REPUBLIC OF LITHUANIA LAW ON PUBLIC ADMINISTRATION 17 June 1999 No VII

REPUBLIC OF LITHUANIA LAW ON PUBLIC ADMINISTRATION 17 June 1999 No VIII-1234 Vilnius (As last amended on 21 December 2009 – No XI-593) CHAPTER I GENERAL PROVISIONS Article

Purpose of the Law This Law shall create the preconditions for the implementation of the provision of the Constitution of the Republic of Lithuania stipulating that all the state institutions shall serve the people; shall establish the principles of public administration, the spheres of public administration, the system of entities of public administration and the basics of organising administrative procedures; shall guarantee the right of persons to appeal against the acts or omissions or administrative decisions of entities of public administration as well as the right to statutory and impartial consideration of applications, complaints and statements submitted by persons. Article
Definitions
Public administration shall mean activities of entities of public administration regulated by laws and other legal acts, which are intended for the implementation of laws and other legal acts: Adoption of administrative decisions, control of the implementation of laws and administrative decisions, provision of administrative services established by laws, administration of the provision of public services and internal administration of an entity of public administration.
Administrative regulation shall mean activities of an entity of public administration comprising the adoption of administrative regulations for the implementation of laws and other legal acts.
Internal administration shall mean an activity aimed at ensuring independent functioning of an entity of public administration (structure arrangement, management of documents, personnel, available material and financial resources) so that it could engage in public administration.
Entity of public administration shall mean an institution, agency, official, civil servant, any other natural or legal person authorised in accordance with the procedure laid down by this Law to engage in public administration.
Institution of public administration shall mean a collegial or one-man entity of public administration authorised in accordance with the procedure laid down by this Law to adopt administrative regulations.
Agency of public administration shall mean a state or municipal budgetary agency authorised in accordance with the procedure laid down by this Law to engage in public administration.
Official shall mean a state politician, civil servant or any other person performing the functions of public administration and authorised under laws to give mandatory instructions stipulated in legal acts to persons who are not subordinate to him.
Administrative act shall mean a legal act of the established form passed by an entity of public administration.
Individual administrative act shall mean an act of single application of law intended for a specific person or a specified group of persons.
Administrative regulations shall mean legal acts establishing the rules of conduct and intended for an individual and unspecified group of persons.
Administrative decision shall mean an administrative act or any other document of the established form adopted in accordance with the established procedure where the will of an entity of public administration is expressed.
Decision on the administrative procedure shall mean an administrative decision the adoption of which means the completion of the administrative procedure.
Person shall mean a natural person or a group of natural persons, a legal person or an entity without the rights of a legal person (a commission, general meeting of members, permanent session).
Application shall mean a person’s application not related to a violation of the person’s rights or lawful interests to an entity of public administration requesting to adopt an administrative decision or perform other actions stipulated in legal acts.
Complaint shall mean a person’s written application to an entity of public administration where it is indicated that his rights or lawful interests have been violated and it is requested to defend them.
Notification shall mean a person’s written application to an entity of public administration where it is indicated that the rights or lawful interests of another person have been violated and it is requested to defend them.
Administrative service shall mean activities of an entity of public administration when issuing to persons authorisations (licences) that confirm respective legal facts, when submitting information required by laws and when performing administrative procedure.
Public service shall mean activities of legal persons controlled by the State or municipalities when providing social services for persons, as well as services in the spheres of education, science, culture, sports and other services provided for by laws. Other persons may also provide public services in the cases and in the manner provided for by laws.
Arrangement for the provision of public services shall mean the provision, within the set time limits and in accordance with the established procedure, of paid or free-of-charge public services prescribed by legal acts.
Administration of the provision of public services shall mean activities of entities of public administration when laying down the rules and arrangement for the provision of public services, setting up public establishments or issuing authorisations for the provision of public services to other persons as well as supervision and control of the provision of public services.
