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Procedures for Expression of Opinions and Oral Argument for Protection Cases of the Civil Service Protection and Training Commission

Procedures for
Expression of Opinions and Oral Argument for Protection Cases
of the Civil Service Protection and Training Commission

CSPTC Gong-Bao-Zi No.  0990011771A, September 3, 2010

1. Unless otherwise specified by law, procedures for the Civil Service Protection and Training Commission (hereinafter referred to as “the CSPTC”) to deliberate protection cases, hear expression of opinions and conduct oral arguments shall be as follows.

2. As specified by Article 18 of Regulations Governing the Review of the Protection Cases by the CSPTC, in order to notify a person filing a protection case (hereinafter referred to as the “Appellant”) to conduct expression of opinions or an oral argument, a notice shall be served to him/her and the relevant agencies no later than 5 days before the beginning of the meeting. In special circumstances, the Appellant  shall be notified via telephone or email, which shall be recorded and included in the file.

The notice specified in the preceding paragraph shall indicate the following items:
i. Cause of action, opinions to be expressed or the subject of the oral argument;
ii. Date, time and place of expression of opinions or oral argument;
iii. Certification documents to be taken by the Appellant :
1. if the Appellant  appears personally, a personal identification document;
2. if the Appellant  appears along with or through a duly authorized representative, a Letter of Authorization and the Agent’s personal identification document ;
3. If the Appellant  appears along with the Assistant, the Assistant’s personal identification document.
iv. Any person assigned by a relevant agency to express opinions or conduct an oral argument shall present the document certifying the assignment issued by the agency he/she serves
v. Action to be taken on the person or relevant agency to whom the notice is served if there is failure to arrive at the designated meeting place and date.
3. The person appearing personally to express opinions or conduct an oral argument will not be allowed to enter the meeting place if personal identification documents cannot be presented.

4. If, after review, the CSPTC decides any Appellant has no justifiable reason to express opinions or conduct an oral argument, or it is obviously unnecessary to express opinions or conduct an oral argument, the SCPTC shall explain its reasons in the Decision.

5. The expression of opinions or oral argument may be conducted during the Committee Meeting or the Meeting of Review Board of Protection Cases, or may also be heard by 2 full-time commissioners.
If the expression of opinions or oral argument is heard by 2 full-time commissioners(as specified in the preceding Paragraph), summary of the opinion expression shall be produced and submitted to the Review Board of Protection Cases for review.
6. No person appearing personally to express opinions or conduct an oral argument shall be allowed to  audio record, video record, or photograph the meeting.
7. If a protection case is jointly filed by multiple parties, up to 3 of them shall be selected as representatives. The SCPTC will notify the selected representatives to appear and conduct expression of options or oral argument. No person without notification will be allowed to enter the meeting place.
If relevant agencies assign persons for expression of opinions and an oral argument, each of the relevant agencies shall assign up to three(3) persons.

8. If any person conducting expression of opinions or oral argument is found to be in any of the following circumstances, he /she will not be allowed to enter the meeting place, or will be ordered to leave if already having gained entrance to the meeting place:
i.  is under the influence of alcohol, under the influence of illegal drugs or in an abnormal mental status;
ii.  is carrying any dangerous articles or any other object inappropriate for the meeting place;
iii. is carrying any audio recording, video recording or photographing device;
iv. any other  circumstance which may disturb the meeting order.
                  Articles referred to in the preceding sub-paragraph ii and sub-paragraph iii shall be  kept by the SCPTC till the person conducting the expression of opinions or oral argument leaves the meeting place.
9. When a person receiving the notice to appear at the meeting place fails to appear on the designated date, the Chairman may start or terminate relevant procedures, unless such person’s application for postponing the meeting is determined by the SCPTC as justified, and the date to appear has been designated otherwise.
Unless there is any special reason, the application for postponing the meeting shall be filed to the SCPTC at least one (1) day prior to the original designated date This applicagtion shall be in written form or via telephone, and such an application may be filed only one(1) time. The opportunity to conduct an expression of opinions or oral argument will be deemed abandoned if there is failure to give notice to the SCPTC one(1) day prior to the original designated date.

10. When arriving at the meeting place, all written materials carried by the person conducting the expression of opinions or oral argument shall be delivered to the personnel of the SCPTC to be distributed to the Commissioners.

11. The expression of opinions and oral argument shall be conducted in Chinese. If any other language is to be used, the person conducting the expression of opinions and oral argument shall appoint an interpreter.

12. The expression of opinions and oral argument shall be conducted in a brief manner. The expression made by the Appellant or the representative of any relevant agency shall be limited to ten (10) minutes. The Chairman may extend the time limit as he/she deems necessary.
All persons shall leave the meeting place at the end of the expression of opinions and oral argument.


13. Any person appearing personally to conduct the expression of opinions or oral argument shall observe the orders of the meeting place and the order and time of speaking, and submit to the commands of the Chairman. He/she shall express opinions with regard to relevant facts and legal comments, and not abuse, personally attack or present any other matters irrelevant to the case. The Chairman has the right to stop any speech or behavior which may hamper the meeting order or deviate from the case; and if necessary, suspend the expression of opinions or oral argument and order the person to leave.
14. Where any unexpected situation occurs in the course of the expression of opinions or oral argument, which cannot be handled by the officials in charge of this case, government officials or security guards shall be notified for help or assistance in light of the actual situation.
 


 


Updated: 2011/10/4   Check the date: 2011/10/4  





Examination Yuan of R.O.C
Ministry of Examination
Ministry of Civil Service
National Academy of Civil Service
Civil Service Protection and Training Commission
No. 1-3, Shihyuan Rd.,Wunshan(Wenshan) District, Taipei 11601, Taiwan, R.O.C.

Tel:886-2-82367000 Fax:886-2-82366919