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

Print Time:2024/11/22 14:43
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Chapter Law Content

Chapter 4 Decision
Article 10
If the complaint or application for review is found defective procedurally but is correctable, the competent authority shall notify the complainant or applicant to make corrections within 15 days upon receipt of the notice letter.
If the complainant or application for review meets any of the following circumstances, a decision to reject the complaint shall be made:
1.If the complaint is held defective procedurally and uncorrectable, or not corrected within the specific time limit as notified.
2.If the application for review is filed after the statutory period.
3.If the complaint is not withdrawn pursuant to Paragraph 3 of Article 6.
4.If the capability administrative action no longer exists.
5.If a complaint or application for review is filed again on the same matter after the inifial complaint already been withdrawn.
Article 11
The Gender Equality Work Committee of the competent authority shall conduct the review and make the decision only in writing. If necessary, it may notify the complainant, applicant and any other related agency or personnel to be present to provide explanation in person.
Article 12
When the Gender Equality Work Committee of the competent authority is in the process of reviewing the application, it may designate two or more members of the committee to form a special taskforce to investigate the case, if necessary.
When the special taskforce is are in the process of investigation, it shall protect the privacy rights of the complainants, applicants, respondents and related third-parties. After the process of investigation, the special taskforce shall make a investigation report and forward it to the Gender Equality Work Committee of the competent authority for review.
Article 13
If the central authority’s Gender Equality Work Committee deems that the application for review is unreasonable, it shall make the decision to dismiss the application.
Even if the reasons which the original administrative action is based on are held unfair, while there are other reasons to support the administrative action, the application for review shall be deemd unreasonable.
If the application for review is deemd unreasonable, the central competent authority’s Gender Equality Work Committee shall make the decision to revoke the original administrative action, in whole or in part, and may also, based on case background, make its own modification to the original decision or remand the case to the agency with the obligation to take administrative action for further administrative action. However, in consideration the scope of the objection which the applicant expressed, it shall not make a modification or decision which is less favorable to the interest of the applicant.
If the decision made pertaining to against the review referred to in the preceding paragraph revokes the original administrative action and remands the case to the agency with the obligation to take administrative action for further administrative action, it shall specify a period for the agency to take such new administrative action.
Article 14
When the decision on the application for review depends upon the settlement of a separate legal matter which is not yet resolved, other legal relationship and that legal relationship is not yet ascertainable, the Gender Equality Work Committee of the competent authority may, ex officio or per application, suspend the proceedings of the review and inform the complainants or applicants.
Article 15
The proceedings pertaining to a complaint or review shall be held in private.
Article 16
The competent authorities shall notify complainants applicants and respondents in writing of any decision made by the Gender Equality Work Committee,.
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