Educational Information Only
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APA Section 44 — Internal appeal to the issuing official
Administrative Procedure Act (พระราชบัญญัติวิธีปฏิบัติราชการทางปกครอง) — Section 44.
Plain-English Summary
Where an order was not made by a minister and no law prescribes a specific internal appeal route, the party appeals in writing, stating the grounds, to the official who made the order within fifteen days of being notified of the order. The appeal does not suspend enforcement unless enforcement is suspended under Section 63/2 paragraph 1. The official decides and notifies within thirty days of receiving the appeal; if not agreeing, the official reports to the appeal authority, which decides within thirty days of the report, extendable by up to thirty days on written notice to the appellant (Section 45). The reviewer may review facts, law and appropriateness and may reduce or increase the burden (Section 46). Section 45 does not apply where a specific law provides otherwise. If an order omits the appeal route and time limit, the period restarts when the party is told, or becomes one year from receipt if it was shorter and no new notice is given (Section 40).
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 44 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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