Problems Concerning Enforcement of Administrative Orders Over Heirs of Government Officials in Performing Duties

Lukchai Boonjarearn

Abstract

The literature indicates that the Administrative Procedure Act, B.E. 2539 (1996), amended in its Third Edition B.E. 2562 (2019), specifies that government agencies may have administrative orders requiring payment. If officers under the administrative order who are required to pay do not do so within a specified time, the state agency is empowered to use administrative enforcement measures by seizing or attaching the property of such officers and auctioning them to complete payment. When the state agency uses administrative force and the officer subsequently dies, state agencies are empowered to continue to govern by assuming that such administrative measures may be enforced with heirs or trustees. Such provisions may appear unfair to heirs under administrative enforcement measures who are unaware of administrative orders, which provide the power base for administrative enforcement. These findings suggest that comparative legal study showed that the principle of issuing an order for debtors to pay exists in France’s legal system as well as rules on using administrative enforcement measures on heirs by seizing and selling property.