the Agency.

44. Establishment of Complaint Handling Body

All administrative agencies shall establish a complaint handling division and notify such establishment to clients.

45. Stay of Enforcement

Enforcement of any decision of an administrative agency against which a complaint is lodged will be stayed until the complaint is processed and a final decision made. However, the head of the Agency may order the enforcement of the decision where delay in enforcement may cause an irreversible damage to public interest.

46. Considering the complaint

1/ The complaint handling body shall properly examine the complaint it has received and present its recommendation to the Head of the Agency or an officer duly authorized by the Head.

2/The decision of the Head of the Agency or an officer duly authorized by the Head of the Agency, after considering the recommendation of the complaint handling body shall be considered as the final decision of the agency.

47. Notification of Decisions

An agency shall notify the petitioner, in writing, the decision made pursuant to Article 46 of this Proclamation.

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