This Method is enacted pursuant to Article 31.2 of the Disaster Prevention and Response Law (hereinafter referred to as “the Law”).
The central fire regulating authority at the central level, municipal governments at municipal level, and county (city) governments at county (city) level shall the executive organ of this Method.
Where anyone falls in danger due to infringement of Subparas. 2 or 3, Para. 1, Article 31 of the Law and is saved by the disaster response center, the executive organ shall, within 3 months commencing from the completion of the search and rescue task, work out the expense cost by search and rescue and fill in a notice of punishment to request the rescued or the responsible enterprises (hereinafter referred to as “the Counterpart of Punishment”) to pay the expense.
The above-mentioned expense required by search and rescuer includes the following items:
(1)Overtime pay, travel expense, insurance premium, etc of the staff in the related government agencies and army in addition to the fixed salary.
(2)Civil labor expropriated, entrusted and employed for searching and rescue, etc.
(3)Related government agencies and armies, expropriated, purchased or rented civil searching dogs, salvation machines and tools, vehicles, sea vessels, aircrafts and other equipments, as well as lands, buildings, materials, animal feed, fuel, consumptive materials, water and electricity, etc.
If there are two or more than two counterparts of punishment, the expense of searching and rescue shall be divided equally. If there is one responsible enterprise, he or she shall pay half of the expense; then the rescued shall share the rest of the expense equally.
The expense that the counterpart of punishment shall pay will be reduced as he or she breaks the law slightly or with special reasons.
Except that the expense of searching and rescue of Subpara.1, Para. 2, Article 3 is calculated according to the personnel expense that the government actually pays, the expenses of searching and rescue of Subparas.2, 3, and 4, Para. 2, Article3 shall be calculated according to the rates that the government regulates. If the government has not prescribed the payment rate, the rate preset by related labor union shall apply.
If there is no payment rate prescribed either by the government or by the labor union, the payment rate will be determined by the government pursuant to the current price at the location and depreciation degree of the materials.
The letter for payment of expense of searching and rescue shall include the
following information :
(1)Name, date of birth, sex, ID No., address, office, and other distinct characteristics of the Counterpart of Punishment.
(2)Subject, facts, reason, and legal basis
(3)The expense which is shall be paid and attached details.
(4)Name of the government agency that gives the penalty, and signature and seal of the principal.
(5)Number and issue date of the document.
(6)Address for payment.
(7)The purpose of the penalty, and means of rescue, deadline and responsible agency for appeal in case of disobedience to the penalty.
Upon receipt of the payment from the Counterpart of Punishment, the executive organ shall deduct the share of the central departments and national army to the central authority in charge of disaster prevention and response, who will allocate the money into the national purse. The balance shall be allocated into the public purses of the municipal/County (city) governments.
This Method shall take effect on the date it is promulgated.