Eight Types of Officials Not Being Able to Participate in the Administrative Proceedings

To protect people’s rights and make administrative proceedings more equal, the Administrative Procedure Act B.E. 2539 (“Act”) prohibits certain types of officials who cannot participate in the administrative proceedings by empowering the Committee on Administrative Procedure (“Committee”) to indicate the same by issuing the draft ministerial regulation prescribing types of officials who cannot participate in the administrative proceedings “Ministerial Regulation”.

Recently, the Committee has recommended adding eight more types of officials who cannot participate in the administrative proceedings due to the reason of impartiality as follows:

1. Used to be engaged or married to the opposing party.
2. Being or formerly being men and women cohabit as husband and wife without marriage registration with the opposing party.
3. Being or formerly being a person who lives with a partner of the same sex by birth in the same manner as men and women cohabit as husband and wife.
4. Being ascendant or descendant in fact, regardless of degree, or being siblings or third-degree cousins in fact of the opposite party. 
5. Being or formerly being an adopted child of the opposite party or being or formerly being an adoptive parent of the opposite party.
6. Being the uncle or aunt of the opposite party.
7. Being a person who shares a residence with the opposite party in the same household.
8. Being an employee or consultant who receives remuneration from the opposite party.

The Cabinet has endorsed the above-mentioned recommendation and the draft Ministerial Regulation issued by the virtue of the Act will become effective on November 27, B.E. 2566 (2023).

Author: Ms. Panisa Suwanmatajarn, Managing Partner.