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

Print Time:2024/04/30 13:01
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Chapter Law Content

Chapter 3 Examination and Review Procedure
Article 16
On receiving the statement of opinion from the BLI, the central competent authority shall refer the application and the statement of opinion to a functional committee consisting of at least 2 members for review and send the results to the review meeting for a final review.
The decision of the preceding examination and review should be made within 3 months while received the Application Form for the Settlement the next day. It can be lengthened when necessary but cannot over 2 months, and has to inform the applicant.
The period of preceding paragraph will be calculated from the next day when one resubmits Application Form for the Settlement following by the proviso in Article 3 paragraph 3. The one who did not resubmits Application Form for the Settlement; the period will be calculated from the next day of expiration of resubmitted duration. The one who follows stipulation of Article 8 for informed to resubmit and correct, then the period will be calculated from the next day of resubmission and correction; for the one who did not resubmit and correct, the period will be calculated from the next day of expiration of resubmission and correction.
Article 17
Disputes with following situations shall not be accepted for examination and approval:
1. The Application Form for the Settlement does not appropriate with the legal procedures not to be able to resubmit and correct; or informed the duration to resubmit and correct but did not do on the appointed date.
2. The applicants apply for examination and review is behind the time which subscribed in Article 3 paragraph 1 or the proviso of paragraph 3.
3. The applicants do not conform to the stipulation of Article 2.
4. The applicants do not conform to Article 6, and had informed the duration to resubmit and correct but did not do on the appointed date.
5. The original appraised and decided had not existed.
6. To reapply for examination and review for the case which had have examination and review or had withdrawn.
7. To reapply for examination and review for non-administrative disciplinary action or items described in Article 2.
For those do not accept for examination and review according to preceding stipulations of subparagraph 1 or subparagraph 2, its original appraised and decided were indeed illegal or inappropriate, the BLI or the central competent authority can withdraw or change it standing on their authority of office.
Article 18
For the decisions of examination and review must according to the standard that other law concerns with or without existence, while the law concerns are not certain yet, the process of examination and review can be stopped temporarily and inform the applicant in accordance with the authority of office or applicants' application.
Article 19
If the applicant is dead, then his or her successor or another person who, by law, has inherited the rights or benefits of the original authorization shall be subject to the examination of the application.
If a legal person is destroyed by a merger, the legal person that has been created by the merger or has survived the merger shall be subject to the examination of the application.
For those which are subject to the examination of the application in accordance with the provisions of the two preceding items of this article, they shall submit documents of proof regarding the inherited rights from death or merger to the BLI or central competent authority within 30 days of the occurrence of such events.
Article 20
Examination and review affairs can be reviewed and authenticated by experts, if it is necessary, then submit to Committee of E&R for examination and review.
It can be rendered to each according to review or authentication described in preceding paragraph, the standard of expenses shall be provided by the central competent authority.
Article 21
Committee of E&R will judge examination and review affairs, for the affair with the necessity of re-examination for insured person's injury and sickness or degree of disability, they can ask for re-examination by assigned hospital for special physician. Insured person can not refuse re-examination without proper reason.
The charge of re-examination described in preceding paragraph will be paid by BLI.
Article 22
If the BLI cannot present an opinion with the necessary documents on file by the deadline specified in paragraph 3 under Article 5, to the central competent authority, the review meeting may revoke the original examination and approval of BLI and return the case to BLI for a new round of decision-making for approval.
For the applications of examination and review without reason, the committee shall turn down the application according to examination and approval.
The original examination and approval of BLI relies on reason by although to be is improper, but takes other reason warrants, should apply for the consideration as unreasonably by.
The application consideration has the reason; the committee shall rescind whole or part of original examination and approval of BLI and regard plot of the event to change the examination and approval directly or send back to BLI for another disciplinary action. But to the applicant indicated refuses to accept in the scope, can not have much detrimental examination and approval or disciplinary decision.
Article 23
The result of examination and review of Article 22 ought to complete the Examination Report, and will send it to the applicant and BLI separately in 15 days after examination and review.
The BLI has to carry out the result of examination and review of preceding paragraph within 15 days while the Examination Report is sent in BLI the next day.
The Examination Report of first paragraph should be annotated if one refused to accept the result of examination and review, one can transcribe and submit Administrative Appeal Form to the central competent authority via BLI to appeal within 30 days when one received the Examination Report the next day.
Article 24
Examination Report shall be recorded clearly the following items:
1. The applicants' name, birthdate (Year, Month, Day), resident address, serial number of the identification document. If the applicants were Insured Units, then the Insurance Units' serial number of Insurance Certificate, address and name of the person in charge were needed.
2. With legal representatives, the name, birthdate (Year, Month, Day), resident address, serial number of the identification document.
3. The main body of a court verdict, facts and reasons. For those are not accepted and made decision, should not be recorded.
4. Examination Authority and its commander.
5. Year, Month, Day.
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