Cabinet of Ministers Regulations No. 154 in Riga on 13 June 1995 (No. 32, 33) administrative rules of procedure Issued in accordance with the law "on 1 April 1925 the law the cabinet installation" restore "article 14 (3) (I). General questions 1. These provisions are established by public law-administrative law process: issue, validity and authority for appeal.
2. These rules are applicable in all cases, the regulatory process if laws or other cabinet regulations stipulate otherwise. Management of administrative offences in cases determined by the Latvian Code of administrative offences.
  II. terms used in the rules 3. Public law is State and local, as well as by law or legally establish legal persons, except those created as private law legal persons.
4. the authority is a public body or organ that has competence of staff and material resources. The meaning of these provisions may act in the name of the institution and individual officials.
5. the administrative act is the law that public law issued by and relating to personal legal or natural person, by establishing, amending or terminating a specific finding of legal relations. Administrative provisions do not have the internal decision of the authority, with the exception of the authority or its employees, or its subordinate legal status of persons in the establishment (or Exchange) and disciplinary punishment. Administrative provisions are also not political decisions.
6. the administrative process is over for the case of the initiation of the administrative procedure and the moment when the administrative act becomes the undisputed.
7. The rule of law is a law that applies to an abstract entity and who generally govern legal relations.
8. General rules is rules that bind all (Constitution, laws, Cabinet of Ministers regulations and local regulations).
9. internal rules (instructions, recommendations and the like) are the norm, binding only to the public law by which it was issued, as well as its institutions, departments and their employees.
  III. General Law 10. Issuing and applying administrative, review the following General Latvian hierarchy of norms, taking into account their legal force: 10.1 the Constitution;
10.2. laws, Cabinet of Ministers regulations with the force of law;
10.3. the Cabinet of Ministers regulations;
10.4. local authority regulations.
11. If the authority finds the contradiction between the legal force of ordinary law, the authority should apply the rate for which it is the highest legal force.
12. If the authority finds contradiction between general provisions and special provisions, the authority of the General rules should apply, in so far as it does not prejudice the special rules.
13. If the authority finds contradiction between equal legal force ordinary law, the authority should apply the most recent provisions.
14. If the authority should apply the law and what it reasonably doubts whether it is applicable in accordance with any higher legal force of the General rules, the authority immediately in writing the report reasoned it shall inform his immediate superior and the Justice Ministry. This uncertainty does not give authority to refuse the application of the provisions of the law.
15. Issuing and applying administrative provisions must also comply with the General principles of international law and international agreements binding for Latvia and other documents of international law.
  IV. Internal rules 16. Issuing regulations, the authority should comply with its binding internal law.
17. If the authority finds a contradiction between two internal law, it must apply the rule, issued by the next higher authority.
18. If the authority finds contradiction between equal legal force of internal law, the authority should apply the most recent provisions.
19. If the authority to apply any internal rules and it reasonably doubts whether it is applicable in accordance with any higher legal force of internal law, the authority immediately in writing the report reasoned it shall inform his immediate superior and the authority that issued these rules. This uncertainty does not give authority to refuse the application of the provisions of the law.
20. If the authority to apply any internal rules and it reasonably doubts whether it is applicable under the general law, the authority immediately in writing the report reasoned it shall inform his immediate superior and the authority that issued these rules. After the message body the rules shall not apply until the authority which has issued the orders again in the future to apply these rules. The order remains in effect and will be performed only if it also contains grounds for doubt, the law is compatible with the General rules of law.
  V. rules of translation 21. Translating (interpretation) of the rules of law, the authority uses a different translation methods, such as: 21.1. literal (philological) translation method — clarifying provisions word meaning from the language point of view;
21.2. the historical method of interpretation, clarifying rules make sense, given the circumstances which were the basis for the rules of law;
21.3. the systematic method of translation — figuring out the meaning of the provisions of the rules of law in respect of mutual interest;
21.4. the teleoloģisk (meaning and purpose) translation method: clarifying the meaning of the provisions of the law to the relevant provisions to achieve appropriate and fair goal.
22. If the authority of the law finds gaps in the system, so it can prevent similar techniques — systematically analyzing the way similar cases, legal regulation and the analysis of established legal principles apply also to the specific case. However, the institution may not be with the analogy to justify an administrative action that affects the general human or civil rights.
23. If the translation of legal rules corresponding to the various methods to achieve outcomes that are in accordance with the laws in force and the results of the system that is in conflict with any of the provisions of law, the authority should apply the translation method that results in a specific case in accordance with the laws in force.
24. If the translation of legal rules corresponding to the various methods may achieve different results, all of which conform to the rules in force in the system, it must be applied to the translation mai method that a particular case may reach appropriate and equitable result.
