Order Of The President Of The Federal Railway Assets Over The Appointment And Dismissal Of Civil Servants And Officials, About The Transfer Of Powers, The Control Of Powers In The Opposition Proceedings And Representation At Lawsuits...

Original Language Title: Anordnung des Präsidenten des Bundeseisenbahnvermögens über die Ernennung und Entlassung von Beamtinnen und Beamten, über die Übertragung von Befugnissen, die Regelung von Zuständigkeiten im Widerspruchsverfahren und die Vertretung bei Klagen au...

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Read the untranslated law here: http://www.gesetze-im-internet.de/delegationsano_bev/BJNR251500005.html

Order of the President of the federal railway assets over the appointment and dismissal of civil servants and officials, about the transfer of powers, the control of powers in the opposition proceedings and representation at proceedings of the civil service in the Division of the federal railway assets (delegation order BEV) DelegationsAnO BEV Ausfertigung date: 24.08.2005 full quotation: "delegation arrangement BEV from August 24, 2005 (BGBl. I S. 2515)" footnote (+++ text detection from: 26 8.2005 +++) I. appointment and dismissal of civil servants and officials under section A. I. b) the delegation arrangement BMVBW of 6 February 2002 (BGBl. I S. 746), most recently by the arrangement of 10 January 2003 (BGBl. I p. 127) is been changed do I transfer the exercise of the right to the appointment and dismissal of civil servants and officials up to the grade A 13 (high service) and the corresponding civil servants and officials up to the employment on the leaders and head of the departments of the federal railway assets.

II. delegation of powers to the federal civil servants Act and the federal secondary regulation I do transfer the departments of the federal railway assets the power, 1 to section 60, paragraph 1, of the federal civil servants act to prohibit the conduct of service business officials and officials of the simple, middle or superior service to revoke 2. According to § 64 sentence 1 of the federal civil servants act to require the adoption or continuation of second jobs in the public service, to approve 3. after section 65 paragraph 4 sentence 1 of the federal civil servants act ancillary activities or to fail as well as approvals , 4. According to article 69, paragraph 1 and 3 of the federal civil servants act to accept the display of their retired civil servants and retired officials or former officials and former officials with pensions through an employment or employment after termination of the civil servants and to prohibit any such, 5. after section 70, sentence 1, of the federal civil servants act of accepting rewards and gifts to agree, 6 according to § 87 para 2 sentence 3 of federal civil servants Act the recovery for equity reasons for amounts up to €1,000 wholly or partly to refrain; in this respect I agree, to grant licences for the use of facilities, personnel or material of the service Mr 7 to section 9, paragraph 1, of the federal secondary regulation generally.

III. delegation of powers to the Federal Disciplinary Act transferring the directors and heads of departments of the federal railway assets 1 the officials and servants of the easy, medium, and high, a) according to § 33 ABS. 3 Nr. 1 of the Federal Disciplinary Act the authority to set the reduction of the remuneration to the maximum extent, b) according to § 34 paragraph 2 of the Federal Disciplinary Act the power to institute disciplinary proceedings, c) according to § 42 para. 1 of the Federal disciplinary competence for issuing appeal decisions , 2. the exercise of disciplinary powers compared to the retired civil servants and retired officials of easy, medium, and fine service on section 84, sentence 1, of the Federal disciplinary law.

IV. delegation of powers to the federal salaries Act and supplementary provisions (1) the directors and heads of departments of the federal railway assets transferring the power to decide to choose 2. after article 42a para 2 sentence 7 of the federal salaries Act regarding the award of a performance bonus or performance allowance 1 after § 27 para 4 sentence 2 of the federal salaries Act concerning the granting of a power level or on the inhibition of the rise.
(2) transferring the power recovery for equity reasons for amounts up to 1,000 euro wholly or partially to refrain from 1 to § 12 para 2 sentence 3 of the federal salaries Act; the departments of the federal railway assets in this respect I agree, 2. According to § 15 para 2 sentence 1 of the Federal law of of pay to instruct the official residence, no later than at the end of the leave in writing to recognize 3. According to § 28 para 3 No. 3 of the federal salaries Act generally that this serves business interests or public matters, as far as the recognised body for the leave of absence is responsible.
(3) transferring the services centre of the federal railway assets the power to decide referred to under 57.1.15 of the General administrative provision to the federal salaries Act in rent subsidy Affairs officials and officials with the resident abroad (§ 52 para 1 sentence 1 of the federal pay law) and with secondments from domestic abroad or from abroad (§ 58 para 1 of the federal pay law).
(4) transferring the station southwest of the federal railway assets the authority referred to in point 57.1.15 of the General administrative provision to the federal salaries Act in rent subsidy matters of civil servants and officials who have their official residence in a foreign place at the border because of their activities in cross-border services (§ 52 para 3 of the federal pay law), to decide.

V. transfer of powers under the Federal travel Act, Federal relocation costs and other provisions I authorize the services of the federal railway assets, 1 according to § 11 paragraph 2 of the travel Act of of federal to grant the days - and accommodation allowance (articles 9 and 10 of the Federal travel Act) up to an additional 28 days in exceptional cases, in accordance with the General regulations, issued a Pauschvergütung flat-rate expenses payment to grant 2. According to section 18 of the Federal travel Act , 3. According to article 4, paragraph 2, sentence 1 No. 2 of the Federal Act of costs of moving moving expenses remuneration on the occasion of the evacuation of a federal or standing in the Federal law of occupation of apartment for rent accept, in accordance with the provisions adopted in this foreign service travel arranged 4 according to § 1 para 2 of the foreign trip costs regulation or approve.
The granting of separation money after the separation money Ordinance is whether the departments of the federal railway assets.

