President Of The Council Regulation Of 9 April 2009 On The Investigation And Disciplinary Proceedings In The Civil Service

Original Language Title: ROZPORZĄDZENIE PREZESA RADY MINISTRÓW z dnia 9 kwietnia 2009 r. w sprawie postępowania wyjaśniającego i postępowania dyscyplinarnego w służbie cywilnej

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On the basis of article. 130 of the Act of 21 November 2008 on the civil service (Journal of laws No. 227, item 1505) are managed as follows: § 1. The regulation specifies the manner in which the investigation and disciplinary proceedings in the civil service, including: 1) the conditions for the appointment and dismissal of the members of the Disciplinary Committee and the disciplinary ombudsman and his Deputy;

2) way of making changes in the composition of the Disciplinary Committee;

3) range of activities the Ombudsman disciplinary and his Deputy, to clarify the case;

4) organisation and operation of the Disciplinary Committee and the conduct of disciplinary proceedings;

5) the conditions and the method of determining the duties conferred to the members of the disciplinary Commission disciplinary attorneys and alternates, witnesses, defenders and experts.

§ 2. Whenever a regulation is talking about: 1) Disciplinary Committee-shall mean the disciplinary Office, the Joint Commission disciplinary and higher civil service Disciplinary Commission;

2) disciplinary Ombudsman – the Ombudsman shall mean disciplinary authority, the joint Ombudsman disciplinary action, disciplinary attorney to disciplinary matters in the positions of Directors of offices, the Ombudsman, the disciplinary action to the disciplinary matters in the position of provincial veterinarians and their deputies and their alternates, if they have been called.

§ 3. 1. In the composition of the disciplinary board may be appointed a person who: 1) has a university degree;

2) has the knowledge and experience necessary for the proper performance of duties as a member of the Disciplinary Committee;

3) was not punished for a crime or offence tax;

4) was not punishable by disciplinary action in the civil service;

the Ombudsman's function 5) is not disciplinary.

2. The establishment in the composition of the Disciplinary Board require the written consent of the person allegedly.

3. In the composition of the disciplinary board of the Office and the Joint Disciplinary Committee should consist of at least two individuals with higher legal education.

4. the Higher Disciplinary Committee of the civil service should fall at least three individuals with higher legal education.

§ 4. 1. A member of the Disciplinary Committee refers in the case of: 1) resign;

2) termination of the employment relationship;

3) the initiation of criminal proceedings or criminal proceedings against the IRS;

4) initiation of disciplinary proceedings against him;

5) entrust the function of the Ombudsman disciplinary action.

2. A member of the Disciplinary Committee of the Office and the Joint Disciplinary Committee also refers in the case of the appointment in the Higher Disciplinary Committee of the civil service.

3. A member of the Disciplinary Committee can revoke in particularly justified cases, including in the case of: 1) failure by his duties as a member of the Disciplinary Committee;

2) negligent performance of duties of a member of the Disciplinary Committee;

3) the defaulting behavior of the dignity of a member of the Disciplinary Committee.

§ 5. 1. In the event of cancellation of a member of the Disciplinary Committee before the end of the term of Office of the person entitled to the appointment of disciplinary board shall appoint a person satisfying the conditions laid down in paragraph 3.

2. a member of the disciplinary Commission appointed to the Disciplinary Committee as specified in paragraph 1. 1 fully its function to the end of the term of Office of the Board.

§ 6. 1. disciplinary Attorney CITES out of people who: 1) have higher education;

2) possess the knowledge and experience necessary for the proper performance of the duties of the Ombudsman, the disciplinary action;

3) have not been convicted of an offence or crime tax;

4) were not punished by disciplinary proceedings in the civil service.

2. To entrust the functions of the Ombudsman disciplinary require the written consent of the person allegedly.

§ 7. 1. disciplinary Attorney can be revoked at any time.