Institutional assistance shall mean activities of an entity of public administration when providing information and other assistance to another entity of public administration at the request of this entity. Article
Principles of Public Administration Activities of entities of public administration shall be based on the following principles: 1) the supremacy of law. This principle means that that the powers of entities of public administration to engage in public administration must be stipulated in legal acts, and their activities must comply with the legal principles laid down in this Law. Administrative acts related to the implementation of rights and duties of persons must in all cases be based on laws; 2) objectivity. This principle means that the adoption of an administrative decision and other official actions of an entity of public administration must be unbiased and objective; 3) proportionality. This principle means that the scope and the implementation measures of an administrative decision must conform to the necessary and reasonable goals of administration; 4) absence of abuse of power. This principle means that entities of public administration shall be prohibited from performing the functions of public administration without the powers of public administration granted in accordance with the procedure laid down by this Law or from taking administrative decisions seeking to attain purposes other than those prescribed by laws or other regulations; 5) institutional cooperation. This principle means that entities of public administration when drafting administrative decisions shall, where necessary, provide each other with the required information and other assistance; 6) efficiency. This principle means that an entity of public administration when adopting and implementing the decisions shall ensure economical use of the resources allocated to him and shall seek the results at minimum costs; 7) subsidiarity. This principle means that the decisions of entities of public administration must be adopted and implemented at the most efficient level of public administration system; 8) “one-desk”. This principle means that a person shall receive information, submit an application, a complaint or a notification and receive an answer to them at one workplace. An entity of public administration who is considering an application, a complaint or a notification and adopting an administrative decision shall consider the application, complaint or notification and shall receive information from its administrative units, subordinate entities and, where necessary, from other entities of public administration, and shall not impose such obligation on a person who has submitted the application, complaint or notification. CHAPTER II PUBLIC ADMINISTRATION Article
System of Entities of Public Administration
The system of entities of public administration shall mean entities of public administration which are related to each other by subordination and coordination relations and have been granted the powers in accordance with the procedure laid down by this Law to engage in public administration.
The system of entities of public administration shall consist of entities of state administration, entities of municipal administration and other entities of public administration.
Entities of state administration shall mean entities of public administration acting as state institutions or agencies, their officials or civil servants.
There are the following entities of state administration: 1) central – entities of state administration whose territory of activity is the whole territory of the State; 2) territorial – entities of state administration whose territory of activity is the established area of the territory of the State.
Entities of municipal administration shall mean entities of public administration acting as municipal institutions or agencies, their officials or civil servants.
Other entities of public administration shall mean natural and legal persons (public establishments, state enterprises, non-governmental organisations, associations) authorised in accordance with the procedure laid down by this Law to engage in public administration. Article
Granting of Powers of Public Administration
Institutions, agencies, officials, civil servants, other natural and legal persons may be granted the powers of public administration by the following documents: 1) laws, a legal act of the European Union which is directly applied, an international agreement ratified by the Republic of Lithuania, where such a legal act specifies a concrete entity which is functioning or is planned to be set up (where necessary, its name, designation, legal form, liaisons with other entities of public administration, etc.) and defines the concrete powers of public administration for this entity; 2) a legal act adopted by an state or municipal institution authorised by laws where this institution, acting in compliance with the law regulating a general procedure of setting up of entities of public administration of a certain field of public life as well as their activities, indicates in the said legal act an entity which is functioning or is planned to be set up (where necessary, its name, designation, legal form, liaisons with other entities of public administration, etc.) and defines the concrete powers of public administration for this entity; 3) a resolution of the Government adopted in pursuance of a directly applicable legal act of the European Union, an international agreement ratified by the Republic of Lithuania defining the scope, principles or general rules of rendering of financial assistance of the European Union or individual states to Lithuania, and in compliance with the provisions of paragraph 2 of this Article.
The powers of public administration shall, in compliance with the provisions of subparagraph 3 of paragraph 1 of this Article, be granted to entities until 1 January
From 1 January 2010 such powers of public administration shall be granted to entities in compliance with subparagraphs 1 and 2 of paragraph 1 of this Article. Article
Main Spheres of Public Administration The main spheres of public administration shall be as follows: 1) administrative regulation; 2) control of the implementation of laws and administrative decisions (control of subordinate entities, supervision of non-subordinate entities); 3) provision of administrative services; 4) administration of the provision of public services; 5) internal administration of an entity of public administration. Article
Administrative Regulation
Only entities of public administration shall have the right to adopt administrative acts required for the implementation of laws and other legal acts.
Only the institutions of public administration shall have the right to adopt administrative regulations.
Entities of public administration possessing the powers of public administration granted to them in accordance with the procedure laid down by this Law, shall have the right to adopt individual administrative acts.