25. If the Constitutional Court in which the judgment is published in the relevant provisions of the translated, the authority should apply the same translation.
26. If a higher authority has issued an instruction on the relevant legal provisions, the authority should apply the same translation.
  Vi. administrative acts issued by the authorities of the grounds and the territorial jurisdiction 27. the authority issued the administrative act can be justified solely by reference to the Constitution, laws, Cabinet of Ministers regulations or municipal rules binding, as well as the rules referred to in point 15 of international law. Reference should indicate the legal provisions article or paragraph. The authority may not be able to justify the administrative acts, referring to one of the internal rules.
28. the administrative act issued in the jurisdiction where the special law does not provide otherwise. Administrative proceedings shall have jurisdiction of the authority, the area which is the place of residence of the person or the legal person of the location to which the administrative act.
29. Real Estate has jurisdiction of the case to the authority within the area which is in real estate.
30. in urgent cases the administrative act may be issued by the authority which has occurred in the area need to be issued. Authority shall immediately notify the authority that has jurisdiction over. The authority, which has jurisdiction over, may be authorised by the relevant authority, which because of the urgency of the case is started before this thing continue.
31. If you have jurisdiction over institutions, dealing with the Affairs of the authority that first launched them.
  VII. Jurisdiction of hierarchically organized 32. institutions below have jurisdiction, if the rules do not stipulate otherwise.
33. If the administrative process changes, as well as jurisdiction in cases where it is found that the case is not the jurisdiction of the authority that deals with that, the case should be transferred to the authority to which it has jurisdiction. With the consent of members of the regulatory process of the case may remain in the jurisdiction of the previous authorities.
  VIII. Assistance to the authority in the management process 34. any authority of the irrespective of its departments are obliged to provide assistance to the Government in the process of its authority with jurisdiction for the case where: 34.1. the authority that has jurisdiction over the case, unable to carry out the operation legal basis;
21.3. the authority that has jurisdiction over the case, the decision requires information that is another authority and it cannot be obtained.
35. the authority of these provisions referred to in paragraph 34 of the assistance provided, if not: 21.8. forbid legal provisions;
35.2. it infringes on national security interests;

35.3. the relevant information contains particulars of such person under the ordinary law may not be disclosed without the person's consent.
36. in paragraph 34 of these rules in these cases the authority to provide assistance in such a way as possible, to national security and the interests of third parties are not infringed.
37. the authority of these provisions referred to in paragraph 34 of the assistance may not be provided if it considers that the authority can do with significantly less resource consumption, or are sure that resource consumption will exceed the relevant authorities the need for assistance for the purposes of the operations carried out.
38. The authority must justify the refusal of assistance in writing and it may challenge the common higher authority.
39. On the order of the remuneration is ignored, except in the cases provided for in law.
  IX. Regulatory process and restrictions on the regulatory process represented 40. Members can be: 24.9. the applicant (the person who draws the authority with the application);
40.2. the Authority (legal person or officer handling the case jurisdiction it);
the recipient administration 25.0. (the person to whom the administrative act applies);
25.1. the person whose legal interests may restrict the administrative act.
41. the members of the regulatory process the regulatory process can participate with representatives.
42. Given the regulatory process may not represent the institution: 42.1. actors of Government (24.9. these provisions, and 40.4 40.3) and their spouses, relatives, guardians and brought under the civil code, article 206.218;
26.2. the persons who have a specific administrative regulatory process participant's authorised agents, and their spouses and relatives in accordance with the civil code, article 206.214;
26.3. persons who work in return for remuneration under a specific administrative procedure participants;
26.3. the person whose particular case outside of your work (job) responsibilities within their institution have developed expertise or otherwise been associated with this case.
X. management process and initiating the regulatory process based in 43. contains the following stages: initiation of the regulatory process 43.1.;
43.2. fact finding;
43.3. the administrative act;
43.4. administrative act notification.
44. the initiation of the process of Government is: 44.1. applications;
44.2. the institutions initiative;
27.5. higher order of the authority or other authorities.
45. Submission of content (or its name) may also have a complaint or a proposal.
46. The authority that has jurisdiction over the case, the applicant's application should be accepted and must be recorded even if it considers that the application is not properly completed or not justified.  
XI. the administration of the authority initiating the process of the initiative 47. the authority that has jurisdiction over the case, on its own initiative, propose to the regulatory process if it becomes aware of the facts on the basis of which, in accordance with the law must be issued or may be issued the administrative act, as well as if it has reason to believe that such facts could be.
48. If the case is not the authority with jurisdiction, which have become known to the relevant facts, but lower body, upper body gives it order to propose the regulatory process. The authority, which has become known in the relevant management process information, notify the authority that has jurisdiction over.  
