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

Print Time:2024/11/23 23:49
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Chapter Law Content

Title: Civil Service Protection Act CH
Category: Civil Service Protection and Training Commission(公務人員保障暨培訓委員會)
Chapter VI Execution
Article 89
The enforcement of the original administrative action, any management measure or relevant working condition rendered shall not be suspended by the commencement of any procedure stipulated in this Act.
While the legality of the original administrative action is obviously suspicious, or its execution will cause irreparable damage, and urgent situations exist and there is no necessity of protecting the significant public interest, the CSPTC, the original action agency or the service agency, ex officio or by request, may suspend the execution of the originaladministrative action, management measures or relevant workingcondition rendered in whole or in part.
Article 90
While the reason to suspend the execution is eliminated or there is a change of circumstances, the CSPTC, the original action agency or the service agency may, ex officio or by request, revoke the suspension of the execution.
Article 91
While a decision with respect to a Protection Case made by the CSPTC is final, it shall bind all relevant agencies. So is the mediation agreement made by the CSPTC.
The original action agency shall reply to the CSPTC about the handling situation within 2 months from the next day the deliberation decision is final. The period may, if necessary, be extended, provided that the extension period is less than 2 months and the petitioner and the CSPTC are notified.
The service agency shall reply to the CSPTC about the handling situation within 2 months from the next day the re-appeal decision is served. The period may, if necessary, be extended, provided that the extension period is less than 2 months and the re-appellant and the CSPTC are notified.
While a Protection Case is successfully mediated, the original action agency or the service agency shall reply to the CSPTC about the handling situation within 2 months from the next day of the receipt of the mediation agreement.
Article 92
While the original action agency or the service agency fails to handle within the period stipulated in the preceding Article, the CSPTC shall submit evidence to and transfer to the Control Yuan the person with fault to be handled in accordance with laws. However, while the person with fault is under the junior rank, ninth-grade, the CSPTC shall notify the original action agency or the superior agency of the service agency to handle in accordance with laws.
While the person with fault in the preceding paragraph is the head of the legislative branch, the CSPTC shall fine him/her a sum between NT$100,000 and NT$1,000,000 and publish the facts of fault.
The fine prescribed in the preceding paragraph that has not been paid within a specific period upon the notice to do so within such a period shall be subject to compulsory enforcement in accordance with laws.
Article 93
The decisions and their enforcement of the Protection cases shall be periodically published in the Government Communique and publicized on agencies’ websites.
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