Only laws and legal acts adopted on the basis thereof shall set mandatory requirements for persons. Article
Obligation to Seek Counsel on Issues of Administrative Regulation
Entities of public administration must consult about administrative decisions related to general legitimate public interests with organisations representing public interests in a particular field (associations, trade unions, public organisations and representatives of other NGOs) and in cases provided for by laws - also with residents or the groups thereof.
The methods of consultation (meetings of the interested persons, polls, publicly announced meetings, initiation of representatives, and other ways of finding out the opinions) shall be chosen by an entity of public administration at its own discretion, unless the law provides otherwise.
Information about a method of consultation, its participants and results must be announced in the webpage of an entity of public administration that has prepared a draft administrative decision. Article
General Requirements for an Individual Administrative Act
An individual administrative act must be based on objective data (facts) and the norms of legal acts, and the sanctions applied must be reasoned.
An individual administrative act must contain clearly formulated established or granted rights and duties, and specify the appeal procedure.
An individual administrative act must be signed by an official or civil servant who has adopted it, or by the head of an entity of public administration, his deputy or an authorised person and must be confirmed with the seal. Article
Supervision and Control of the Implementation of Administrative Acts
The implementation of administrative acts must be supervised or controlled.
An entity subject to supervision or control and the form thereof shall be set by an entity of public administration that has passed an administrative act. It could be an entity of public administration that has passed the administrative act or any other entity of public administration authorised by it or accountable to it. Article
Supervision of Activities of Business Entities
The supervision of activities of legal and natural persons who operate a business (hereinafter referred to as “business entities”) shall be activities of entities of public administration, authorised in accordance with the procedure laid down by this Law to carry out the actions specified in paragraph 2 of this Article, intended to control whether business entities comply with the requirements laid down in laws and other legal acts, whether they carry out these requirements adequately, as well as intended to implement the measures decreasing a number of possible violations.
Supervision of activities of business entities shall comprise the following: 1) inspections of activities of business entities; 2) evaluation of information received in accordance with the procedure laid down by legal acts about activities of business entities; 3) carrying-out of preventive actions, intended to preclude possible violations of the law, and application of sanctions in respect of business entities in accordance with the procedure laid down by laws and other legal acts adopted on the basis thereof.
Activities of entities supervising business, related to the supervision of activities of business entities, must be carried out only in compliance with the powers granted in accordance with the procedure laid down by this Law to the entities supervising business, adhering to this Law and other laws as well as legal acts adopted on the basis thereof, which regulate the supervision of activities of business entities. This activity must be planned and must make the smallest possible hindrance to the activities of business entities.
Inspections of activities of business entities may be routine and non-routine.
The routine inspection of activities of business entities shall be carried out pursuant to a plan approved by the head of an entity supervising business or a person authorised by him. The said plan may be adjusted by the decision of the head. Business entities subject to inspection shall be selected pursuant to the rules for selection of the supervision of activities of business entities approved by the head of entity supervising business; the periodicity of inspections must be justified.
The non-routine inspection of business entities shall be carried out on the initiative of an entity supervising business, if the head of the entity supervising business or a person authorised by him adopts a decision to carry out this inspection. The non-routine inspection of activities of a business entity may be carried out: 1) in the event of occurrence of the circumstances which could not be predicted when approving a plan of inspections of activities of business entities; 2) upon the receipt of a request or instruction of any other competent entity of public administration to carry out an inspection of a business entity; 3) in the case of the availability of information about activities of a business entity which may conflict with legal acts or may not meet the requirements of legal acts; 4) when seeking to ensure the elimination of the violations of legal acts which were identified during the previous inspection of activities of a business entity and when seeking to ensure the implementation of the adopted decisions; 5) in the case of a joint inspection with other state agencies and institutions; 6) in the case of an operational inspection which is carried out in accordance with the procedure laid down by an entity of public administration in the event of a suspicion of violation of legal acts the implementation of which falls within the responsibility of the entity of public administration.
When commencing a routine inspection of activities of a business entity, an entity supervising business must, with at least ten days remaining before such an inspection, inform the business entity about an adopted decision to carry out an inspection, specify the grounds for, duration and subject matter of the inspection to be carried out, and submit a list of preliminary documents which must be produced by the business entity to the entity supervising business. An entity supervising business shall enjoy the right to commence an inspection of activities of a business entity without a notification about an adopted decision to carry out an inspection in the cases where there is a risk that the business entity may conceal or destroy the documents, other evidences necessary for carrying out an inspection.
