An ex officio decision is a decision taken independently by the government, without you having requested it. This can for example be a fine or an enforcement measure in Zoetermeer.
What does an ex officio decision entail?
An ex officio decision is taken by an administrative authority, such as the municipality of Zoetermeer, on its own initiative. No request from a citizen is required to initiate such a decision.
Examples of ex officio decisions
| Category | Examples |
|---|---|
| Enforcement | Imposition of penalty under penalty clause, application of administrative coercion |
| Penalty measures | Administrative sanction, revocation of permit |
| Tax matters | Assessment notice, additional assessment notice |
| Amendment | Revision of a previous decision |
Procedure for ex officio decisions
For ex officio decisions in Zoetermeer, specific safeguards apply:
- Submission of views: For negative decisions, you often get the opportunity to share your position.
- Hearing obligation: You must be given the opportunity to be heard in the case of intrusive measures.
- Substantiation: The decision must be clearly motivated by the administrative authority.
Preliminary announcement of decisions
In some cases, you first receive an intention from the administrative authority in Zoetermeer:
- You can respond to this with your views.
- The response period is usually between 2 and 4 weeks.
- Afterwards, a final decision follows.
Filing an objection in Zoetermeer
You can file an objection against an ex officio decision:
- This must be done within 6 weeks after the notification.
- Filing an objection generally does not suspend the execution of the decision.
- In cases of urgency, you can request a preliminary relief measure from the District Court of The Hague.
Frequently asked questions about ex officio decisions
Is the government obliged to inform me before imposing a fine?
In many cases, yes. For a fine, you often first receive an intention to which you can respond with views.
Can I object to an intention?
No, an intention is not a final decision. You can submit your views. Objection is only possible after the final decision.
Is a fine suspended upon objection?
No, objection does not automatically stop the execution. Request a preliminary relief measure if you wish for suspension.
Additional questions about ex officio decisions in Zoetermeer
May the municipality of Zoetermeer take a decision without hearing me?
In exceptional situations, such as immediate danger or if your position is already known, the government may take a decision without hearing you beforehand. Usually, however, you first receive an intention or the opportunity to respond, especially for burdensome decisions.
How long does the process of an ex officio decision take?
This depends on the situation. After an intention, you often have 2 to 4 weeks to respond. The final decision may then take a few more weeks. Filing an objection can be done within 6 weeks after the decision.
What to do if I disagree with an intention?
Submit views within the specified period. Explain why you disagree and support this with evidence. The administrative authority must respond seriously to this. Consider legal assistance via the Juridisch Loket Zoetermeer.
Can I prevent an ex officio decision?
In some cases yes, by timely submitting a strong views or by consulting with the municipality of Zoetermeer. Taking voluntary measures can also help prevent sanctions.
What is the difference between views and objection?
Views is a response to an intention, while objection is a formal step against a final decision. Views aims to influence the decision; objection requests revision.
How do I apply for a preliminary relief measure?
This is done at the District Court of The Hague. Contact the Juridisch Loket Zoetermeer for help with the application in urgent situations.