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

Print Time:2024/12/05 03:53
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Chapter Law Content

Chapter 5 Consumer Dispute Handling Procedures
Article 22
Telecommunications consumers may apply for mediation of telecommunications consumer dispute with the Institution.
Telecommunications consumers may submit complaints regarding the telecommunications consumer dispute to the competent authority, the competent authority may refer such complaints to the Institution. The competent authority may also directly refer consumer complaints received by other government authorities to Institution.
Article 23
To apply to institution a mediation case, a telecommunications consumer shall fill in an application form that expressly stating the name and basic information of the party to the dispute,the claim, the fact, the reason, and the details regarding the inappropriate handling of the dispute.
Article 24
After the Institution accepts mediation application, the chairperson shall designate one or three mediator(s)according to the mediator(s)fields of expertise, the dispute amount, and the nature of the dispute case.
Article 25
For mediation cases, the Institution shall conduct procedural review and then conduct substantive review.
For dispute cases meeting the requirements of mediation, the Institution shall notify the telecommunications enterprise in writing, and the enterprise shall state its opinions in writing to the Institution within ten working days, and sent a copy to the applicant. The applicant can submit a supplementary statement of reasons in writing to the Institution within ten working days after receiving such statement.
Article 26
A mediation case decision supported by the consent of at least one half of the attended mediator(s)
The mediation is established when both parties agree to it.
Article 27
The mediation decision shall be made within one month from the date when the Institution accepts the mediation application, except for the serious case specified in the rear section of Paragraph 4, Article 20 of the Act; extension may be granted if necessary and the parties shall be notified. One extension shall be granted at most, and the extension shall not exceed one month.
The procedure for mediation shall in principle involve a direct oral arguments. The parties shall be present in person or by appoint others to participate.
If the parties dispute the contents of the written mediation documents, the parties shall directly dispute the content orally to the mediator(s)of the case on the day of mediation, and no objections shall be raised thereafter.
If the party is not present on the designated date, the mediator(s)of the case shall make a decision on whether the mediation is established or not based on the written documents submitted.
Article 28
If the mediation application is withdrawn by the applicant in writing, the Institution shall immediately terminate the mediation procedure and notify the applicant and the telecommunication enterprise.
Article 29
The mediator(s)shall make a written decision in the name of the Institution, and serve it to the parties within seven working days from the date of the decision, the provisions relevant to service in the Taiwan Code of Civil Procedure shall apply mutatis mutandis.
The written decision should contain the following items, and a designated file shall be established and stored for at least three years:
1. Names and residences of both parties.
2. Mediation decision(including payment amount).
3. The facts of the case, the claims of the parties, evidence and legal basis.
4. Whether the establishment of the mediation is accepted by agreement of both parties or rejected by the parties; or whether the mediator(s)directly made the decision for mediation in accordance with Paragraph 4, Article 27.
5. Date of mediation.
Article 30
If the written decision is miswritten, miscalculated, or other similar obvious mistakes, the Institution may correct it at any time or upon application; the same shall apply where the original copies does not match.
Upon the applicant requests, where the mediation decision contains mistakes due to omission, the Institution may conduct supplement mediation at any time or upon application.
Article 31
The competent authority may, upon request of the Institution or the complaint is serious or emergent, the competent authority may directly intervene in the case to handle the disputes.
Where the telecommunications consumer dispute is due to the same cause and involves more than 20 telecommunications consumers, the Institution shall deal with such disputes as soon as possible, and notify the competent authority of such disputes.
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