A business entity shall enjoy the right not to submit documents to an entity supervising business if during a current financial year he submitted such documents at least to one entity supervising business. When refusing to produce the documents, the business entity must specify in writing the entity supervising business to which the business entity submitted the said documents. Entities supervising business shall, in accordance with the procedure laid down by the Government, exchange between themselves the documents, submitted to them by business entities, necessary for the fulfilment of the powers granted to them.
Upon the end of a calendar year, entities supervising business shall in accordance with the procedure laid down by entities of public administration which are senior by subordination draw up and present to the latter entities annual reports on the performed activities as well as reports on the scope and reasons of non-compliance or inadequate compliance with the requirements set for business entities by laws and other legal acts as well as on the applied preventive measures and sanctions and proposals for amendment or adoption of new legal acts. Article
Quality Management of Public Administration
Quality management of public administration shall be implemented at state level and at the level of an entity of public administration.
The most important way of quality management of public administration is monitoring of entities of public administration and their activities. The aim shall be to give a timely notice of the changes in public administration, to assess them and provide for measures of prevention of negative consequences. Monitoring shall be organised by the Government or an institution authorised by it.
The ways of quality management of public administration at the level of an entity of public administration shall be the planning and organisation of the activities of entities of public administration and the control of the internal administration.
The activities of an entity of public administration shall be planned taking into consideration the National Long-term Development Strategy and other strategic planning documents.
Activities of an agency of public administration whose head is a manager of appropriations of the state or municipal budget shall be organized in pursuance of the strategic action plans approved in accordance with the procedure laid down by legal acts. Activities of an agency of public administration whose head is not a manager of appropriations of the state or municipal budget shall be organized in pursuance of the annual action plans approved in accordance with the procedure laid down by legal acts. Strategic or annual action plans of an agency of public administration shall be announced in the website of this agency or an agency of public administration to which the former agency is subordinate.
The implementation of strategic or annual action plans of an entity of public administration shall be assessed by an internal audit service. Article
Internal Administration
The purpose of the internal administration shall be to ensure proper performance of functions of public administration by an entity of public administration.
The structure of the administration of an agency of public administration shall be established by the head of the agency of public administration or the founder of the agency of public administration in accordance with laws and legal acts adopted on the basis thereof and taking into consideration the set aims and objectives of the agency, the strategic or annual action plans and the approved number of positions for civil servants and employees employed under the employment contracts (hereinafter referred to as the “employees”).
Administrative units of an agency of public administration may be a department (board), division (bureau, service), subdivision (group).
A department (board) shall be set up if when administering an assigned sphere it is necessary to solve difficult tasks, to perform various functions and this requires coordination of their implementation. At least two divisions (bureaus, services) shall make up a department (board). A department shall be headed by the director (a board – by the superior). The director (superior) may have his deputies. Legal acts (regulations, job descriptions, etc.) regulating activities of a department (board) shall be approved by the head of the agency of public administration.
Generally a division (bureau, service) shall be an organisational unit of a department (board). Where there is an insufficient variety of tasks and functions in the sphere assigned for administration or where a law requires so, a division (bureau, service) may not be an organisational unit of a department (board). A division (bureau, service) which is an organisational unit of a department (board) shall consist of at least four positions. A division (bureau, service) which is not an organisational unit of a department (board) shall consist of at least two positions. A division (bureau, service) shall be headed by a head (superior). The head (superior) of a division (bureau, service) may have his deputies. Legal acts (regulations, job descriptions, etc.) regulating activities of a division (bureau, service) shall be approved by the head of the agency of public administration.
A division (bureau, service) may consist of subdivisions (groups). A subdivision (group) shall consist of at least three positions. A subdivision (group) shall be headed by a head (superior). Legal acts (regulations, job descriptions, etc.) regulating activities of a subdivision (group) shall be approved by the head of the agency of public administration.
In order to implement the tasks and functions which are not assigned to the units of the administration of an entity of public administration a position (positions) which do (does) not belong to a division (bureau, service) or department (board) may be established. The head of the entity of public administration shall approve a list of such positions and assign the functions to be implemented.
