After an information disclosure request, when may the requester file an administrative appeal, and must an objection application be filed first?
General information · Not legal advice
Material to check
For this exercise the papers to read are the information disclosure request and the date it was filed, the public institution's written decision or the absence of one, and the identity of the supervising administrative body where the institution is not a state organ or local government.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading sets out both grounds for filing: an administrative appeal may be filed under the Administrative Appeals Act where the requester dissatisfied with the public institution's decision on information disclosure, or where the period the provision sets has passed since the request without any decision being made, and the appeal goes to the supervising administrative agency, which for a public institution other than a state organ or local government is the head of the relevant central administrative agency or the head of a local government.
Another reading stresses the second paragraph: the requester may file the administrative appeal without first going through the objection application procedure, so the presence or absence of an objection application in the file does not affect whether the appeal is properly filed.
Your judgment
If no decision has arrived, how does the file show the date of the disclosure request that starts the period the provision sets?
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 period or its starting point is amended, or if a court or committee decision clarifies who the supervising administrative agency is for a particular public institution.