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

Print Time:2024/04/26 04:53
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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 IV Appeal and re-appeal procedure
Article 77
A civil servant may file an appeal and/or re-appeal pursuant to this Act against the management measure or relevant working condition rendered by the agency where he/she serves, which, he/she thinks, is improper and causes the damage to his/her
rights or interests.
While a civil servant receives the management measure or relevant working condition rendered by the agency where he/she originally served, after leaving his/her job, he/she may file an appeal and/or re-appeal pursuant to the preceding paragraph.
Article 78
An appeal shall be filed with the agency within 30 days from the next day after the management measure or relevant working condition rendered in the preceding paragraph is served. While a civil servant is not satisfied with the written reply by the agency where he/she serves or served, a re-appeal may be filed with the CSPTC within 30 days from the next day after the service of the reply.
The agency where the civil servant serves or served in the preceding paragraph refers to the agency which is in charge of the management measure or relevant working condition rendered.
Article 79
While a civil servant mistakenly files an appeal which should bea petition for deliberation, the agency with which the appeal is filed shall transfer it to the original action agency to handle in accordance with the deliberation procedure and notify the civil servant.
While a civil servant mistakenly files with the CSPTC a re-appeal which should be a petition for deliberation, the CSPTC shall transfer it by a letter to the original action agency to handle in accordance with the deliberation procedure and notify the civil servant.
Article 80
An appeal shall be filed in writing which specifies the following items and shall be signed by or bear the seal of the appellant or his/her agent(s):
1.The name, date of birth, domicile or place of residence, National Identification Number or identification document and number, service agency, title, rank, and grade of the appellant. While there is a agent, his/her name, date of birth, occupation, domicile, place of residence or place of office, and National Identification Number or identification document and number;
2.The claims;
3.The facts and reasons;
4.The evidence;
5.The date which the management measures or relevant workingcondition were served;
6.The date of filing.
The stipulation in the preceding paragraph shall apply mutatis mutandis to a re-appeal.
Article 81
The agency where the civil servant serves shall reply in writing with sufficient reasons with respect to the appeal case within30 days from the next day after the receipt of the appeal pleading. The period may, if necessary, be extended for 20 days, and the appellant shall be notified. In the event of no reply within the period, the appellant may file re-appeal directly.
The reply in writing with respect to the re-appeal decisionshall have an annexed statement of notification that if there is an objection against the reply, a re-appeal may be filed withthe CSPTC within 30 days.
The re-appeal decision shall be made within 3 months from the next day after the receipt of the re-appeal pleading. The period may, if necessary, be extended for 1 month and the re- appellant shall be notified.
Article 82
Agencies shall provide the CSPTC with the facts, reasons, and handling opinions with respect to the re-appeal case, inquired by the CSPTC, with all necessary related documents within 20 days.
In the event of no reply by agencies within the period stipulated in the preceding paragraph, the CSPTC may make a decision directly.
Article 83
A re-appeal decision shall specify the following items:
1.The name, date of birth, the agency where the re-appellantserves, title, domicile or place of residence, National Identification Number or identification document and number of the re-appellant;
2.The re-appellant with a re-appeal agent, the agent’s name, date of birth, domicile or place of residence, and National Identification Number or identification document and number;
3.The holding, facts and reasoning. While it is a judgment of case not entertained, the facts may be omitted;
4.The agency which makes the decision and its leading officer;
5.Year, month and date;
6.The re-appeal decision by the CSPTC shall have an annexed notification that, based upon the same facts and reasons, no new re-appeal may be filed against the re-appeal decision.
Article 84
The petition for deliberation procedure stipulated in Article26-42, Paragraph 3 of Article 43,Paragraph 4of Article 44, Article 46-59, Article 61-68,Paragraph 1of Article 69, Article70, Paragraph 2of Article 71, and Article 73-76 of Chapter 3 shall apply mutatis mutandis to appeal and re-appeal unlessotherwise stipulated in this Chapter.
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