The provisions of paragraphs 3, 4, 5, 6 and 7 of this Article shall apply to entities of public administration in so far as they are not regulated by statutes or other laws. Article
Basis for Internal Administration The internal administration of entities of public administration shall be regulated by laws or legal acts adopted on the basis thereof (regulations, statutes, rules of procedure, job descriptions (job instructions) and internal regulations). Article
Internal Administration Control There can be the following forms of the control of the internal administration in respect of an entity of public administration: 1) the internal control and the internal audit carried out in accordance with the procedure set forth by laws and legal acts adopted on the basis thereof; 2) the external audit that assesses the quality and efficiency of an entity of public administration as well as reliability of the internal control and the internal audit system. Article
Consideration of Applications Submitted by Persons
Entities of public administration shall consider applications submitted by persons in accordance with the rules approved by the Government.
When considering applications submitted by persons, the provisions of the rules approved by the Government shall apply in so far as those issues are not regulated by laws, legal acts of the European Union of direct application, international agreements ratified by the Republic of Lithuania or other legal acts adopted in compliance with these legal acts. Article
Provision of Administrative Services
Administrative services shall be as follows: 1) issuance of authorisations (licenses); 2) issuance of documents that confirm certain legal facts; 3) submission to persons of information stipulated in laws and available to an entity of public administration; 4) carrying out of the administrative procedure.
Administrative services shall be provided by entities of public administration only.
Laws and other legal acts adopted on the basis thereof shall set the fees and charges or any other remuneration for provided administrative services. The fees and charges or any other remuneration shall not be set for an administrative service referred to in subparagraph 4 of paragraph 1 of this Article, as well as for considering the applications submitted by persons requesting administrative services. Article
Requirements for Administration of the Provision of Public Services
Entities of public administration shall be responsible for the legitimacy of the provision of services administered by them.
An entity of public administration which administers the provision of a certain public service in accordance with the sphere of management established by this Law may not itself provide such service.
Only laws can set the fees and charges or any other remuneration for administration of the provision of public services. Article
Regulation of the Provision of Public Services
At the state level, the provision of public services stipulated by laws shall be regulated by central entities of state administration according to the sphere of management assigned to them under laws or regulations.
At the territorial level, the provision of public services stipulated by law shall be regulated by entities of municipal administration or territorial entities of state administration according to their powers.
Territorial entities of state administration may not duplicate or change the regulation of the provision of public services by central entities of state administration, but they may submit proposals to the latter on the improvement of the procedure for the provision of public services or establishment of a new public service.
Unless provided for by laws, central entities of state administration shall not have the right to demand from territorial entities of state administration and the municipalities to set up agencies providing public services.
The head of an entity that provides services shall be responsible for keeping to the arrangement of the provision of public services and the quality of the provided public services. Article
Use of Information technologies for Public Administration When performing the functions assigned to them, entities of public administration shall use information technologies in accordance with the procedure set forth by laws and other legal acts. CHAPTER III ADMINISTRATIVE PROCEDURE Article
Administrative Procedure and its Participants
The administrative procedure shall comprise mandatory actions performed pursuant to this Law by an entity of public administration while considering a person’s complaint or notification about a violation, allegedly committed by acts, omissions or administrative decisions of the entity of public administration, of the rights and legitimate interests of the person referred to in the complaint or notification and adopting a decision on administrative procedure.
There shall be the following participants in the administrative procedure: a person who has submitted a complaint, or a person with respect to whose allegedly violated rights and legitimate interests through the actions, omissions or administrative decisions of an entity of public administration a notification has been received and the entity of public administration which has initiated the administrative procedure on the grounds of the received complaint or notification. Article
A Person’s Rights and Duties
A person shall have the right to: 1) get access to the documents received during the administrative procedure and other information; 2) submit additional information and provide explanations; 3) call for removal of an official, civil servant or employee that carries out the administrative procedure; 4) have an interpreter; 5) participate when checking the factual data on site; 6) express his opinion on issues arising during the administrative procedure; 7) request an entity of public administration which has initiated the administrative procedure to terminate it; 8) receive a decision on the administrative procedure; 9) appeal against the adopted decision on the administrative procedure in accordance with the procedure set forth by laws, if the decision does not comply with the requirements laid down in laws and other legal acts, or to appeal against the actions of an official, civil servant or employee, if they have elements of the abuse of office or bureaucracy (the way they are defined in the Law on the Seimas Ombudsmen); 10) have a representative acting on his behalf.
