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Chapter Law Content

Title: People with Disabilities Rights Protection Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 7 Penal Provisions
Article 86
Anyone who violates the regulations of Paragraph 1 of Article 16 will be fined a sum no less than NT$100,000 and no more than NT$500,000.
Anyone who violates the regulations of Article 74 will be fined a sum no less than NT$100,000 and no more than NT$500,000 by the competent authority in charge of specific business.
Article 87
Anyone who violates the regulations of Paragraph 1 of Article 40 will be fined a sum no less than NT$100,000 and no more than NT$500,000 by the municipal and county (city) competent authority in charge of labor.
Article 88
Where the regulations of no improvement, or no alternative improvement plan submitted, or the improvement not completed within the time limit specified in the approved improvement plan (in charge of the management of public buildings, gathering places and public transports), referred to in Paragraph 3 of Article 57, are violated, the competent authorities of individual levels may stop using the public buildings, gathering places, and public transports, and fine the owner or the principal of the management department/agency a sum no less than NT$60,000 and no more than NT$300,000, and order improvement within a stipulated time limit. In case improvement is not completed within the stipulated time limit, the competent authorities may continue to issue fines till the improvement is completed, and can cut the water or electricity supply, or shut them down completely and dismantle it coercively where necessary.
The competent authorities shall establish a fund and use the fines as the incomes of the fund to improve and promote access-free equipment and facilities/installation. Regulations on management and use of the fund shall be prescribed by the central competent authorities in charge of specific business.
Article 89
Whereas a welfare care facility/institution for people with disabilities is opened without permit/approval of the establishment in accordance with Paragraph 1 of Article 63, or without juristic corporator registration within the specified time limit in accordance with Paragraph 2 or 3 of Article 63, the principal will be fined a sum no less than NT$60,000 and no more than NT$300,000. The competent authority may publicize the name of the principle, and may order improvement within a stipulated time limit.
During the stipulated time limit mentioned above, the welfare care facility/institution shall take no more people with disabilities. The principal of the violating care facility/institution will be fined a sum no less than NT$60,000 and no more than NT$300,000, and may be fined per violation continuously.
Whereas the care facility/institution referred to in Paragraph 1(does not)abide by the order of the competent authority to improve within the stipulated time limit, the principal will be fined a sum no less than NT$100,000 and no more than NT$500,000, and may be fined per violation continuously. The competent authority may publicize the name of the care facility/institution, and may order it to shut down the business.
Whereas the care facility/institution referred to in the above paragraph does not abide by the order of the competent authority to close out the business, the principal will be fined a sum no less than NT$200,000 and no more than NT$1,000,000, and may be fined per violation continuously.
Article 90
Whereas a welfare care facility/institution for people with disabilities violates any of following clauses and is confirmed in the investigation by the competent authorities, the care facility/institution will be fined a sum no less than NT$60,000 and no more than NT$300,000, and ordered to improve within a stipulated time limit. In case the care facility/institution does not improve accordingly after the time limit has expired, it may be fined per violation continuously.
1. One of the clauses listed in Article 75.
2. Provide unsafe facilities /installation or equipment or insanitary food.
3. Other major events sufficient to influence the mental and physical health of people with disabilities.
Article 91
Whereas a welfare care facility/institution for people with disabilities stops its business or dissolves, the competent authority shall appropriately settle down people with disabilities served by the care facility/institution, and care facilities/institutions for people with disabilities shall be cooperative; otherwise, coercive execution may be performed and a sum no less than NT$60,000 and no more than NT$600,000 will be fined.
Regulations on the above takeover procedure, terms, and limitation of the rights & interests of operation and property management, etc., of the care facility/institution under takeover, are prescribed by the central competent authorities.
While the care facility/institution completes the improvement, it shall prepare the related information and documents to apply to the authority concerned for reopening; the reopening planning proposal shall be submitted to the central competent authorities for reference after the review is taken by the authority concerned.
Article 92
During the period of being ordered by the competent authority to improve conditions according to Article 90, 93 and 94, a welfare care facility/institution for people with disabilities shall not take more residents of people with disabilities. and the violator will be fined a sum no less than NT$60,000 and no more than NT$300,000, and may be fined per violation continuously.
