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regulations on which the refusal is based. The refusal notice shall also inform the
applicant of the right of appeal and the time limit for lodging an appeal.
Any person whose request for access has been refused may, within three weeks of
receiving the refusal notice, request further justification for the refusal in which the
main considerations that were decisive for the refusal shall be mentioned. The
administrative agency shall provide such justification in writing at the earliest
opportunity and not later than ten working days after receiving the request.
Section 32
Appeal
Decisions made pursuant to this Act may be appealed to the administrative agency
that is immediately superior to the administrative agency that has made the decision.
However, decisions to provide access may not be appealed. Where the refusal is made
by a municipal or county agency, the County Governor shall be the appellate instance.
The King may make regulations prescribing which body shall be the appellate
instance in respect of decisions made by central government agencies. The King may
also make regulations prescribing which agency shall be the appellate instance in
respect of decisions by legal persons encompassed by section 2 first paragraph (b) to
(d). Where an appeal is lodged against a decision made by a ministry, the ministry
shall inform the appellant that the right to appeal to the Parliamentary Ombudsman
for Public Administration does not apply to decisions made by the King in Council.
If the person who requested access has not received a reply within five working days
after the administrative agency received the request, this shall be regarded as a refusal
which may be appealed against under the first paragraph. However, this does not
apply where the King in Council is the appellate instance. Nor does the rule in the
first sentence apply to cases falling within the scope of section 13 third paragraph or
where the question of declassification must be put before another agency.
An appeal shall be prepared and decided without undue delay. Otherwise, the
provisions of chapter VI of the Public Administration Act shall apply insofar as they
are appropriate.
Decisions of the appellate instance constitute special grounds for enforcement under
the Enforcement Act chapter 13 in regard to municipal and county authorities and
legal persons encompassed by section 2 first paragraph (b) to (d).
Chapter 5 Concluding provisions
Section 33
Commencement and transitional rules
This Act enters into force on the date prescribed by the King. The Act of 19 June
1970 No. 69 relating to public access to documents in the public administration will
be repealed on the same date.
In the case of legal persons coming under section 2 first paragraph (c) or (d) of this
Act, the right of access and the duty to keep a journal only apply to documents which
are received or drawn up by such legal person after this Act came into force.
Any agreement on an exclusive right to information that exists when this Act comes
into force, and which does not satisfy the conditions of section 6 second paragraph,
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