A person must exercise in good faith the rights granted to him and shall not abuse them. If it transpires that a person abused the rights granted to him or acted not in good faith, the administrative procedure may be terminated by decision of the head of an entity of public administration and the person must be notified thereof within 3 working days from terminating the administrative procedure. Article
Grounds for Initiating the Administrative Procedure
There shall be the following grounds for initiating the administrative procedure: 1) a complaint filed by a person; 2) a notification given by a state politician, official or civil servant; 3) a notification given by any other person.
The grounds for initiating the administrative procedure specified in paragraph 1 of this Article shall be further referred to as a complaint. Article
Commencement of the Administrative Procedure
The administrative procedure shall be initiated by the head of an entity of public administration or an official or civil servant authorised by him, by a written assignment (order, ordinance or resolution) within 3 working days from the receipt of the documents referred to in Article
The information required for initiation of the administrative procedure, which is available to an entity of public administration, or contained in the State Registers or in any other state or municipal information systems, shall be collected by the entity of public administration that has received the complaint. Article
Acceptance and Consideration of a Complaint
Every entity of public administration must accept complaints and consider them according to their powers. The fact of acceptance of a complaint shall be acknowledged by a certain document indicating the date of its acceptance, the name, surname and telephone number of a civil servant or an employee who has accepted the complaint and the complaint registration number. The document confirming the fact of acceptance of the complaint shall be delivered to the person or sent to him by post or e-mail. The Government shall set the form of the document that confirms the fact of acceptance of the complaint.
Complaints submitted by e-mail have to be signed with a digital signature. Replies to these complaints shall be sent to a person by e-mail and, at the request of the person – by post, to the address indicated in the complaint, or delivered personally. The reply that is sent by e-mail shall be signed with a secure digital signature by the head of an entity of public administration or an official or civil servant authorised by him.
Complaints submitted anonymously, not specifying the name and surname of a person or the name of a legal entity, its address or signature, may remain unconsidered by decision of the head of an entity of public administration or an official or civil servant authorised by him.
If an entity of public administration does not have the powers to adopt a decision on administrative procedure concerning the issue referred to in the complaint, it shall, within 5 working days, transfer the complaint to an entity of public administration that has the required powers and shall inform the person about it. If it transpires after the initiation of the administrative procedure that the court has started to consider the complaint on the same issue, the administrative procedure shall be suspended until the court investigates the complaint and shall inform the person about it.
It shall be prohibited to transfer the complaint for consideration to an entity of public administration, its administration or an official or civil servant whose actions are appealed against.
The complaint shall not be considered, if the court or an entity of public administration itself has already adopted the decision on administrative procedure on the same issue and a person does not provide any new factual data that would enable to appal against the decision, and also in the case when more than one year has passed since the violations indicated in the complaint and the submission of the complaint. The person shall be informed, within 5 working days from the receipt of the complaint, about the decision not to consider the complaint.
If the complaint is addressed to several entities of public administration and the issue is within the competence of several entities of public administration, the entity of public administration that is first mentioned in the complaint shall initiate the administrative procedure and organise the consideration of the complaint. Other entities of public administration that participate in the administrative procedure, must submit, within 10 working days from the receipt of the complaint, within their competence, their proposals concerning the handling of the complaint to the entity of public administration that has initiated the administrative procedure.
In the case of the annual leave, a business trip, seminars and other cases of absence from work of officials, civil servants or employees participating in the administrative procedure, the head of an entity of public administration shall delegate the task of participating in the administrative procedure to other officials, civil servants or employees that have equivalent powers. Article
Hours for Acceptance of Applications and Complaints
An entity of public administration must organise its work in such a way that persons wishing or obliged to file an application or a complaint could do so at all office hours.
An entity of public administration must set at least two additional hours per week for the acceptance of applications and complaints after the end of working hours of the entity of public administration. Article
Withdrawal of an Official, Civil Servant or Employee
An official, civil servant or employee shall withdraw himself or must be withdrawn from participation in the administrative procedure if: 1) an official, civil servant or employee is a close relative (as defined in the Civil Code), brother in law or cohabitant, who has registered partnership in accordance with the procedure set forth in laws, of a person in respect of whom the administrative procedure has been initiated; 2) an official, civil servant or employee and a person in respect of whom the administrative procedure has been initiated are related by subordination relations; 3) the impartiality of an official, civil servant or employee raises reasonable doubts because of some other circumstances which may result in a conflict of private and public interests.
