Fundamental Rights Section due to lack of right to defence was rejected, represents a grievance in public administration. In order to eliminate this grievance, the Federal Ministry of Transport, Innovation and Technology was issued a recommendation to ensure that the official notification subject to complaint, be officially rescinded, through the application of Article 68 para. 2 AVG 1991 (Allgemeines Verwaltungsverfahrensgesetz 1991 - General Administrative Procedure Act 1991) and the notification dated September 20, 2005, which was delivered to the civil airport keeper, be delivered to the plaintiff, as well as in future cases, to clearly formulate the notification to the civil airport keeper as an official notification and also deliver this to the person affected. With a letter dated July 17, 2006, the Federal Ministry of Transport, Innovation and Technology informed the Ombudsman Board that this recommendation would not be complied with, because, in its opinion, the wording of Sect. 134a para. 4 LFG did not leave any room for an interpretation conforming to the constitution, in the sense of the recommendation by the Ombudsman Board. The Ombudsman Board is currently carrying out a system audit, within the scope of which it is to be clarified, in how many cases the reliability examination provided for in Sect. 134a Aviation Act has resulted in non-issuance/revocation of an airport pass to date. After completing the system audit, the Ombudsman Board intends to issue an invitation to a discussion group, where, with the involvement of the Federal Ministry of Transport, Innovation and Technology, the Federal Ministry of the Interior and the Federal Chancellery-Constitutional Service, ways are to be sought for finding a solution which adequately takes into account all affected interests, which could also form the basis for possible legislative measures. 2.2.2 Non-issuance of an official notification (VA BD/364-V/04) An employee of Österreichische Post AG applied for officially notified confirmation of his permanent use as a financial advisor. In its investigation procedure in this context, the Ombudsman Board determined that an officially notified processing of this application had also still not taken place after nearly ten months. 34

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