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

Print Time:2024/04/19 16:44
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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 V Mediation procedure
Article 85
The CSPTC may assign Vice Minister or one to three Commissioner(s) ex officio or by request to mediate during the review of the Protection Cases.
While a protection case is jointly filed by multiple parties, the mediation in the preceding paragraph shall not be processed unless their representative(s) obtain the written consent from all petitioners or re-appellants.
Article 86
The CSPTC shall notify in writing the petitioner, re-appellant, or his/herrepresentative or agent, and the relevant agency to undertake a mediation at the designated place on the designated date.
The agent in the preceding paragraph shall not participate in the mediation unless a certification of the special authorization is submitted.
While a petitioner, re-appellant or his or her representative or agent with special authorization, and relevant agencies fail to appear at the designated place on the designated date without justification, the mediation shall be deemed as unsuccessful. However, the CSPTC may designate another mediation session in case it is of the opinion that the mediation is likely successful.
The process and result of the mediation shall be made on record, either signed by the mediation participants or, if the participant(s) refuses to sign, indicating the facts and reasons.
Article 87
While a Protection Case is successfully mediated, the CSPTC shall make a mediation agreement, specifying the following items, and notify by letter, the petitioner, re-appellant, his or her representative or agent with special authorization, and relevant agencies:
1.The name, date of birth, the agency where the petitioner or re-appellantserves, title, domicile or place of residence, National Identification Number, identification document and number of the petitioner or re-appellant;
2.The petitioner or re-appellant with a representative or agent with special authorization, the representative’s or the agent’s name, date ofbirth, domicile or place of residence, and National Identification Number, identification document and number;
3.The name of the Vice Minister and the Commissioner(s) participating in the mediation;
4.The subject of mediation;
5.The contents of the mediation agreement;
6.The place of the mediation agreed;
7.The year, month, and date of the agreed mediation.
While a Protection case is successfully mediated, the CSPTC shall terminate its review procedure.
Article 88
While a Protection Case is not successfully mediated, the CSPTC shall directly make a decision pursuant to the deliberation or re-appeal procedure stipulated in this Act.
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