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Ordinance On The Rules Of Procedure Of Appeal Against Agency

Original Language Title: Bekendtgørelse om forretningsorden for Ankestyrelsen

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Table of Contents

Chapter 1 Operation of the AnkeStyle

Chapter 2 Composition of the Board of Applection

Chapter 3 Preparation of the cases, decisions on the deadline and admission of proceedings to be taken into consideration as a general or principle

Chapter 4 Detention of meetings and other meetings

Chapter 5 Decisions and so on.

Chapter 6 Inhability

Chapter 7 Attorney-client privilege, public access to documents and public opinion

Chapter 8 Entry into force

Publication of the Rules of Procedure of the Board of Appeal

Under section 58 of the law on legal security and administration in the social field, cf. Law Order no. 877 of 3. On September 2008, the following shall be :

Chapter 1

Operation of the AnkeStyle

§ 1. The Board of Appeal is a complaint authority for administrative decisions, to the extent that it is laid down by law.

Paragraph 2. A separate Rules of Procedure shall be laid down for the Employment Committee of the Employment Committee, cf. Act 59 e.

§ 2. The Board of Appeal shall be the secretariat of the Agency for the Agency for Safety and Equal Treatings.

Paragraph 2. Special procedures shall be laid down for the two fists, cf. § 81 a, paragraph. 12, in the work environment and section 3 (3). Six, on the Equal Treatings Board.

§ 3. The Board of Appeal Coordinates that decisions which may be brought to the Board of Appeal, the social fists and the employability shall be taken in accordance with the legislation. The Board of Appeal will follow the practices of local authorities, including the job centres, the social name and employment names and guidance on the practices of the Ankeinsters.

§ 4. The Board of Directors shall receive and process statistical information from the local authorities and the latter and shall carry out particular studies and so on.

Chapter 2

Composition of the Board of Applection

§ 5. Decisions of the application shall be taken by :

1) the head of management, the assistant manager and a number of ecchechs ; and

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

§ 6. The members and delegates appointed by the home and social minister for four years at a time.

Paragraph 2. The Domestic and Social Affairs Minister shall designate 90 members according to the recommendation of the Danish Employers ' Association, the Country Organisation in Denmark, the Common Council of Functions and Servants, KL, and Danske Disabilities, each of the nominal 18 Members.

Paragraph 3. As members of the Anchor Board, cf. Article 52 of the Act is not designated persons ;

1) there is a member of a social fistn ; or

2) in the past two whole periods of time have been appointed member of the Board of Appeal or the Employment Committee of the AnkeGovernance.

Paragraph 4. A member of the Board of Appeal may not participate in the treatment of cases relating to a municipality where the person concerned is employed or is a member of the local authority.

Chapter 3

Preparation of the cases, decisions on the deadline and admission of proceedings to be taken into consideration as a general or principle

§ 7. The Board of Appeal is comprised of the head of management, the assistant manager, and a number of head-of-the-head.

Paragraph 2. The head of the Governing Board may, in accordance with the law of the Section 59, leave its powers under the legislation of the head of the deputy and the Ancecechs, and the Anchechs may, on the basis of guidelines laid down by the chairman, leave their powers under the legislation to : employed persons who have passed the law, state scientific or economic exams or other equivalent exams.

Paragraph 3. The Secretariat of the AnkeGovernance shall receive advice from a number of medical consultants who are set in the Secretariat. The medical consultants must act as specialist medical practitioners in the field of health care services to be employed as a consultative consultant at the Board of Appeal.

§ 8. The Head of Governors determines the order of processing of the complaints that they have received.

Paragraph 2. The head of the board is setting rules on the distribution of cases between the Ancheners.

§ 9. The AnchManager shall decide whether or not a complaint is to be admitted to treatment or rejected because it cannot be dealt with by the Board of Appeal.

Paragraph 2. Complainant storage, which cannot be dealt with by the Danish Administrative Board, shall be forwarded as far as possible to the appropriate authority and the appeal shall inform the complainant of the appeal.

§ 10. The AnchManager shall decide whether or not a complaint is to be accepted or rejected because the draft deadline has not been complied with.

Paragraph 2. The AnchManager shall decide whether there are grounds for dispensor from the time limit.

§ 11. The AnchManager shall take a decision within 14 days to decide whether or not the Board of Appeal should deal with complaints which, in accordance with the legislation, can only be dealt with by the Board of Appeal, if they are of principle or of general importance, cf. Section 57 of the law. 1. The decision of the head of the head, whether the case is of principle or general interest, shall be communicated to the complainant in a written reasoned decision.

§ 12. The applicant shall send the complaint to the authority which has taken a decision in the matter for the purpose of re-evaluating the case if the case has not been re-evaluated in accordance with the rules on the re-evaluation of decisions relating to complaints.

§ 13. The applicant shall send a confirmation of the complaint to the complainant and to any other party in the case, specifying the expected case processing time if the appeal is accepted for processing. The head of the appeal shall inform the complainant of his rights and his duty to provide information.

Paragraph 2. The head of the appeal shall inform the complainant that, if necessary, the Board of Appeal will obtain information on health and social conditions unless the complainant refuses to grant consent to the inclusion before one of the AnkeManagement Board has set a time limit. The Administrative Board shall inform the complainant that the case will be determined on the basis of the information which is already available in the case if the complainant does not agree that the AnkeManagement Board may obtain the information. In cases where the Danish Agency for the law may obtain information without the consent of the complainant, the complainant shall be informed of the complainant.