Whereas a welfare care facility/institution for people with disabilities does not improve within the time limit stipulated by the competent authority pursuant to Article 90, and Article 93, Section 1-3 the competent authority may order it to shut down the business for no less than one month and no more than one year, and publicize its name.
Any welfare care facility/institution for people with disabilities that is ordered by the competent authority to improve within a stipulated time limit pursuant to to Article 93, Section 4 and has not improved by the stipulated time limit shall be ordered to shut down the business for no less than one month and no more than one year, and publicize its name.
In case the welfare care facility/institution for people with disabilities still does not improve accordingly after the time limit has expired or seriously violates the laws or regulations, the competent authority shall withdraw the permit /approval or, if the care facility/institution is a juristic corporator, dissolve it.
In case the care facility/institution still does not close out the business according to the regulations in paragraphs 2 and 3, it will be fined NTD20,000~1,000,000 per violation continuously.
Article 93
The competent authorities shall periodically guide and evaluate/appraise the welfare care facilities/institutions for people with disabilities pursuant to Paragraph 1 of Article 64. If the competent authorities detect any of the following conditions, the care facility/institution shall be stipulated to improve within a specified time limit. In case the care facility/institution still does not improve accordingly after the time limit has expired, it may be fined a sum no less than NT$50,000 and no more than NT$250,000, and may be fined per violation continuously:
1.The objective of business operation does not meet the target of care facility/institution establishment or the Bylaw of Donation.
2.The care facility/institution violates the standard of original permit/approval to its establishment.
3.The sum of property does not afford to achieve the targeted business, or the care facility/institution submits an dishonest financial report.
4.The care facility/institution is graded as unqualified by competent authorities.
Article 94
Whereas a welfare care facility/institution for people with disabilities is detected any of the following conditions and shall be stipulated to improve within one month. In case the care facility/institution still does not improve accordingly after the time limit has expired, it will be fined a sum no less than NT$30,000 and no more
than NT$150,000, and may be fined per violation continuously if:
1.The care facility/institution does not submit the standard of charges pursuant to Paragraph 4 of Article 63, or it overcharges against the regulations.
2.The care facility/institution does not meet the regulations prescribed by the central competent authorities pursuant to Paragraph 4 of Article 63 to stop, expand, or migrate.
3.The care facility/institution violates Paragraph 1 of Article 65 and does not(establish)a written contract with care receivers or their family members, or include the forbidden items into the contract.
4.The care facility/institution for people with disabilities violates Paragraph 1 of Article 66 and does not insure public liability insurance or is unable to secure its operation.
Article 95
Anyone who violates any of clauses in Article 75 shall be fined a sum no less than NT$30,000 and no more than NT$150,000. The competent authority may publicize the name.
The home caregiver or family member of people with disabilities who violates any clause in Article 75, shall be punished according to the regulation mentioned above. In addition, the(municipal)and county (city) competent authorities shall order him/her to take a family education lesson and guidance no less than eight hours and no more than fifty hours, and to charge for the lesson where necessary. The standards of charges are prescribed by the municipal and county (city) competent authorities.
Whereas the one referred to in the above paragraph(does not)abide by the order of the competent authority to take the family education lesson and guidance or the hours are not sufficient, he/she will be fined a sum no less than NT$3,000 and no more than NT$15,000, and may be fined per violation continuously until the order is taken.
Article 96
Where any of the following conditions occurs, the person or the agency/organization/institution will be fined a sum no less than NT$20,000 and no more than NT$100,000 by the municipal and county (city) competent authorities in charge of labor:
1.An occupational training agency/organization/institution, employment service agency/organization/institution or sheltered workshop violates Paragraph 3 of Article 35 and is ordered to close out the service for improvement within a stipulated time limit, and the agency/organization/institution does not abide by the order, or without any improvement.
2.A private school, association or agency/organization/institution of private sectors violates Paragraph 2 of Article 38 without proper reasons.
