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Part 1 · Administrative Procedure  ›  Title 1 · Coming into Being of the Administrative Act › Section 37

Notification of the administrative act

(1) An administrative act must be notified to the party for whom it is intended, or who is affected by it. Where an authorised representative has been appointed, notification may be made to that representative.
(2) A written administrative act transmitted domestically by post is deemed notified on the fourth day after posting. An administrative act transmitted electronically, domestically or abroad, is deemed notified on the fourth day after dispatch. This does not apply where the administrative act was not received, or was received at a later point; in case of doubt, the authority must prove the receipt of the administrative act and the point in time of receipt.
(2a) With the consent of the party, electronic administrative acts may be notified by being made available to the party for retrieval over publicly accessible networks. The consent may be revoked at any time with effect for the future. The authority must ensure that retrieval is possible only after authentication of the entitled person, and that the electronic administrative act can be stored by that person. An administrative act made available for retrieval is deemed notified on the fourth day after the dispatch of the electronic notice of the making available of the administrative act to the person entitled to retrieve it. In case of doubt, the authority must prove the receipt of the notice. Where the authority cannot prove receipt of the notice as disputed by the person entitled to retrieve it, the administrative act is deemed notified on the day on which that person retrieved the administrative act. The same applies where the person entitled to retrieve it irrefutably states that he or she did not receive the notice within four days of its dispatch. The possibility of making it available for retrieval again, or of notification in another manner, remains unaffected.
(2b) In matters under Chapter 1 of the Federal Parental Allowance and Parental Leave Act, section 9 of the Online Access Act applies, in derogation from subsection (2a), to the notification of electronic administrative acts.
(3) An administrative act may be publicly notified where this is permitted by legal provision. A general order may also be publicly notified where notification to the parties is impracticable.
(4) Public notification of a written or electronic administrative act is effected by its operative part being made known in the manner respectively prescribed, either by local public notice or in the manner otherwise prescribed for official publications. The notice must state where the administrative act and its statement of reasons may be inspected. The administrative act is deemed notified two weeks after the notice. In a general order, a different day may be determined, though at the earliest the day following the notice.
(5) Provisions on the notification of an administrative act by way of service remain unaffected.

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