The problem of issuing administrative orders of local officials: The case for revocation of the order under the Public Health Act B.E. 2535

Abstract

This study investigates the problem of issuing administrative orders of local officials, to help clear the problem and to guide those involved with the development of the administrative order under the Public Health Act B.E. 2535.  Documentary research was employed by analysis of the documents during the past 3 years, between fiscal year 2014 – 2017.  A total of 417 appeals was analyzed and 373 cases were not successful for appeal. In fiscal year of 2016, the appeal cases were highest with 216 cases, or 97.74% and 44 appeal cases were revoked. Most of the revocations were issued by the Bangkok Metropolitan 20 cases, or 45.45%, followed by administrative orders issued by the local administration 11 cases, or 25 percent, 9 cases were issued by district municipalities, accounted for 20.45 percent, for businesses that are harmful to health, which were mostly revoked were 20 cases regarding vehicles, machinery, or mechanicals, accounted for 45.45%, followed by pet-related businesses, which accounted for 6 cases or 13.64%ม and service industry accounted for four cases or 9.09 percent.  Categories of administrative orders which were mostly revoked, were amended or corrected orders, which accounted for 29 cases or 65.91 percent. The reasons for the revocation of administrative order the most were legality issue which accounted for 19 cases including incorrect citation / interpretation, or no legal indication accounted for 11 cases and 8 orders were over the limit order, and factual issues accounted for 7 cases including no factual evidence accounted for 6 cases and 1 insufficient evident.

This study has following recommendations: 1. The officials who issue administrative order must have knowledge and understanding of the law correctly.  Officials must investigate all facts completely for considerations of issuing orders.  2.  Officials must have a good and proper discretion, including good standard of moral, ethics, and good governance. 3. An appeal process that has a long overdue period may have impact on practicality of officials who issue the orders and officials who have to implement the orders.  Process should be analyzed together to find out what cause the delay be / through process analysis, which would lead to working process development to achieve the expected results.