Legal information

Today we will talk about a practical issue in administrative review - what to do if the deadline is delayed. As we all know, there is a 60-day application period for applying for administrative reconsideration. This period is calculated from the date of becoming aware of the administrative action. If due to some objective reasons, it takes more than 60 days to apply, how will the legal process be handled? The new regulations have made a very important addition in this matter. Lawyer Ying Ting will discuss it with everyone next.

Common reasons for deadline delays

In practice, delaysAdministrative review applicationThe reasons for deadlines are varied. Some cases are due to force majeure, such as natural disasters, public health emergencies, etc. The parties concerned are quarantined or their transportation is interrupted, and it is indeed impossible to apply within the time limit. Some are due to the parties' own reasons, such as being hospitalized due to a sudden illness, or having to take compulsory measures and lose their personal freedom. There is another special situation where the applicant has a misunderstanding about the review process. For example, he thinks that he must file a lawsuit first, or that he can appeal to the wrong agency. By the time he figures out the correct method, the time limit has expired. These situations are not uncommon in practice.

Supplementary provisions of the new regulations

The previous "Administrative Reconsideration Law" stipulated two situations in which delays in the time limit can be deducted: one is force majeure, and the other is other legitimate reasons. This time the new regulations specify the situation of "other legitimate reasons" and list several typical and legitimate reasons for delay, including: the party cannot submit the application in time due to health reasons, life and death and other major matters; the party is subject to administrative or medical measures such as isolation treatment, forced isolation; and the application for administrative review must be based on the judgment results of the relevant cases, but the relevant cases have not yet been concluded, etc. The listing of these specific circumstances gives the review authority a clearer basis when judging "justifiable reasons" and reduces disputes.

What should I pay attention to?

There are two special points to note here. First, although the time limit can be deducted in these circumstances, the parties concerned must file a reconsideration application as soon as possible after the obstacles are removed, and cannot delay it indefinitely. The new regulations stipulate that an application can be made "within ten days after the obstacles are removed." If the application exceeds this reasonable range, it may still be deemed to have exceeded the application deadline. Second, when claiming time limit deduction, the parties concerned must provide corresponding evidence materials. For example, if you are delayed due to health reasons, you need a certificate from a medical institution; if you are delayed due to compulsory measures such as quarantine, you need corresponding legal documents. Therefore, it is very important to keep relevant evidence and don’t wait until you need to use it before you remember to supplement the materials.

YesReconsideration of preliminary casesspecial protection

There is also a very practical provision related to the situation of pre-examination. As we all know, for some administrative disputes, you must first apply for administrative review. If you are not satisfied with the review result, you can go to court to sue. This is called "pre-review review". If a party is not aware of the request for reconsideration and goes directly to the court to file a lawsuit, the court will usually not accept the case or dismiss the lawsuit. If the party concerned then comes back to apply for administrative reconsideration, the new regulations provide a special protection: the application period is recalculated from the date the court ruling takes effect. In other words, an enterprise that has entered the litigation process by mistake will not lose the right to reconsider because of this mistake. This is a very humane protection for ordinary citizens who are unfamiliar with administrative relief procedures.

[Lawyer Yingting’s conclusion]

In summary, this time the new regulations have refined and improved the provisions on deadline extension, so that "just cause" is no longer a vague concept, but has some specific judgment standards. For our company, if the deadline for reconsideration application is delayed due to objective reasons, we should not give up easily. We must sort out the reasons for the delay and evidence materials clearly, and strive to obtain the understanding and support of the reconsideration authority.