Administrative Orders in the Case of Removal from Office under Ministerial Regulation No. 2 (B.E. 2540) Pursuant to the Administrative Procedure Act, B.E. 2539

Abstract

This article aims to present and analyze the interpretative problems concerning the exception stipulated in item (1), “removal from office,” under Ministerial Regulation No. 2 B.E. 2540, issued pursuant to Section 30 paragraph two (6) of the Administrative Procedure Act B.E. 2539. The regulation provides administrative authorities with the discretion to issue administrative orders without affording the concerned party an opportunity to present evidence or arguments, even when the order may affect their rights. In practice, inconsistency arises: some agencies interpret the regulation literally and omit the procedural safeguards, while others-including certain Administrative Court rulings-recognize the necessity of providing such procedural rights in accordance with the principle of fair hearing. This disparity has led to conflicting judgments by the Supreme Administrative Court. Therefore, this article proposes that the said ministerial regulation be amended to provide clarity and consistency in interpretation and application, ensuring that administrative procedures align with the fundamental principles of due process and legality, and ultimately protect the rights of affected individuals.