Services and Supports for Persons with Disabilities Act (Act No. 123 of 2005)

Chapter VII Application for Examination

Article 97 (Application for Examination)

(1) The persons with disabilities or guardians of children with disabilities who are dissatisfied with municipal dispositions pertaining to nursing care payment, etc. may apply to prefectural governors for examination.

(2) The application for examination mentioned above shall be deemed to be a judicial claim concerning interruption of prescription.

Article 98 (Appeal Examination Board)

(1) Prefectural governors may establish an examination board for appeal with nursing care payment, etc. for persons with disabilities (hereinafter referred to as "appeal examination board") so as to cause it to treat cases of requests for examination prescribed in paragraph 1 of the preceding Article pursuant to the provision of their Prefectural Ordinance.

(2) Quorum of committee of the appeal examination board shall be the quorum provided in Prefectural Ordinance pursuant to the standard prescribed in the Cabinet Order.

(3) Prefectural governors appoint committees among those who have moral personality, are able to make a fair and neutral judgment on proceedings of disposition concerning nursing care payment, etc., and have academic backgrounds and experiences about healthcare and welfare of persons with disabilities, or others.

Article 99 (Term of Committee Membership)

(1) Term for a committee shall be 3 years. Provided, however, term for a substitute committee shall be the rest of the predecessor.

(2) A committee may be reappointed.

Article 100 (Chairperson)

(1) Members of the appeal examination board shall select one of their members to act as the chairperson.

(2) In the case of accident occurring on the chairperson, the person elected pursuant to the provision set forth in the preceding paragraph shall represent for the duties.

Article 101 (Term and Forms of Request for Examination)

Requests for examination shall be filed orally or in written within 60 days from the day following the date of applicant's knowing the disposition has made; provide, however, that this shall not apply, the case where applicants shows prima facie evidence that they could not file Requests for examinations within the period on justifiable grounds.

Article 102 (Notification to Municipalities)

When prefectural governors receive Requests for examination, they shall notify the municipalities which conduct the original dispositions and other interested persons.

Article 103 (Disposition for proceedings)

(1) In the event that prefectural governors acknowledge that it is necessary to conduct examinations, they may require those persons requesting an examination or related persons to submit reports or opinions or may order such persons to present themselves for questioning, or they may direct doctors or other persons appointed by prefectural governors (called "doctors, etc." in the following paragraph) to perform diagnoses or conduct other examinations.

(2) Prefectures shall pay travel expenses, daily allowances, accommodation expenses or rewards to the concerned persons who presented themselves or the doctors, who conducted diagnoses or other inspections pursuant to the provision of the preceding paragraph pursuant to the provision in the Cabinet Order.

Article 104 (Entrustment to the Cabinet Order)

In addition to what are prescribed in this chapter and in Administrative Appeals Act, necessary matters concerning procedures of request for examination shall be prescribed in the Cabinet Order; necessary matters concerning an appeal examination board shall be prescribed in Prefectural Ordinance of such prefecture which established such appeal examination board.

Article 105 (Relation between Application for Examination and Lawsuit)

The suit for rescission of disposition prescribed in paragraph 1 of Article 97 may not be instituted until determination on application for examination about such disposition is made.