(1) If the objection has not been filed in due time, not in the prescribed form, or otherwise not validly filed, the administrative authority rejects it as being inadmissible. An application for a court decision in accordance with section 62 in respect of the notice is admissible within two weeks of service.
(2) If the objection is admissible, the administrative authority examines whether to uphold or withdraw the regulatory fining notice. For this purpose, it may
1. order or itself undertake further investigations;
2. request statements concerning official observations, examinations and knowledge (section 77a (2)) from authorities and other agencies.
The administrative authority may also afford the person concerned the opportunity to make statements, within a time limit to be determined, on whether he or she wishes to adduce facts and evidence in his or her defence in the further proceedings, and if so, what facts and evidence; he or she is informed in this connection that, by statute, he or she is free to respond to the accusation, or not to make a statement on the matter.
(3) The administrative authority forwards the files via the public prosecution office to the local court if it does not withdraw the regulatory fining notice and does not proceed in accordance with subsection (1) sentence 1; it states the reasons therefor in the files insofar as the factual situation so requires. The decision on an application for inspection of the files, and on granting of same, is taken prior to transmission of the files (section 49 (1) of the present Act and section 147 (1) of the Code of Criminal Procedure).
(4) The functions of the prosecuting authority are assumed by the public prosecution office on receipt of the files by the public prosecution office. The public prosecution office submits the files to the local court judge if it neither discontinues the proceedings nor conducts further investigations.
(5) If the facts of the case have evidently not been sufficiently clarified, the local court judge may refer the matter back to the administrative authority, indicating the reasons and with the consent of the public prosecution office; upon receipt of the files, the administrative authority again has jurisdiction over prosecution and sanctioning. If the local court judge does not, on renewed transmission, see a sufficient suspicion of commission of a regulatory offence, he or she may remit the case back to the administrative authority in a final order. Such ruling is incontestable.