Ordinance On The Rules Of Procedure Of Appeal Against Agency

Original Language Title: Bekendtgørelse om forretningsorden for Ankestyrelsen

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=125918

Overview (table of contents) Chapter 1 Reviewing Agency's function

Chapter 2 the reviewing Agency's composition

Chapter 3 Preparation of cases, decisions on the appeal deadline and admission of the case for the treatment as a general or fundamental

Chapter 4 organisation of meetings, etc.

Chapter 5 Decisions, etc.

Chapter 6 or objection

Chapter 7 confidentiality, access to documents and meroffentlighed

Chapter 8 entry into force The full text of the Ordinance on the rules of procedure of appeal against agency

Under section 58 of the Act on legal security and administration in the social field, in accordance with article 3. lovbekendtgørelse nr. 877 by 3. September 2008, lays down the following:

Chapter 1

The reviewing Agency's function

§ 1. The reviewing Agency is the appeal body for administrative decisions, in so far as it is provided by law.

(2). There should be a separate rules of procedure for Reviewing Agency's Employment Committee referred to in article 6. paragraph 59 (e).

§ 2. Reviewing Agency is Secretariat for the occupational safety and health complaints board and the equal treatment Board.

(2). Laid down separate rules of procedure for the two Tribunals, without prejudice. section 81 (a), paragraph 12, of the Act on occupational safety and section 3, paragraph 6, of the law on the equal treatment Board.

§ 3. The reviewing Agency coordinates that decisions can be challenged before the National Board, the social security Appeals Tribunal and employment ankenævnene taken in accordance with the law. The reviewing agency follows the practice in municipalities, including in job centres, the social boards and employment ankenævnene and guidance on reviewing agencies ' practices.

§ 4. The reviewing Agency receive and process statistical information from municipalities and boards of and carry out special studies, etc.

Chapter 2

The reviewing Agency's composition

§ 5. The reviewing Agency's decisions are made by





1) governing head, Deputy head and a number of chiefs and appeal

2) appointed members appointed in accordance with section 52 of the Act.





§ 6. The appointed members and alternates shall be appointed by the Minister of Interior and Minister of Social Affairs for 4 years at a time.

(2). The Interior and the Minister of Social Affairs appoints 90 members on the recommendation of the respectively Danish employers ' Association, the national organization in Denmark, Functionaries and officials ' joint Council, KL and Danish Disability organizations, each of which sets the 18 members.

(3). As members of the Appeal Board may, in accordance with article 3. § 52, not be designated persons





1) who is a member of a social Board, or

2) previously in 2 whole periods has been appointed a member of the National Board of Appeal or appeal against Agency's Employment Committee.





(4). A member of the Appeal Board may in accordance with section 54 does not participate in the processing of cases involving a municipality where the person is employed or is a member of the Municipal Council.

Chapter 3

Preparation of cases, decisions on the appeal deadline and admission of the case for the treatment as a general or fundamental

§ 7. Appeal against Agency's secretariat consists of the governing head, Deputy head and a number of appeal bosses.

(2). The Steering head may, in accordance with section 59 of its powers under the law to the Deputy head and the heads, and the heads of the reviewing appeals may, in accordance with the guidelines laid down by the governing head, leave their powers under the legislation to staff members who have passed the legal, scientific or economic state exam or other equivalent exams.

(3). The reviewing Agency's secretariat receives advice from a number of medical consultants, recruited in the Secretariat. Medical consultants will act as specialists in the health sector in order to obtain employment as a medical officer consultant in Reviewing Agency.

§ 8. The governing head determines the order for the processing of the complaints.

(2). Governing Chief lays down rules on the distribution of cases between the heads of the appeals.

§ 9. Ankechefen shall decide whether a complaint should be included for processing or rejected because it is not in accordance with the law can be dealt with by an appeal board.

(2). Complaints, which are not under the law can be dealt with by the reviewing Agency, as far as possible, be sent on to the appropriate authority, and ankechefen gives the complainant accordingly.

§ 10. Ankechefen shall decide whether a complaint is to be admitted to treatment or are refused because of the appeal deadline has not been respected.

(2). Ankechefen shall decide whether there are grounds to dispense with appeal deadline.

§ 11. Ankechefen shall within 14 days a decision on whether or not the Appeal Board shall deal with complaints, which under the law can only be processed by the Agency, if the Appeal is of fundamental importance, without prejudice or General. § 57, no. 1. the Manager's decision on whether the case is of general importance shall be communicated to the complainant in principle or a written reasoned decision.

§ 12. Ankechefen sends the complaint to the authority which has taken the decision in the proceedings for the purpose of reassessment of the case, if the case has not been revised in accordance with the rules concerning the re-evaluation of decisions in connection with complaints.

§ 13. Ankechefen sends an acknowledgement of receipt of the complaint to the complainant and any other parties to proceedings, with an indication of the expected processing time, if complaint admitted to treatment. Ankechefen shall inform the complainant of their rights and of their duty to provide information.

(2). Ankechefen will inform the complainant to appeal Agency, if necessary, will provide information on health and social conditions, unless the complainant refuses to consent to the provision within a period specified by the National Board of Appeal. The reviewing Agency informs the complainant that the case will be decided on the basis of the information already available in the case, if the complainant did not consent to that Appeal Board may obtain the information. In cases where the reviewing agency under the law can collect information without the complainant's consent, the complainant will be informed accordingly.

