If a petition for administrative appeal was submitted to the wrong administrative agency, what must that agency do, and when is the appeal treated as filed?
General information · Not legal advice
Material to check
In a practice file we read the petition and any duplicate copies as submitted, the record showing which body received them and on what date, and the notice the applicant was given about where to file, since the provision turns on that notice being absent or wrong.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading ties every step to the notice: where the agency gave no notice or gave wrong notice and the applicant therefore filed with another administrative agency, that agency must forward the petition without delay to the respondent having proper authority, must tell the applicant without delay, and the appeal is treated as made when the petition was submitted to it, for computing the filing period.
Another reading marks the limit: the forwarding duty and the deeming both depend on a missing or wrong notice from an agency, so the provision does not cover a petition an applicant sends elsewhere for reasons unconnected with any such notice, and it does not say what that agency must record about the defect.
Your judgment
How could the file show whether the applicant's submission to that agency followed a missing or wrong notice from an agency?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the deeming of the filing date or the forwarding duty, or if a decision clarifies what counts as a missing or wrong notice.