A decision concerning the withdrawal of an official, civil servant or employee from taking part in the administrative procedure shall be adopted by the head of an entity of public administration. A decision concerning the withdrawal of the head of a public administration from taking part in the administrative procedure shall be adopted by him, the head of the public administration who has appointed him to this position, or the head of a collegial entity of public administration. Article
Obtaining of Information Required for Adopting a Decision
Demand for documents and information required for adopting a decision concerning the administrative procedure from persons in respect of whom the administrative procedure has been initiated has to be lawful and substantiated.
An entity of public administration may demand only for such documents and information that is not available in the state registers and other state or municipal information systems except for the cases when such documents and information must be provided under laws.
The deadline must be set for the provision of the documents and information. It shall be allowed to make a repeated demand for documents and information from the persons in respect of whom the administrative procedure has been initiated only in exceptional cases and properly substantiating the necessity for such documents and information. Article
Suspension of the Administrative Procedure
If the decision on the administrative procedure can change the legal status of the persons who are not taking part in the administrative procedure, the administrative procedure shall be suspended notifying the said persons of their right to participate in the procedure and notifying the person in respect of whom the administrative procedure has been initiated about the grounds for suspending the administrative procedure.
The administrative procedure shall be resumed when the persons referred to in paragraph 1 of this Article express their intention to participate in the procedure or refuse in writing to participate in it, or if no response concerning the proposal to participate in the administrative procedure is received within 10 working days from sending the letter about the suspension of the administrative procedure. Article
Questioning
Before taking the decision on administrative procedure, a person in respect of whom the administrative procedure has been initiated, as well as other persons, may be questioned seeking to disclose the essence of the issue under consideration and the related circumstances, except for the cases specified in paragraph 2 of this Article when such questioning is mandatory.
The decision on administrative decision shall be taken only after questioning a person with respect to whose allegedly violated rights and legitimate interests a notification has been received and the administrative procedure has been initiated on the grounds of this notification. If this person refuses to attend the questioning, or if there are any other objective reasons why it is not possible to question the person during the period of time set for the administrative procedure, the administrative procedure shall be terminated.
The decision on the administrative procedure shall be adopted without questioning in the following cases: 1) when the complaint is satisfied immediately and the decision on the administrative procedure does not violate the rights and legitimate interests of other persons; 2) when, under the requirements of legal acts, the decision on the administrative procedure has to be taken immediately. Article
The Rights of Natural Persons of Diminished Capacity
A natural person of diminished capacity shall be entitled to be heard at his own or his guardian’s request. The guardian must also be heard in order to protect the interests of the natural person of diminished capacity.
A natural person of diminished capacity can be heard on issues related to the income or property that are at his disposal. Article
Verification of the Factual Data
Where necessary, an entity of public administration participating in the administrative procedure may carry out an on-site verification of the factual data. A person in respect of whom the administrative procedure has been initiated and the interested persons must be notified of the time of the verification so that they could, if they wished, participate in the on-site verification of the factual data. If, in the course of the verification, information which, under laws, can not be public may become public, the person in respect of whom the administrative procedure has been initiated and the interested persons shall be able to access only the results of the on-site verification of the factual data.
Verbal explanations and the factual data established during the on-site verification must be recorded in the verification report (conclusion) and signed by the persons carrying out the verification. Written explanations shall be attached to the verification report (conclusion). Article
Time Limits for the Administrative Procedure The administrative procedure shall be completed and the decision on the administrative procedure shall be adopted within 20 working days from the beginning of the procedure. Where, due to objective reasons, the administrative procedure cannot be completed within the set time limit, the entity of public administration that has initiated the administrative procedure may extend it for a period not longer than 10 working days. A person shall be notified about the extension of the time limit for the administrative procedure in writing or by e-mail (where the complaint has been received by e-mail) and the reasons for the extension. Article
Language of the Administrative Procedure
Administrative procedures shall be conducted in the official language - the Lithuanian language.
When a person in whose respect the administrative procedure has been initiated or other interested persons do not speak or understand Lithuanian or are unable to make themselves understood because of a sensory or speech disorder, an interpreter must be present at the administrative procedure.
