Appeal against an administrative decision

Right to appeal

Individual decisions may be appealed, by a party or another person having a legal interest in appealing the case. See forvaltningsloven (the Public Administration Act) § 28.

Procedural guidance and the right to request grounds

The Norwegian Medical Products Agency has a duty to provide guidance. This is stated in forvaltningsloven § 11.

A party may request that grounds be given after the administrative decision has been made. Such a request must be submitted within the time limit for an appeal. A new time limit for appeal will then be set based on the day you receive the rationale. See forvaltningsloven § 29.

How to appeal

Submit the appeal to the Norwegian Medical Products Agency.

You can send the appeal by email to post@noma.no or by letter to:

Norwegian Medical Products Agency
P.O. Box 240 Skøyen
0213 Oslo

Mark the email/letter with "appeal" and our reference (case number), as stated in the decision.

The appeal must be signed by you or your representative or be electronically authenticated. See forvaltningsloven § 32 and forvaltningsforskriften §§ 4 and 11 (in Norwegian).

If you submit the appeal by email, the appeal can be signed by scanning a signed physical appeal or by using software for electronic signature.

If you sign on behalf of a company, your signature is considered a confirmation that you have the authority to sign on behalf of the company.

Your appeal must refer to the decision you are appealing and the suggestive change(s) to the decision. Please give grounds for your appeal by explaining why you disagree with the decision made in your case. You can also submit documentation and provide any other information that may be relevant for the assessment of the appeal.

Time limits for appeal

The appeal deadline is three - 3 - weeks from the day you received our decision.

If you appeal too late, we can reject the appeal. See forvaltningsloven §§ 29 – 31.

Deferred implementation

 The general rule is that an administrative decision takes effect from the time the decision is made and communicated to the party. However, deferred implementation of the decision can be considered, see forvaltningsloven § 42).

If you want, you can submit a request for this within the appeal deadline. You should provide reasons for why the decision should not be implemented before a possible appeal is processed.

The appellate instance

If we uphold the decision, the appeal will be forwarded to the Ministry of Health and Care Services.

Right to access case documents

With certain limitations, a party has the right to acquaint himself the documents in the case. See forvaltningsloven §§ 18 and 19. If you wish to access, you must contact the Norwegian Medical Products Agency and specify which documents you want access to.

Free legal advice

If you as an individual seek legal assistance for your appeal, you can apply to have the expenses covered by free legal advice. The County Governor has more information about this. See rettshjelploven § 11 (in Norwegian).

Costs of the case

If an administrative decision is altered in favor of a party, you may be awarded such substantial costs as have been necessarily incurred to get the said decision altered. This will usually be expenses for a lawyer/legal aid. A claim for reimbursement of costs in the case must be submitted no later than three weeks after you have received the new decision. See forvaltningsloven § 36.

File a complaint to the Parliamentary Ombud

If you find that we have handled your case in an incorrect or unreasonable manner, you can file a complaint to the Parliamentary Ombud. You must have exhausted all possibilities of appeal available in the public administration. The complaint must be filed within one year of the date of the final decision in your case.