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Part 3 · Administrative Act  ›  Chapter 1 · Coming into Being of the Administrative Act › Section 41

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, an electronic administrative act may be notified by being retrieved by the party or the party's authorised representative over publicly accessible networks. 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. The administrative act is deemed notified on the day after retrieval. Where the administrative act is not retrieved within ten days of the dispatch of a notice of its being made available, this is terminated. In that case notification has not been effected; the possibility of making it available for retrieval again, or of notification in another manner, remains unaffected.
(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 by local public notice. The local public 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 local public 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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