2. the disciplinary Ombudsman refers in the case of: 1) resign;

2) termination of the employment relationship;

3) the initiation of criminal proceedings or criminal proceedings against the IRS;

4) appointment in the composition of the disciplinary board.

3. The Ombudsman shall be excluded from participation in the case, if: 1) the case concerns him directly, his spouse, a relative or a close relation in a straight line or remaining with him in respect of adoption;

2) made a written request for exclusion from participation in the case.

4. the disciplinary Spokesman may be excluded from participation in the case, if it is ascertained the existence of between him and the defendant or his counsel in circumstances other than those listed in paragraph 1. 3, which may cause doubts as to his impartiality.

5. To turn off the disciplinary Ombudsman from participation on setting up a disciplinary ombudsman person decides.

6. To appoint and revoke the Ombudsman disciplinary and exclude the disciplinary ombudsman in case it shall immediately inform the proper disciplinary Commission.

§ 8. 1. In the notice of initiation of the investigation, the Ombudsman shall inform the person concerned a disciplinary proceedings, of her pleas and of the remedies available to her.

2. In the course of the investigation the Ombudsman disciplinary should seek to explain the case and determine whether it was committed an act constituting a violation of the obligations of a member of the civil service corps. To this end it may receive clarification from the person concerned, hear witnesses, consult experts, examine documents and carry out, protect and preserve evidence.

3. supporting activities carried out in the course of the investigation procedure shall be drawn up or note.

4. In the absence of the person concerned by the investigation, the proceeding shall be suspended until the enable that person to make representations.

5. The refusal to be heard by the person concerned by the investigation, shall not prevent the running of the proceedings.

§ 9. In the course of the investigation procedure, the person concerned may: 1) report the Ombudsman disciplinary evidence and submit an explanation;

2) view the case file;

3) establish a defender of choice.

§ 10. After the end of the investigation, the Ombudsman shall forthwith: 1) shall inform the person concerned the investigation about the termination of the proceedings, provides its evidence and allows you to submit further clarification;

2) shall inform the person who recommended the initiation of the investigation procedure, of its findings.

§ 11. 1. If, as a result of the investigation will be confirmed the legitimacy of complaints presented to the investigation, the Ombudsman shall draw up a request for the initiation of disciplinary proceedings and immediately directs it, in duplicate, to the Disciplinary Committee.

2. the application for the initiation of disciplinary proceedings includes: 1) your first and last name, social security number, place of work and position of the person to whom the business concerned the investigation;

2) the precise act constituting the breach of obligations of a member of the civil service corps, the time, place, manner and circumstances of its Commission and the impact of it;

3) the proposed disciplinary penalty;

4) the names and addresses of the witnesses, who should be called to the hearing, as well as an indication of other evidence;

5) justification.

§ 12. 1. If, as a result of the investigation is not confirmed the legitimacy of complaints presented to the investigation, the Ombudsman shall be issued, with the consent of the person who recommended the initiation of the investigation, the decision on the closure of the investigation.

2. the order referred to in paragraph 1. 1, the disciplinary spokesman immediately shall be served on the person whose covered the investigation.

§ 13. The Chairman of the Disciplinary Committee directs the work of the Disciplinary Committee and shall ensure the proper conduct of disciplinary proceedings and for this purpose may issue the order.

§ 14. 1. After receipt of the application for the initiation of disciplinary proceedings the Chairman of the Disciplinary Committee shall designate the formation and refers to entertain at the hearing, setting its deadline.

2. If there are grounds for referral to the Ombudsman disciplinary action to supplement the investigation procedure, the Chairman of the Disciplinary Committee refers to the consideration at the meeting of the formation of the Court.

3. In the case referred to in paragraph 1. 2, the disciplinary board shall make an order: 1) refer the case to the Ombudsman of disciplinary action in order to make up for the inadequacy in the investigation or 2) refer the case to identify at the hearing, which shall be served on the obwinionemu and the Ombudsman of disciplinary action, hereinafter referred to as the "parties".

