Introduction
If the application does not contain the address of the person submitting it and it is not possible to determine that address, the administrative authority shall leave the application unexamined.
If the application also fails to meet other requirements established by law, the administrative authority shall request the applicant to correct the formal deficiencies within a period of no less than 7 days, with the instruction that failure to correct these deficiencies will result in the application being left unexamined.
Leaving the application unexamined means that the application will not be considered by that authority.
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Information on what formal deficiencies are—click the link. |
Provisions
The issue of formal deficiencies in applications is regulated in Chapter 1 (Initiation of Proceedings) of Section II of the Act of June 14, 1960—Code of Administrative Procedure.
Detailed explanation
Situations in which an application is left unexamined
An administrative body leaves an application unexamined if, despite a proper request to correct formal deficiencies in the application (see: Formal Deficiencies), the defect in the application has not been remedied.
An application is left unexamined not only when the formal deficiencies have not been corrected, but also when they have been corrected, yet not in accordance with the requirements specified by the authority in the request.
Only a valid request to remedy formal deficiencies may result in adverse consequences for the applicant.
Consequences
Leaving an application unexamined is a form of terminating the proceedings.
However, this is a procedural act that does not involve the issuance of a separate decision, i.e., a ruling or order; nevertheless, the administrative authority is required to notify the applicant that the application has been left unexamined.
Leaving an application unexamined results in the application not being considered on its merits.
Remedies
A party who disputes the validity of leaving the application unexamined may file a request for expedited action with a higher-level authority (more information: Request for Expedited Action). If there is no higher-level authority, the party may file a request for expedited action with that authority.
After exhausting the appeal procedure, the party may file a complaint against the inaction of the authority that left the application unexamined with the provincial administrative court having jurisdiction over the seat of that authority.
