(1) A written or electronic administrative act, as well as a written or electronically confirmed administrative act, must be furnished with a statement of reasons. The statement of reasons must communicate the material factual and legal grounds that moved the authority to its decision. The statement of reasons for discretionary decisions must also disclose the considerations from which the authority proceeded in exercising its discretion.
(2) A statement of reasons is not required 1. insofar as the authority grants an application or follows a declaration, and the administrative act does not interfere with the rights of another; 2. insofar as the person for whom the administrative act is intended, or who is affected by it, is already aware of the authority's view of the facts and the legal position, or can readily recognise it even without a statement of reasons; 3. where the authority issues administrative acts of a like kind in a larger number, or administrative acts with the aid of automatic facilities, and a statement of reasons is not required by the circumstances of the individual case; 4. where this follows from a legal provision; 5. where a general order is publicly notified.
(3) In the cases of subsection (2), nos. 1 to 3, the administrative act must be given a written or electronic statement of reasons where the party to whom the administrative act is notified demands this within one year of notification.
Home› Civil Procedure & Administrative Law› SGB X (English)
Part 1 · Administrative Procedure › Title 1 · Coming into Being of the Administrative Act › Section 35
Statement of reasons for the administrative act
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