4. the order referred to in paragraph 1. 3, paragraph 1, should point to deficiencies in the investigation and specify their term, not less than seven and not more than 14 days from the date of service of the order.

5. On a reasoned request of the Ombudsman of the disciplinary board may specify a longer than a 14-day deadline for the deficiency in the investigation.


§ 15. If the matter was to identify at the hearing, the Chairman of the Disciplinary Committee manages the delivery of obwinionemu a copy of the application for the initiation of a disciplinary Attorney disciplinary proceedings.

§ 16. 1. a member of the disciplinary Commission be excluded from participation in the case, if: 1) the case concerns him directly, his spouse, a relative or a close relation in a straight line or remaining with him in respect of adoption;

2) he played on as a witness, expert or disciplinary Attorney;

3) made a written request for exclusion from participation in the case.

2. The exclusion of a member of the Disciplinary Committee in resolving the matter may also be refused on reasoned request of the Ombudsman, the disciplinary action, the defendant or defender, if prima facie existence between it and the spokesperson for disciplinary action, the defendant or his counsel of circumstances that may cause doubts as to his impartiality.

3. The exclusion of a member of the Disciplinary Committee in resolving the case of the reasons referred to in paragraph 1. 1, the Chairman of the Disciplinary Committee.

4. To exclude a member of the Disciplinary Committee in resolving the case of the reasons referred to in paragraph 1. 2, shall give the Chairman of the Disciplinary Committee; If the application concerns the Chairman of the Disciplinary Committee, it sets to participate on another Member of the Disciplinary Committee.

§ 17. 1. For trial calls and informs about its date, if it was established.

2. In the request the disciplinary Commission, the formation of the Court, and shall be, in which case, in what capacity, and time has to face the the addressee, and indicates whether its appearance is mandatory, and warns of the consequences of failure to appear.

3. service the call obwinionemu should be made at least 7 days before the date of the hearing.

4. To service calls and other writings apply the provisions of Chapter 8 chapter and of the law of 14 June 1960 – administrative procedure code (Journal of laws of 2000 No. 98, item 1071, as amended. 1)).

§ 18. The President of the formation of the Court manages the summons of witnesses and experts and other evidence indicated in the application for the initiation of disciplinary proceedings, as well as other proposals made by the parties before the hearing.

§ 19. The President of the formation of the Court directs the trial and shall ensure its proper conduct.

§ 20. 1. The hearing begins to read the Ombudsman's disciplinary action the opening of disciplinary proceedings, and the President of the formation of the Court asks the accused person with the question of whether admits to alleged acts, and calls on it to be heard. Then the disciplinary inquiries carried out.

2. conclusions and statements by the parties consists in writing or orally, to the Protocol.

3. The Disciplinary Committee may, for important reasons, order a break in the hearing for a period not exceeding 48 hours.

§ 21. 1. The disciplinary board can call and hear witnesses and experts.

2. If a witness or expert may not appear due to obstacles too difficult to remove, the disciplinary Commission may order his hearing member of the formation of the Court. The parties may participate in the hearing.

§ 22. 1. The disciplinary board should comprehensively collect and comprehensively consider the evidence.

2. The subject of proof are the facts that the importance to the outcome of the case.

3. The facts widely known do not require proof. The same applies to the facts of the Disciplinary Committee of the Office, but you should call attention to pages.

§ 23. 1. In the course of disciplinary proceedings may be submitted for evidence.

2. In the request the evidence given to the designation of the evidence and determine the facts to be proven, and you can also specify the proposed evidence.

3. The disciplinary Commission may reject the application, if: 1), the fact to be proven, there is no relevance;

2), the fact of the proposal, has already been proven in accordance with the claim of the applicant;

3) proof is useless for determining the circumstances;

4) request evidence clearly seeks to prolong the proceedings;

5) evidence can not be carried out.

