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Chapter 2 The High Administrative Court
Article 6
Each province, municipality, and special district shall have a High Administrative Court. However, for regions with a small jurisdiction or light work-load, one High Administrative Court may be shared among several provinces, municipalities, and special districts; for regions with a vast jurisdiction or heavy work load, the number of High Administrative Courts may be increased. The divisions or changes of jurisdiction areas of a High Administrative Court shall be prescribed by the Judicial Yuan.
Article 7
Cases under the jurisdiction of the High Administrative Court are as follows:
1. Appeal cases that are filed in the Ordinary Proceedings of an administrative procedure because of objections to an adjudicated decision or to legal regulations that are deemed as a decision. However, if otherwise provided by law, the provisions of that law shall prevail.
2. Appeal cases that are filed because of objections to the First Instance judgments of the administrative court of a District Court.
3. Appeal cases that are lodged against the ruling of the administrative court of a District Court.
4. Other cases provided by law that are under the jurisdiction of the High Administrative Court.
Article 8
A High Administrative Court shall have one President, which is served concurrently by a Judge, with a position ranking of selection rank of the 13th to 14th grade who is in charge of the overall administration of the court.
The President of the High Administrative Court as described in the preceding Paragraph shall be selected from those who have the job qualifications of a Supreme Administrative Court Judge, Supreme Court Judge or a Supreme Court Prosecutors Office Prosecutor, who also has the leadership ability.
Article 9
The number of divisions in the High Administrative Court is dependent on the case load; if necessary, special tribunals may be set up.
Each division shall have one Division Chief Judge with a selection rank of 11th to 13th grade, to be served concurrently either by the judge who serves as the President on a concurrent basis or by any of the rest of the judges. The Division Chief Judge shall oversee the divisional affairs.
Article 10
Each division of the High Administrative Court shall have three judges, each with a selection rank of 10th to 11th grade or a recommendation rank of 9th grade.
Judges who have served continuously on the High Administrative Court for over two years may be promoted to a selection rank of 12th to 14th grade. Those who are qualified for promotion pursuant to Paragraph 2, Article 12 of the Court Organization Act may be promoted to a selection rank between the 12th and 13th grade or between the 12th and 14th grade.
Judges who have been selected to serve on the High Administrative Court for over two years and have been transferred to serve as the President on a concurrent basis, or Division-Chief Judge, or Judge of a District Court or its branch, may be promoted to a selection rank of 12th to 14th grade.
The High Administrative Court Judge's years of service and the past years of service of being a Judge in a High Court, or Intellectual Property Court, or a Prosecutor in a High Court Prosecutor Office as described in the preceding two Paragraphs shall be combined in the calculation of service seniority.
To cope with varying work loads, the Judicial Yuan, when necessary, may transfer judges, judges-in-probation, or judges-in-training of the District Court or its branch to the High Administrative Court, with an allotment of one to three judges for each court division, to assist with trial proceedings, substantive analysis, information collection and analysis, and drafting of judgments.
When necessary, the High Administrative Court may have judicial assistants to help with the management of trial proceedings, procedural analysis, and information collection and analysis. The positions of judicial assistant are to be filled with professional personnel in accordance with relevant applicable laws, or by transferring personnel from other courts, or administrative courts or other judicial personnel, or by temporarily transferring personnel from other appropriate agencies.
The years that a judge, a judge-in-probation or a judge-in-training has served on the High Administrative Court shall be counted towards his seniority as a judge, a judge-in-probation, or a judge-in-training.
For those who have a professional qualification, their service years as a Judicial Assistant shall be counted towards the seniority of their professional practices.
The regulations governing personnel selections of Judicial Assistants shall be prescribed by the Judicial Yuan.
The effective dates of the provisions in Paragraphs 2, 3 and 4 are backdated to January 19, 2001; however, the effective date on the portion of Paragraph 2 that was amended on November 1, 2011 shall be backdated to November 26, 2010.
Article 10-1
A High Administrative Court shall have a Judicial Affairs Office. The Judicial Affairs Officer shall have a recommendation rank of 7th to 9th grade. If there are more than two Judicial Affairs Officers, a position of Chief Judicial Affairs Officer will be set up, whose position is a recommendation rank of 9th grade to a selection rank of 10th grade.
The Judicial Affairs Officer as prescribed in the preceding Paragraph must have professional qualifications in finance, tax or accounting.
Article 10-2
Judicial Affairs Officers are in charge of the following affairs:
1. Handling tax data collection and analysis, and providing professional recommendations concerning tax or accounting.
2. Participating in trial proceedings in accordance with the law.
3. Affairs as assigned by other legal provisions.
The scope and date governing each preceding Paragraph that is to be handled by Judicial Affairs Officers shall be prescribed by the Judicial Yuan.