(1) The authority must permit the parties to inspect the files relating to the procedure, insofar as knowledge of them is required to assert or defend their legal interests. The first sentence does not apply, until the conclusion of the administrative procedure, to drafts of decisions and the work done in their direct preparation.
(2) Insofar as the files contain particulars of a party's state of health, the authority may instead have the content of the files communicated to the party through a physician. It should have the content of the files communicated through a physician insofar as it is to be feared that inspection of the files would cause the party disproportionate disadvantage, in particular to his or her health. Insofar as the files contain particulars that may impair the development and unfolding of the party's personality, the first and second sentences apply correspondingly with the proviso that the content of the files may also be communicated through an official of the authority who is suited and qualified for this by training and by life and professional experience. The right under subsection (1) is not restricted.
(3) The authority is not obliged to permit inspection of the files insofar as the matters must be kept secret because of the legitimate interests of the parties or of third persons.
(4) Inspection of the files takes place at the authority that keeps the files. In the individual case, inspection may also take place at another authority, or at a diplomatic or consular representation of the Federal Republic of Germany abroad; the authority that keeps the files may permit further exceptions.
(5) Insofar as inspection of the files is to be permitted, the parties may themselves make extracts or copies, or have photocopies made available by the authority. Insofar as inspection is to be permitted into an electronic file, the authority may grant inspection of the files by printing out documents wholly or in part, reproducing electronic documents on a screen, making electronic documents available, or permitting electronic access to the content of the file. The authority may demand reasonable reimbursement of its outlays.
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Part 1 · Administrative Procedure › Title 1 · Principles of Procedure › Section 25
Inspection of files by parties
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