Article 33. Proper notice
On administrative procedures (LRU-457-son) · Date: 08.01.2018 · In force
A proper notice in administrative proceedings is considered to be sending a notice by registered mail with a return receipt or handing it against receipt, or a notice using information systems that ensure that the fact of the notice is recorded. The notice time is the moment when the interested person receives the relevant notice.
Interested persons are required to notify the administrative body of a change in their address during administrative proceedings. In the absence of such a message, notifications are sent to the last address known to the administrative body and are considered delivered.
If the persons concerned have provided the administrative body with telephone and fax numbers, e-mail address, they must inform the administrative body of their change during the administrative proceedings in writing or electronically through the information system.
If it is not possible to deliver against receipt to the interested person, the notice may be personally delivered against receipt to one of the adult family members living with him or her, or, in the absence of such, to the self-governing body of citizens or the employer (administration of the educational institution) of the interested person. The person who has accepted the notice is obliged to hand it over to the interested person as soon as possible without delay.
An interested person who refuses to accept a notice shall be deemed to have been duly notified. The refusal is made out by a mark on the notice, which is returned to the administrative body. The note on the refusal of the interested person to accept the notice is certified by the self-government body of citizens or the employer (official of the administration of the educational institution) of the interested person or by the signatures of at least two citizens.
The administrative body bears the burden of proving the fact of proper notification.