§ 14. The head of the Ankecefan is responsible for the fact that this matter is being properly informed before the decision.

Paragraph 2. The parties have the opportunity to participate in and monitor the proceedings, among other things, by making comments or new information, and by commenting on any new information which the Ankeout Board will collect in the case.

Paragraph 3. The parties may make comments in writing or orally at a meeting with the Secretariat.

§ 15. The decision of the head of the head for the application of section 9 to 11 may not be brought to the second administrative authority.

Chapter 4

Detention of meetings and other meetings

§ 16. The Board of Appeal exercises his company in anchemes.

Paragraph 2. The head of management, the assistant manager, or the responsible head of responsibility, shall appoint a President of the individual meetings.

§ 17. The chemans aren't public. The parties, or representatives of these, are not entitled to be present during the chemo, cf. however, paragraph 1 2.

Paragraph 2. In the context of the treatment of cases of compulsory intervention to children and young people, in accordance with Chapter 11 of the Law on Social Services, an appeal shall be held immediately before the decision is taken where the holder of the custody and the child, or the person concerned, shall be taken into consideration ; Young people, the lawyer and possible bidders are given the opportunity to express their views on the Board of Appeal.

§ 18. The chemo is quorum when both of the members of the crew are present, cf. Section 53 of the law.

Paragraph 2. If a crew member doesn't show up, the chemo will be cancelled. However, if a Member is to be prevented from reaching the meeting, however, if both the members of the crew agree, the appeal may be made, exceptionally, that the cases are still being dealt with at the meeting where one appointed Member is not in the presence of one person. After the meeting, the Member who was not present at the meeting was a telephone call. If there is a difference of opinion between Members, if the reasons are to be decided, no decision will be taken, and the matter will be dealt with in a new anti-food court.

§ 19. Decisions taken on a chemo are written in a decision record. The minutes shall not render the discussions at the meeting, cf. however, paragraph 1 2.

Paragraph 2. However, a Member may ask for a specific position on a short justification for this written in the minutes.

20. The head of the Ankechefer calls the meetings, held as often as it is necessary. The Head of Governing Control decides which members to call. Invocation for meeting must take place as a general rule with at least 2 weeks ' notice. If a member is prevented, another can be called with shorter notice. However, members of the Member States may always require at least 1 week of notice.

Paragraph 2. The agenda for the sitting, as well as the necessary material, shall be sent out on a reasonable notice, as far as possible within one week before the meeting. The other acts shall be reviewed at the request of the Member States.

Paragraph 3. The Executive Director may decide that the time limits referred to in paragraph 1 may be short-breviated for certain cases. One and two.

Chapter 5

Decisions and so on.

§ 21. The decisions of the application shall be made in writing, in writing, in accordance with the explanatory statement. Section 70 of the law. Any special position of any Member State shall not be included in the decision.

§ 22. Upon request, the parties concerned may be informed of the name of the President and the members of the appointed members who have participated in the decision of the case. It may also be stated which organization the members of the crew are disposed of.

Paragraph 2. The parties may, upon request, obtain the name of any medical consultant who has participated in the case.

-23. The Board of Appeal shall publish in anonymised and, where appropriate, summarised form decisions, which are of principle importance or are of general interest and which are suitable for guidance on the Practedo's Practement.

§ 24. The Board of Appeal is independent of instructions for the processing and decision of the individual case, cf. Article 68 (2) of the law. 1.

Paragraph 2. The decisions of the Executive Board may not be brought to the second administrative authority.

Paragraph 3. If there is a case that is settled by the Board of Appeal, new material information, the appeal for the appeal may take the matter up to the review and decision, cf. Section 57 of the law. 2.

Chapter 6

Inhability

§ 25. For the Employees, including medical consultants, and for the members of the Board of Appeal, the rules shall apply in accordance with section 3-6-6 on inhabilitation. In addition to the medical consultants, the rules on the inhability of medical consultants are also applicable in Chapter 6 of the notice of legal certainty and administration in the social field.

Paragraph 2. The individual has a duty to draw the attention of the President-in-Office to the attention of the fact that might be inhabiliable. This must be done as quickly as possible before the meeting, so that another Member may be involved in dealing with the matter.

Paragraph 3. If there is any doubt about the urgency of a Member, the question will be decided at the meeting. The member will take part in its decision, cf. the rules on inhability in Chapter 6 of the notice of legal security and administration in the social field.

Chapter 7

Attorney-client privilege, public access to documents and public opinion

SECTION 26. Employees and members of the Board of Appeal staff shall be bound by professional secrecy.

§ 27. The parties to the matter may be given access to the rules in the administrative act and the law on the law.

Paragraph 2. Where a case is closed, the Danish Administrative Board may, at the request of the Commission, make available to the parties concerned in the internal medical statements contained in a medical report, after written or verbal presentation, or in a meeting reference. The actomial view shall be given in accordance with the rules on the general public, Article 4 (4) of the public. ONE, TWO. Act. However, the Board of Appeal may not grant access to a medical report by reference to the parties to the parties or any other person who is speaking against access to the reports.

Chapter 8

Entry into force

§ 28. The announcement shall enter into force on 1. August 2009.

Paragraph 2. Publication no. 1239 of 5. In December 2006 on the Rules of Procedure of the Administrative Board shall be repealed

Domestic and Social Services, the Third. July 2009Karen Ellemann / Eva Pedersen