§ 14. Ankechefen is responsible for the case will be properly informed before the decision.

(2). The parties have the opportunity to participate in and follow the treatment of the case, among other things, to come up with comments or new information, and by commenting on any other new information which Appeal Agency obtains in the case.

(3). The parties may submit comments in writing or orally at a meeting with the Secretariat.

§ 15. Appeal against the Manager's decisions in accordance with §§ 9 – 11 may not be brought before another administrative authority.

Chapter 4

Organisation of meetings, etc.

§ 16. The reviewing Agency operates in the appeals meetings.

(2). The head, Deputy head or governing the responsible Chief shall designate a Chairman of the appeal of individual meetings.

§ 17. Reviewing the meetings shall not be public. The parties, or representatives of these, have no right to be present at the appeal meeting, see. However, paragraph 2.

(2). In connection with the treatment of cases of coercive action against children and adolescents in accordance with Chapter 11 of the law on social service, held an appeals meeting immediately before the decision is taken, where the holder of parental authority et al., the child or the young person, the lawyer and any associate judges will have the opportunity to speak out in the face of the Appeals Board.

§ 18. Anke meeting is quorate when both the appointed members are present, see. § 53.

(2). If an appointed member fails to appear, the appeal meeting is cancelled. If a member of the emergency will be prevented from reaching the meeting, however, if both the ankechefen appointed members agree, in exceptional circumstances, decide that the cases are dealt with at the meeting anyway, one appointed member is not physically present. After the meeting is out the Member who was not present at the meeting by telephone. If there is disagreement between members, on how the cases should be decided, there won't be a decision, and the matter will be dealt with on a new appeal meeting.

§ 19. Decisions taken at a meeting in a written motion for appeal proceedings. The minutes shall not render the discussions at the meeting, see. However, paragraph 2.

(2). A member may, however, require a særstandpunkt with a short justification written in the minutes.

§ 20. Ankechefen shall convene the meetings, which are held as often as necessary. Governing the boss determines which members should be convened. Notice convening the meeting must, as a general rule, be done with at least 2 weeks notice. A member is prevented, can another be convened with shorter notice. Appointed members can, however, always require at least 1 week's notice.

(2). Agenda for the meeting, as well as the necessary material will be sent out with a reasonable notice, as far as possible, no later than 1 week before the meeting. These proceedings are other documents must be for review at the members ' request.

(3). The governing head can determine that for certain cases can happen shortening of the time limits referred to in paragraphs 1 and 2.

Chapter 5

Decisions, etc.

§ 21. The reviewing Agency's decisions shall be made in writing with reasons, see. section 70. A member any særstandpunkt should not be entered into the decision.

§ 22. On request the parties to get the name of the President and the appointed members who have taken part in the decision. It can also be stated as to which organization the appointed members are nominated by.

(2). The parties may, upon request, obtain the name of a possible medical consultant who participated in the proceedings.


§ 23. The reviewing Agency shall publish in anonymous and possibly summarised form decisions of fundamental importance or have general interest and which are suitable as guidance on Reviewing Agency's practice.

§ 24. The reviewing Agency is in his business independent of instructions on the individual case processing and decision, see. Article 68, paragraph 1.

(2). Appeal decisions cannot be challenged before the other agency's administrative authority.

(3). Resulting in a matter that is decided by the reviewing Agency, new material information that can ankechefen take the matter up for reconsideration and decision, see. § 57, no. 2.

Chapter 6

Disqualification

§ 25. For Reviewing Agency's employees, including medical officers, and for the appointed members shall apply the rules of administrative law sections 3-6 of disqualification. For medical consultants also rules on medical consultants or objection applies in Chapter 6 of the Executive order on legal security and administration in the social sphere.

(2). The individual has a duty to make himself Chairman of appeals meeting aware of circumstances which may result in disqualification. This must happen as soon as possible before the meeting so that another Member can be involved in the treatment of the case.

(3). If at the meeting raised doubts about the capacity of a member, determined at the meeting. The Member is participating even in the decision thereof, see. the rules on disqualification in Chapter 6 of the Executive order on legal security and administration in the social sphere.

Chapter 7

Confidentiality, access to documents and meroffentlighed

section 26. That is the responsibility of staff and appointed members in Reviewing agency secrecy.

§ 27. The parties can have access to documents in accordance with the provisions of the administrative procedure code and the Danish.

(2). When a case is closed, can appeal against agency, on request, give the parties access to the internal medical opinions, as is contained in a medicinal konsulentrapport-after written or oral submission or in a meeting. Inspection of the files shall be granted in accordance with the rules of meroffentlighed, cf. section 4 disclosure (1), (2). item Appeal Agency shall not be required to grant access to a doctor konsulentrapport if there are essential reasons to the parties or other persons who speak against public access to reports.

Chapter 8

Date of entry into force of

section 28. The notice shall enter into force on the 1. August 2009.

(2). Executive Order No. 1239 of 5. December 2006 on the rules of procedure for Reviewing Agency is abolished.
The Interior and the Ministry of Social Affairs, the 3. July 2009, Karen Ellemann/Eva P