XII. Fact finding and getting the facts, limitations of governance process 49. After initiation of the authority finds necessary for the adoption of the decision.
50. Finding and collecting the facts, the institution may use all legal methods, also get them from process participants, witnesses, experts, as well as with the document, Act, inspections and other forms of assistance under the law of evidence.
51. The institution may collect relevant facts which the applicable law is not addressed. These facts may not add to the case. It does not apply to the facts, which cannot be separated from the decision need facts.
52. the authority must collect and process of Government use facts obtained illegally.
53. Information on the private lives of the parties that the institution become known regulatory process, without their permission, it may not be disclosed.
  XIII. The right to see the file 54. The applicant has the right to get acquainted with the case and the circumstances of the case at any stage of the regulatory process.
55. the right of access to the file and the circumstances of the case do not cover administrative act and in case the tags, which are directly associated with this project.
  XIV. The decision on the termination of the proceedings or the adoption of 56. continuing After all the necessary fact finding and hearing the parties the authority shall consider the circumstances of the case and decide on: 56.1. termination due to lack of facts;
56.2. termination due to the fact that the issue of the administrative act is not appropriate;
56.3. the administrative act.
57. On the termination of the authority must notify the applicant and only those players who have been invited and have expressed their views.
58. where the regulatory process is proposed on the basis of the application, a decision has to be taken: 58.1. fifteen days if do not need the additional inspection;
58.2. thirty days, if you need additional information or verification.
59. If the objective reasons for fifteen or thirty-day time limit cannot be met, it may be extended for a period not exceeding six months from the date of submission of the application, and the applicant shall be notified of it.
XV. The circumstances of the case and the issue of the administrative act, evaluation of the utility of 60. If, after assessing the circumstances of the case, the authority concluded that the rules may be determined by the relevant administrative authority, this Act must be issued.
61. If the rules allow the authority to decide whether the administrative act to issue, or not, the Authority considered the issue of administrative efficiency and manage it based on efficiency considerations. If the authority decides that it is not appropriate that closes the case.
62. In considering the issue of the administrative act and contains the usefulness of the authority shall decide whether the administrative act: 62.1. the need to achieve a goal or improve a particular situation;
62.2. conformity with the objective and the possibilities for achieving this goal using means that less restrict management process of the legal interests of members;
38.7. proportionality of possible loss, given that the relevant individual legal interests is justified only under considerable national and public interest.
XVI. administrative law and administrative law components in 63. is issued in writing, except that rule 66 and 67. as provided in Punta, and has the following components: 39.2. destination name;
39.3. the recipient impose legal obligation (certain or specific action to ban) or assigned, approved or rejected;
63.3. reference to legal provisions apply;
63.4. administrative act grounds. If the law determines for specific content issues, the administrative law of justification can only be specified in the rules. If the law does not define the specific content the administrative act was issued and it hurt the interests of recipients should be based on the administrative utility (the need, relevance and proportionality), but if it is rejected, the application must be reasoned basis;
63.5. indication, where and what time period this administrative act may be challenged or appealed.
64. the Restrictive conditions, deadlines, requirements, tasks, reservations (including the cancellation of a reservation), the administrative act can be added only if: it allows General 64.1. the rule of law;
64.2. the administrative act without it cannot be marketed;
64.3. the authority is entitled to decide on the issue of the administrative act or failure.
65. the Restrictive conditions should not be in contradiction with the administrative act of meaning and purpose.
66. in urgent cases the administrative act may be issued without regard to the rules referred to in paragraph 63 claims, as well as orally. Urgent considered only the case when any delay will seriously undermine public peace and security or a person's life, health or property.
67. If the administrative act has not been issued in writing, the recipient has the right within one month of receiving the request in writing. It must be issued in writing to the authority within one month after the receipt of the request. If the administrative act until the request has already lapsed, the authority should be granted only if the recipient it is necessary a management process for the protection of the rights, claiming damages, honour crimes, as well as to prevent the recurrence of similar cases.  
XVII. the administrative act comes into force and the disputed 68. If the general law or administrative law itself provides otherwise, an administrative act shall enter into force at the moment when it becomes known to the recipient. The way it is communicated to the recipient (in writing, orally or otherwise), shall not affect the entry into force.

69. If the administrative act issued in writing sent by registered mail by post, it is thought that it has become known to the recipient of the seventh day of service at the post office. In the event of a dispute, the authority must demonstrate when it is put in the mail. If the recipient claims that he post the administrative act has not been received, it must be demonstrated.
70. Administrative Act shall remain in force until it is cancelled or filled, or until it can no longer be executed due to the actual or legal change of circumstances.
71. If the recipient and the applicant are one and the same person, the administrative act shall also be notified to the applicant.
