"CODE OF ADMINISTRATIVE PROCEDURES OF THE REPUBLIC OF ALBANIA "   |   44/2015

Article 36: Representative appointed by the authority

1The public organ, conducting the proceeding, shall suspend the proceeding and ask the competent authority according to the law, to appoint a legal representative or as appropriate substitute him/ her, when it ascertains that the party with no or limited capacity to act has not been appointed yet any legal representative, or has conflict of interests with the represented party.

2In the case provided in paragraph 1 of this Article, if it is urgent and the interest of the party so requires, the public organ shall appoint a temporary representative to perform a specific procedural action, or till the appointment or substitution of a legal representative.

3The public body conducting the administrative proceeding may appoint a representative according to the provisions of paragraph 2 of this Article in the following instances:

athe identity of a party is unknown;

balthough the identity of the party is known, its notification is not possible;

cthe party is objectively unable to look after its interests and has failed to choose a representative;

çthe party has no residence in Albania and has failed to choose a representative within the time limit set by the public organ.

4The public body shall immediately notify the party regarding the appointment of the representative. In the cases provided for in letters ”a” and ”b” of paragraph 3 of this article, the public body shall notify the appointment of the representative through a public announcement according to the provisions of this Code.

5The representative appointed ex-officio, as per paragraph 2 and 3 of this article, shall participate and represent the party in the entire administrative proceeding, or only in the procedural action for which it has been appointed, until appearance of the party or of the representative appointed by the party.

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