VI. delegation of powers to the officials supply Act (BeamtVG) and supplementary provisions (1) transferring 1 the Services Center, North (at the same time also for the area of the East station), South, Southwest and West of the federal railway assets for the associated civil servants and officials, as well as retired civil servants and retired officials or former officials and former officials with pensions a) my powers under section 49, subsection 1, sentence 1 and paragraph 6 of the officials supply Act , unless not in this arrangement otherwise determined, b) my powers under section 62, paragraph 3, of the officials supply Act, c) the tasks of the pension fund after aa) the law for the control of hardening in the supply balance, bb) article 4 of the law on further measures in the supply balance, cc) § 53 para 2 of the Act on matters of voluntary jurisdiction, d) competence to the reimbursement of expenses the insurers under the supply balance refund regulation , e) the responsibility for all other officials supply legal decisions and actions, as far as other jurisdiction is not set by law or this arrangement, f) authority according to § 52 paragraph 2 sentence 3 of the officials supply Act, for amounts up to 1,000 euro recovery for equity reasons wholly or in part to refrain from; extent I agree generally, 2. the services East of the federal railway assets a jurisdiction) for the recognition of service accidents according to § 45 para 3 sentence 2 of the officials supply law and the question whether the accident intentionally is caused, as well as for decisions according to § 44 para 2 sentence 1 of the officials supply Act, b) for granting accident welfare benefits according to sections 32 to 35 and paragraphs 43 , 43a of the officials supply Act, c) for the formation of an examination by a doctor designated by you to the realignment of the accident compensation according to § 35 paragraph 3 sentence 2 of the officials supply Act, d) for the formation of an examination by a doctor designated by you to verify the degree of reduction of earning capacity according to § 38 paragraph 6 sentence 2 of the officials supply Act, e) for providing a grant of equity according to the "guidelines for equity grants for property damage (", which have arisen in the service", f) for compensation for damage to property in cases where there is a statutory right of reimbursement.
(2) I reserve me 1 bringing supply legal decisions, the fundamental, beyond the individual case have a meaning, 2. decisions under article 29, paragraph 1 and article 31, par. 5 of the officials supply law.

VII. delegation of powers under other provisions I do transfer the departments of the federal railway assets authority, 1.
Measures pursuant to section 11 of the federal railway new outline law - with the exception of the higher servants - to meet, 2. According to paragraph 6, sentence 2 and § 8 sentence 2 of the special regulation on applications for the granting of special leave up to the period of ten working days or purposes referred to twelve business days in the holiday year under payment of salaries for those in articles 5 to 7 of regulation of special leave to decide, 3.

According to section 8, paragraph 1, of the regulation on the granting of anniversary gifts to officials and judges of the federal civil servants and officials of grades A-3 to A-15 anniversary gifts to give or to withhold, to decide 4. According to section 6 paragraph 3 sentence 1 of the federal regulation of career changing the career of a civil servant or a simple, medium or fine servants on the recognition of qualifications for the new career , 5 according to § 14 paragraph 1 sentence 4 the railway carrier regulation on the recognition of competence when changing to a generally career in accordance with the regulations, issued to decide 6 according to § 15 of the railway carrier regulation on probation in the trial period to decide to choose 7 according to § 18 paragraph 5 the railway carrier regulation on admission to the climb in a career of middle or superior service , 8 according to the guidelines of the Federal Ministry of the Interior for the granting of advances in special cases by November 28, 1975 advance requests to decide 9th to the circular of the Federal Ministry of the Interior on 29 November 1999 - DI 3-211 481/1 - concerning the granting of legal protection in criminal matters for federal employees for the granting of legal protection for the civil servants and officials of the simple , middle and upscale service and comparable workers and workers to decide.

VIII. control of powers in opposition proceedings in official matters I transfer the directors and heads of departments of the federal railway assets the authority in section 172 of the federal civil servants act in conjunction with article 126 par. 3 to decide No. 2 of the civil service law framework law on the opposition by civil servants and officials, retired civil servants and retired officials, former officials and former officials or surviving against the adoption or the rejection of a bureaucracy , as far as them or make the privatised companies in the area of railway reform to the adoption or rejection of the bureaucracy were responsible.

IX. representation at proceedings of the civil service according to section 174, paragraph 3, of the federal civil servants act I transfer representing the employer in actions of the civil service departments of the federal railway assets, as far as them after this arrangement for the decision about contradictions are responsible.

X. Notwithstanding clause I keep me in some cases the jurisdiction sections I to IX this arrangement before.

XI. final provisions (1) as far as regulations are referenced in this arrangement, these are amended to apply.
(2) this arrangement shall enter into force in the Federal Law Gazette, part I publication. At the same time are the order of the President of the federal railway assets over the appointment and dismissal of officials and on the transfer of powers in the field of civil servants Law Division of the federal railway assets of 20 January 1994 (announced Deutsche Bahn No. 13 dated 30 March 1994, indicated (No. 125), the general arrangement of the transfer of powers in the field of disciplinary law in the area of federal railway assets of 9 November 2001 (Federal Law Gazette I p. 3229) and the general arrangement on representation at proceedings of the civil service in the area of federal railway assets of 13 January 2000 (BGBl. I S. 102) override.