An entity of public administration that has initiated the administrative procedure or a person in whose respect the administrative procedure has been initiated shall invite an interpreter at his own initiative. Article
Recommendation to Adopt a Decision on the Administrative Procedure Upon completing the administrative procedure, an official, civil servant or employee shall draw up a recommendation to adopt a decision on the administrative procedure and submit it to the head of an entity of public administration. Factual circumstances established during the consideration of the complaint, legal acts on the grounds of which the draft decision on the administrative procedure has been prepared, the proposed draft decision on the administrative procedure and the date of preparing the recommendations shall be specified in the recommendation to adopt the decision on the administrative procedure. Article
Adoption of a Decision on the Administrative Procedure
The administrative procedure shall be concluded by adopting a decision on the administrative procedure. A person in whose respect the administrative procedure has been initiated shall, within 3 working days, be notified about the adopted decision on the administrative procedure and the procedure for appealing against the decision.
The decision on the administrative procedure shall be prepared in two copies; one of the copies shall be delivered or sent to the person in whose respect the administrative procedure has been initiated and the other shall remain with the entity of public administration and be kept in accordance with the procedure set forth by laws. Article
Error Correction Procedure
Upon receiving a reasoned notification from the person in whose respect the administrative procedure has been initiated or from any other interested person about calculation or printing errors, any discrepancies of the factual data or any other technical errors, an entity of public administration which has adopted the decision on the administrative procedure shall undertake the measures required for the correction of errors.
If an error may have a significant influence on the execution of the decision, an entity of public administration which has adopted the decision on the administrative procedure shall suspend the execution of the decision until the correction of errors.
Errors have to be corrected in the copy of the decision on the administrative procedure whish is kept by the entity of public administration which had adopted the decision on the administrative procedure. The person shall, within 3 working days, receive a new or corrected document (the decision on the administrative decision). Article
Appeal against a Decision on the Administrative Procedure A person shall have the right to appeal against a decision on the administrative procedure adopted by an entity of public administration at his own choice either to the Administrative Disputes Commission or to the administrative court in accordance with the procedure set forth by laws. CHAPTER IV TERMS AND CONDITIONS OF INSTITUTIONAL ASSISTANCE Article
Cases when Institutional Assistance is Requested An entity of public administration may request the assistance of another entity of public administration for adopting the decision on the administrative procedure if: 1) it does not have information that is required for adopting a decision on the administrative procedure; 2) documents possessed by the entity of public administration that is addressed are required; 3) in other cases of necessity. Article
Cases when Institutional Assistance is Refused Institutional assistance shall be refused if: 1) the issue under consideration is outside the competence of the entity of public administration addressed; 2) rendering of institutional assistance would require unreasonably high costs from the assistance provider; 3) institutional assistance is related to information whose provision is prohibited by laws. Article
Selecting the Institution for Rendering Assistance Where institutional assistance can be rendered by several entities of public administration, the entity of public administration of the lower level shall first be addressed. Article
Specific Features of Rendering Institutional Assistance
An entity of public administration which requests institutional assistance shall be responsible for motivation and lawfulness of the application.
An entity of public administration which is requested to render institutional assistance shall be obliged to render the assistance, except for the cases listed in Article
Institutional assistance shall be rendered not later than within 5 working days from the receipt of the application for institutional assistance.
It shall be prohibited to refuse to render institutional assistance on the grounds that it is inexpedient.
Institutional assistance rendered by one entity of public administration to another entity of public administration shall be free-of-charge.
The provisions of the Law of the Republic of Lithuania on Services, which regulate administrative cooperation, may lay down other conditions of provision of institutional assistance than those laid down by this Law. CHAPTER V FINAL PROVISIONS Article
Application of the Provisions of Chapter III The provisions of Chapter III of this Law shall apply in respect of the National Audit Office, the Seimas Ombudsmen, the representatives of the Government in the counties and other entities of public administration performing their functions in accordance with the procedure set forth in laws and other legal acts to the extent their activities in adopting the decisions concerning the applications or complaints are not regulated in laws and other legal acts regulating their activities. Article
Liability of Entities of Public Administration An entity of public administration in breach of the provisions of this Law shall be held liable under law. Any pecuniary and non-pecuniary damage resulting from illegal acts of entities of public administration shall be compensated in accordance with the procedure set forth by the Civil Code and other laws. Article
Application of the Provisions of the Law to Entities Supervising Business The provisions of this Law shall apply to entities of public administration carrying out the supervision of activities of business entities, including submission of documents and preparation of annual reports of entities supervising business, provided that such supervision is not regulated by other laws. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS

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