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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/24 03:07
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Chapter Law Content

Chapter 2 Organizations Handling Public Disputes
Subchapter 1 Mediation Committees
Article 4
All special municipalities and county (city) government shall establish their own public nuisance dispute mediation committee (herein referred to as “mediation committee”) to mediate public nuisance disputes.
Article 5
A mediation committee shall consist of nine to 21 members. One of the members shall be the chairman of the committee.
The chairman of the mediation committee in special municipalities shall be the mayor of that municipality, or a suitable person designated by the mayor. The county commissioner or city mayor shall be the chairman of the mediation committee in a county or city. Other members of the committee shall be selected and appointed by the special municipality mayor, county commissioner or city mayor from among representatives of relevant agencies, environmental protection, legal and medical scholars and experts and impartial citizens. Scholars, experts and impartial citizens shall make up no less than two thirds of the total committee membership.
Article 6
The term of each member of a mediation committee shall be three years. Members may be reappointed.
Should a member of a mediation committee resign his or her position, the successor shall serve until the end of the original term.
Article 7
Mediation committee members shall exercise their powers independently and in accordance with the law. A member may not be dismissed during his or her term unless any of the following situations occur:
I. the member receives a prison sentence or more
II. the member declares bankruptcy, or has been declared mentally incompetent or under guardianship
III. the member is a civil servant and is dismissed or suspended from his or her position as a result of disciplinary action
IV. the member is unable to execute his or her duties due to physical or mental handicap
Article 8
After being drafted and promulgated the organizational rules of the mediation committee shall be submitted by the special municipality and county (city) governments to the Environmental Protection Administration, Executive Yuan, for future reference.
Subchapter 2 Arbitration Panel
Article 9
The Environmental Protection Administration of the Executive Yuan, shall set up a Public Nuisance Dispute Arbitration Panel (herein referred to as the “Arbitration Panel”) to arbitrate public nuisance disputes over damage claims unresolved by mediation procedures.
Article 10
The Arbitration Panel shall consist of one chairperson and from seven to eleven members.
The members of the Arbitration Panel shall be selected by the director of the Environmental Protection Administration, Executive Yuan, from among respected impartial individuals with expertise in environmental protection, law, medicine, or other relevant disciplines. The list of selected members shall be submitted to the Executive Yuan for approval prior to appointment.
Article 11
The chairperson of the Arbitration Panel shall serve full-time. Other members of the panel may serve part-time.
The chairperson of the Arbitration Panel shall possess one of the following qualifications:
I. be a qualified judge, prosecutor or public defender
II. be a qualified lawyer
III. have served as a full-time professor for two years, or full-time associate professor for three years, in the law department or in a legal research institute at a public or a registered private university or independent college, or have lectured on legal subjects for more than three years
IV. have served for more than five years in a government legal or appeals agency at any government level, and have more than three years experience of handling affairs concerning laws and regulations or appeals.
Article 12
The organizational rules of the Arbitration Panel shall be drafted by the Environmental Protection Administration of the Executive Yuan, and be submitted to the Executive Yuan for approval prior to promulgation.
Article 13
The regulations in Article 6 and 7 shall apply to the members of the Arbitration Panel.
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