72. the administrative act invalid if: 72.1. it is not clear that it has issued;
72.2. it is published by the authority to which the case had no jurisdiction, and there is no indication that the relevant authority is empowered to issue these instruments;
72.3. It invites the recipient to make infringement of rules of law.
73. the administrative act comes into effect, but it can be a challenge if: 73.1. administrative process to issue it has complied with these rules or any other rules of law which shall be determined by the administrative act of extradition proceedings;
73.2. this content is contrary to the law, as well as if the authority has not correctly applied the legislation has not adhered to the hierarchy of rules of law or error in the efficiency of the observations;
73.3. don't understand the legal obligations imposed on the recipient (or certain specific prohibitions of conduct) or assigned, approved or rejected.
74. the recipient of the administrative acts may be challenged next highest authority. Rules can be set also in other body in which the relevant administrative act may be challenged.
75. the administrative act may be challenged, the person who is not the addressee of the administrative act, but where the legal interests of the relevant administrative act limiting. 76. A person whose legal interests limited the relevant administrative act may be challenged administrative act within one month after the date on which the person became aware of it, but the later-within one year of the entry into force of the administrative act.
77. the application of the administrative challenge of the Act must be submitted in writing or orally to the authority which issued the administrative act, or the authority which decides on the contested administrative act. If the application has the authority orally, it shall be recorded. The minutes must be signed by the applicant. 
78. The application must include a reference to any administrative act is contested. The grounds for the contestation of the indication in the application is optional.
79. the authority, which shall examine the application for the contested administrative act again on the merits of the case or the part of the case, subject to the applicant's objections.
80. The rules referred to in paragraph 79 of the authority may, by decision, the contested administrative act to approve or cancel, or instead to issue administrative acts for other content. 
81. If the application of the administrative act contested is added to the grounds of contestation, the grounds for the decision must also contain additional arguments in respect of the applicant's reasoning.
XVIII. Administrative Act Repeal Act 82. Administrative waiver is permissible only with a new administrative act. On the abolition of the administrative acts may be regarded as not spelling or correct errors on invoices. 
83. the legal provisions that restrict the recipient's interest, the authority may cancel at any time, except when it, in accordance with the provisions of the same content administrative act should be issued immediately. 
84. the interests of the recipient favorable legal administrative authority may cancel only if: 84.1. law allows its cancellation and cancellation of this administrative act is defined;
52.3. administrative act has been issued with a condition and the condition is not met or are not properly or timely executed;
84.3. things have changed the factual or legal circumstances under which the authority is not entitled to issue such an administrative act, the administrative law and stay in effect significantly affected the national or public interest. 
85. This provision and 84.3. section 52.3. in the cases provided for in the administrative act can be canceled within three months after the date on which the Authority became aware of the cancellation of opportunity, but not later than one year after its entry into force.
86. The unlawful administrative act, which restricts the recipient's interest, the authority may cancel at any time. 
87. the interests of Recipients of unlawful administrative act favourable to the authority may cancel if: 87.1. the recipient has obtained the administrative act with knowingly making false declarations, bribery, fraud, or threats. In this case, the administrative act is to be repealed with retroactive effect and obtain a retroactive effect. The recipient must reimburse the public body to which the institution belongs, all he basis of this administrative act, has obtained from the relevant authorities.
87.2. the recipient has not yet used its right that this administrative act confirms or grants. 
88. the interests of Recipients of unlawful administrative act favourable (if the recipient on the basis of this administrative act has received money or other means and are already used or if he intends to spend accordingly and therefore made the binding operations (disponēj), the consequences of which could not be withdrawn without large losses), the authority may cancel the only significant national or public interest. In this case, the administrative act can be repealed with retroactive effect and may not have retroactive effect. 
89. in other cases, the abolition of the administrative acts (including this provision 88. in the cases referred to in point) is permissible within three months from the moment the body learns about the cancellation of opportunity, but not later than one year after its entry into force.
XIX. the administrative proceedings act again in the 90 's. If the administrative act has become the undisputed, the same case law of the administrative process can start again only if: 90.1. things have changed circumstances;
90.2. the legal background of the case changed in favour of the recipient;
90.3. has been a new evidence based on which the recipient may accept a more favourable decision. 
91. the administrative process can start again only if the Member was not at fault, that if the original administrative process, the opposition and the appeal stage, including himself, could not achieve a more favourable decision.
92. The application for administrative proceedings can be filed again within six months after the date on which the applicant learned of the facts, giving him the right to do so. 
93. To initiate administrative process again is entitled to use the authority that the new process has the jurisdiction at the time of initiation, regardless of which authority has issued the administrative act the original regulatory process.
XX. transition issues 94. Regulations shall enter into force by 1 September 1995.
Prime Minister m. cock national reform Minister V.A. steel