Article 97
An agency/organization/institution, association, or private school receiving subsidies from the governments which violates Paragraph 2 of Article 69 without proper reasons shall be fined a sum no less than NT$20,000 and no more than NT$100,000 by the competent authorities in charge of specific business.
Article 98
Those who violate the 1st paragraph of Article 46 shall be fined NT$10,000-50,000 by the competent labor-affairs authorities of the directly-controlled municipality level and the county (city) government level. Additionally, the proprietor or the person in charge of the business establishment where such a violation occurs shall be fined NT$20,000-100,000 and ordered to improve within a time limit. Those who fail to improve upon the expiration of the time limit shall be fined on a per-violation basis. Those who violate the 5th paragraph of Article 46 shall be ordered by the competent labor-affairs authorities of the directly-controlled municipality level and the county (city) government level to improve within a time limit and shall be fined NT$10,000-50,000 on a per-violation basis if improvements have not been made by prescribed time.
Penalty proceeds from the two previous paragraphs shall be incorporated into the exclusive Employment Fund established for people under directly-controlled municipalities and county (city) governments, being used specifically for facilitating the employment of the visually impaired.
Article 99
Regarding domestic air transport enterprises that restrict or refuse to provide transport services to people with disabilities in violation of the 4th paragraph of Article 53 and that charge persons accompanying people with disabilities in violation of the 4th paragraph of Article 58 or public transportation vehicles that have not installed barrier-free facilities as stipulated by the 6th paragraph of Article 53, the competent authority in transportation shall request each offending operator to submit an improvement plan within a limited period of time. In case the public parking area does not improve accordingly after the time limit has expired, the owner or manager will be fined a sum no less than NT$10,000 and no more than NT$50,000.
Whereas a public parking area does not reserve a certain quota of the parking lots for people with disabilities pursuant to Paragraph 1 of Article 56, the competent authority shall order improvement within a stipulated time limit. In case the public parking area does not improve accordingly after the time limit has expired, the owner or manager will be fined a sum no less than NT$10,000 and no more than NT$50,000.
Article 100
Anyone who violates the regulations referred to in Paragraph 2 of Article 16 or in Paragraph 2 of Article 60 will be ordered to improve within a stipulated time limit. In case the persons do not improve accordingly after the time limit has expired, they will be fined a sum no less than NT$10,000 and no more than NT$50,000, and ordered to participate in a four-hour training.
Article 101
Whereas the agency/organization/institution providing sheltered employment violates the regulations referred to in Paragraph 1 of Article 41, the municipal and county (city) competent authorities in charge of labor shall order improvement within a stipulated time limit; in case the agency/organization/institution does not improve accordingly after the stipulated time limit has expired, it will be fined a sum no less than NT$6,000 and no more than NT$30,000, and may be fined per violation continuously.
Article 102
The government employee (civil servant/public official) who carries any of the following behaviors while performing his/her commissions /duties shall be penalized:
1. Violating the regulations of Paragraph 1 of Article 16.
2. Violating the regulations of Paragraph 1 of Article 38,
Paragraph 1 of Article 67, Paragraph 1 of Article 68, or Paragraph 2 of Article 69, without proper reasons.
Article 103
The competent authorities of individual levels in charge of labor shall publicize the violators against the regulations referred to in Paragraph 1 or 2 of Article 38.
The persons who do not abide by the regulations in Paragraph 2 of Article 43 and pay the difference subsidies periodically, will be fined a delinquency charge with overdue fine of 0.2% of the unpaid difference subsidies each day since the day next to the difference subsidies due until one day before the complete payment. The total delinquency charge with overdue fine is limited within one time of the unpaid difference subsidies.
The income of the above delinquency charge shall be included in the exclusive account of the employment fund set up by the municipal and county (city) governments for people with disabilities, and shall be used for exclusive purposes.
Article 104
The fines and reprimandment/penalty under this Act are executed by the municipal and county (city) competent authorities except elsewhere stated.
Article 104-1
To any violation of the provisions of Article 59, the competent authority should order to make improvements within a limited time period. Failure to comply with such order will be warned first, followed by fines of NTD10,000 to NTD50,000 for the second compliance failure; institution and the name of the person in charge will be announced in the case of serious condition