The business actors in the seafood industries are subject to extensive public regulation, and the industries are therefore dependent on a good working relationship with the public. In order for the collaboration to be successful, it is important that the business world knows its rights - so that you know what to expect. In this article, I will give an overview of the most important requirements that are set for the public sector in individual decision cases - i.e. cases that end up with rights being granted or requirements being set for a single business operator. For example, by granting a permit or issuing an penalty for violations.
Requirement for knowledge of the matter and the right to speak
One of the first requirements for the administration is that they provide the actors involved with information about the case and the opportunity to express themselves. In cases that have not been initiated by an application, the administration is required to send advance notice. Such a notice must contain the information the actors need to comment on the matter and a deadline for comments. In some cases, advance notices are designed as drafts of final decisions. However, it is an important principle that the administration cannot come to a conclusion in a case before the actors have had the opportunity to express themselves. It is unfortunate if advance notices express anything else.
The duty to investigate and the duty to build on the correct facts
A further requirement for the administration is that they must carry out the case investigation that the case requires. All significant questions for the decision must be investigated. The investigation must be neutral and cover all sides of the case. The extent of the duty to investigate will therefore be very different from case to case depending on how complex they are.
The main rule is that it is the administration that is responsible for investigating the actual circumstances in the case, but in cases where business operators apply for a permit or another good, it is the operators themselves who must ensure that they present the justification for why they believe they should be granted the good.
The duty to investigate must be seen in the context of the fact that the administration will always have a duty to build on correct facts. As a general rule, an administrative decision will be illegal if it is based on a wrong understanding of the facts and this wrong understanding has influenced the conclusion. The consequence of this is that the case investigation must be good enough for the actual circumstances in the case to be clarified.
The requirement for justification
After the case investigation has been completed, the administration must make a reasoned decision. Requirements are set for the content of the decision’s justification. The justification must of course refer to the legal rules that are applied, and it must explain the administration’s assessments and conclusions. The requirement for justification means that the person who receives the decision must be able to read it and understand how the administration has arrived at the result in the present decision.
Right to complain
All decisions in individual cases can be appealed. This means that those most closely involved in a case can demand that it be processed again by an administrative body that is superior to the body that has already processed the case. A complaint is always sent to the body that made the decision for this body must also process the complaint and consider whether they want to overturn their own decision.
The parties in the case always have the right to appeal, and in addition others affected by the case can also appeal. If you have achieved a good through a decision, you must always take any complaints from those who are dissatisfied with the decision seriously. If the appeal is successful so that you lose the good you have achieved, this is a final decision that cannot be appealed.
The important right of access
The right of access is important both in order to follow your own matters and other matters in which you are interested. The main rule under Norwegian law is that everyone has access to documents submitted to the public sector or prepared by the public sector. The most important exceptions to this are documents containing personal information or business secrets that are subject to confidentiality and the administration’s internal case notes.
The portal e-innsyn.no provides a useful tool for access where you can look up cases that various administrative bodies process and find the documents. You can also easily request access on this site.