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Chapter Law Content

Chapter 2 Organizations Handling Public Disputes
Subchapter 2 Arbitration Panel
Article 9
The Environmental Protection Administration of the Executive Yuan, shall set up a Public Nuisance Dispute Arbitration Panel (herein referred to as the “Arbitration Panel”) to arbitrate public nuisance disputes over damage claims unresolved by mediation procedures.
Article 10
The Arbitration Panel shall consist of one chairperson and from seven to eleven members.
The members of the Arbitration Panel shall be selected by the director of the Environmental Protection Administration, Executive Yuan, from among respected impartial individuals with expertise in environmental protection, law, medicine, or other relevant disciplines. The list of selected members shall be submitted to the Executive Yuan for approval prior to appointment.
Article 11
The chairperson of the Arbitration Panel shall serve full-time. Other members of the panel may serve part-time.
The chairperson of the Arbitration Panel shall possess one of the following qualifications:
I. be a qualified judge, prosecutor or public defender
II. be a qualified lawyer
III. have served as a full-time professor for two years, or full-time associate professor for three years, in the law department or in a legal research institute at a public or a registered private university or independent college, or have lectured on legal subjects for more than three years
IV. have served for more than five years in a government legal or appeals agency at any government level, and have more than three years experience of handling affairs concerning laws and regulations or appeals.
Article 12
The organizational rules of the Arbitration Panel shall be drafted by the Environmental Protection Administration of the Executive Yuan, and be submitted to the Executive Yuan for approval prior to promulgation.
Article 13
The regulations in Article 6 and 7 shall apply to the members of the Arbitration Panel.