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APA Section 13 — Competence and disqualification of officials
Administrative Procedure Act (พระราชบัญญัติวิธีปฏิบัติราชการทางปกครอง) — Section 13.
Plain-English Summary
An order must be made by an official with authority in the matter (Section 12). Under Section 13, an official may not conduct an administrative proceeding if they are a party; the fiance(e) or spouse of a party; a relative of a party (ascendant or descendant of any degree, sibling or cousin within three degrees, or relative by marriage within two degrees); a current or former legal representative, guardian, representative or agent of a party; or a creditor, debtor or employer of a party. The official must stop and inform their superior (Section 14), and other serious grounds that could make the proceeding partial also disqualify (Section 16). Section 18 disapplies Sections 13 to 16 in urgent cases where delay would harm the public interest, or would harm a person's rights irreparably (โดยไม่มีทางแก้ไขได้), or where no other official can act in place of the disqualified one.
Official Text
Official Thai text at the Royal Gazette / Office of the Council of State. Translation summary only.
Consult official sourceParent Statute
Administrative Procedure Act
พระราชบัญญัติวิธีปฏิบัติราชการทางปกครอง · B.E. 2539 (1996)
The Administrative Procedure Act B.E. 2539 (1996) sets minimum procedural standards for Thai administrative decision-making. It establishes the right to be heard before an adverse order, the duty to give reasons, notification of orders, internal appeal, revocation of orders and, since Act (No. 3) B.E. 2562 (2019), administrative enforcement. Combined with the Administrative Court Act, it provides the framework for administrative due process.
The summary above is a plain-English educational paraphrase of Section 13 of the Administrative Procedure Act. It is not an authoritative translation. For the binding Thai text, consult the Royal Gazette or the Office of the Council of State. Educational use only — not a substitute for advice from a Thai-qualified lawyer.
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