How to speed up the proceedings in the office?

Service

The indefinitely prolonged proceedings in the office may not only delay the planned investments of the company, but also contribute to a reduction in profits. It is worth knowing that offices have specific statutory deadlines for considering applications and current affairs. If they are frequently moved, sometimes even without giving specific reasons - the taxpayer has the right to lodge a complaint.

Time limits for considering cases

Public administration bodies, for example offices - with which entrepreneurs deal practically throughout the entire period of running a business - should perform their duties in accordance with the Act of June 14, 1960, Code of Administrative Procedure. The issue of settling cases is devoted to a separate chapter, seventh of the Act, which sets out detailed rules on how to proceed in the office.

According to Art. 35 § 1, public administration bodies are obliged to deal with current affairs without undue delay. This means that cases are considered in a manner that enables the proceedings to be completed as soon as possible and a decision is issued. This applies in particular to cases where it is possible to consider them based on the evidence provided with the request to initiate the procedure. The issuance of the decision may be based on facts and evidence generally available and known to the office or identifiable on the basis of information in its possession.

The act also indicates the exact periods within which cases should be considered if:

  • require explanatory proceedings - no later than within one month from the date of initiation of the proceedings,
  • require an appeal procedure - within one month from the date of receipt of the appeal,
  • are particularly complicated - no later than within two months from the date of initiation of the proceedings.

When determining the above-mentioned periods, it is not necessary to take into account, but the time limits specified in law for the performance of certain activities, periods of suspension of the proceedings, as well as periods of delays caused by the fault of the party or for reasons beyond the control of the authority.

If a public administration body is unable to consider a given case within the statutory deadlines, it is obliged to inform the party about the delay, stating the reasons and indicating a new consideration date. This also applies to situations where the delay is caused by factors beyond the control of the given authority.

When possible complaint - proceedings in the office

In the event that the administration authority has failed to consider in accordance with applicable regulations or the proceedings at the office are carried out excessively, the taxpayer has the right to submit an appropriate complaint. They should be directed to the higher-level bodies listed in Art. 17 above of the Code, and if they do not exist - it will be necessary to submit a summons to remedy the violation of the law.

Art. 17 - Code of Administrative Procedure

"Higher level bodies within the meaning of the code are:

1) in relation to the bodies of local government units - local government boards of appeal, unless specific laws provide otherwise;

2) in relation to voivodes - the ministers competent in the matter;

3) in relation to public administration bodies other than those specified in points 1 and 2 - relevant superior bodies or competent ministers, and in their absence - state bodies supervising their activities;

4) in relation to the bodies of social organizations - the relevant bodies of a higher degree of these organizations, and in their absence - the state body supervising their activities. "

The complaint may be submitted in writing, by telegraph, by facsimile or orally for the record. However, it should contain at least an indication of the person from whom it comes, its address and a specific request. An application submitted in writing or orally for the record should be signed by the applicant, and the report itself by an employee of the office. The taxpayer also has the option of delivering the application in the form of an electronic document via the inbox of a public administration body, which should:

  • be authenticated with a special electronic signature confirmed by a qualified certificate or ePUAP trusted profile (Article 20a (1) of the Act of February 17, 2005 on the computerization of the activities of entities performing public tasks),
  • contain data in a fixed format, included in the application template specified in separate regulations, if these regulations require the submission of applications according to a specific template.

Start a free 30-day trial period with no strings attached!

Consideration of the complaint

It is up to the higher level authority referred to above to consider the complaint. If the request contained therein has been considered appropriate, then another time limit for settling the matter is set. In addition, the administration authority determines the reasons and persons guilty of failure to comply with the obligations arising from the Code, and, if necessary, the necessary measures to prevent violation of the deadlines for settling matters in the future. When considering the complaint, it is also taken into account whether the failure to settle the matter within the statutory time limit took place in gross violation of the law.

Important! An employee of a public administration body who has neglected his duties and contributed to the failure to consider an administrative case on time - is subject to order or disciplinary liability or other liability provided for in the provisions of law (Article 38 of the Code of Administrative Procedure).

Therefore, as you can see, the entrepreneur is not completely deprived of the influence on the duration of the consideration of the case reported by him. If deadlines are constantly postponed or a possible violation of the law by officials has been noticed, the proceedings in the office may be accelerated by submitting an effective complaint. In the event that such an application is rejected, all that remains is to appeal against the operation of the office to the administrative court.