4. the basis for the rejection of the application evidence may not be the fact, that so far carried out, evidence suggests the facts different from those which the applicant intends to prove it.

5. Rejection of application evidence does not preclude the subsequent release of the evidence, even if it is not revealed to new circumstances.

§ 24. 1. The disciplinary board shall postpone the hearing in the case of: 1) appearance of the Ombudsman disciplinary;

2) excusable failure to an accused person;

3) appearance of an accused person to whom the summons was not properly served;

4) change in the composition of the Panel.

2. The disciplinary Commission may postpone the hearing in the case of the appearance of a witness or expert or other valid reason.

3. If the composition of the Panel was changed, deferred hearing leads from the beginning, unless the President of the formation of the Court, with the consent of the parties, orders her to continue.

4. The disciplinary Commission may postpone the hearing for a period not exceeding 30 days.

§ 25. The disciplinary Commission shall dismiss the disciplinary proceedings if: 1) terminated the employment relationship of an accused person;

2) there has been a limitation of criminal record;

3) in the case of the same Act was issued a final order or decision of the Disciplinary Committee or in the same case and against the same obwinionemu takes place before the disciplinary board earlier initiated proceedings;

4) negative circumstances, by law, to rule in the case.

§ 26. 1. Where, on the basis of the circumstances that have been uncovered in the course of the hearing, the disciplinary spokesman accused obwinionemu other Act but requested the initiation of disciplinary proceedings, disciplinary proceedings, unless, with the agreement of the parties, will recognize the case at the same hearing, in terms of enhanced with new allegations.

2. in the case of interruption of the proceedings of the causes referred to in paragraph 1. 1 the Ombudsman shall within 10 days completes the request for the initiation of disciplinary proceedings; provision of § 8, paragraph 1. 1 shall apply mutatis mutandis.

§ 27. The hearing ends with speeches of the parties and, with the last vote are entitled to obwinionemu. The President of the formation of the Court closes the hearing.

§ 28. 1. immediately after the close of the hearing begins deliberation, members only participate in the formation of the Court.

2. The course of the deliberation and the vote on the decision is not subject to disclosure.

section 29. 1. After the close of the hearing and deliberation the President of the formation of the court announces a decision, citing word of the most important themes.

2. In cases of particularly intricate advertisement decision may be postponed for a time not exceeding 7 days from the date of closing the hearing.

§ 30. 1. Disciplinary Commission penalising, taking into account the degree of fault and the type of act constituting the breach of obligations of a member of the civil service corps, its effects and the behaviour of the accused person before committing an act constituting a violation of the obligations of a member of the civil service corps, and after its Commission.

2. The disciplinary Commission decides by majority vote; in the case of a separate sentence be accompanied them to the case.

§ 31. 1. The disciplinary board shall rule: 1) acquittal of an accused person from the alleged acts constituting the violation of the obligations of a member of the body of the civil service;

2) to declare the defendant guilty of committing one of the acts constituting the violation of the obligations of a member of the Civil Service Corps and first one of disciplinary penalties;

3) redemption of the disciplinary proceedings.

2. In the cases initiated under article. 115 paragraph 1. 3 of the Act of 21 November 2008 on the civil service disciplinary Commission of the Office or the Joint Commission disciplinary rules: 1) maintain in force sanctions warning in writing;

2) acquitted an accused person from the alleged acts constituting the violation of the obligations of a member of the civil service corps.

§ 32. 1. the judgment contains: 1) the designation of the Disciplinary Committee, that it has released, and names and the names of the members of the formation of the Court and the Ombudsman, the disciplinary action;

2) date and place of the case and the judgment;

3) name and surname of the accused person, his place of work and position work;

4) a description of the act constituting the breach of obligations of a member of the body of the civil service;

5) decision on guilt and the decision as to punishment along with legal qualifications or recognition for the innocent.

2. The decision shall be accompanied by a justification in fact and in law.

3. The decision and the reasons for it shall be signed by all members of the Forum.

4. The decision of the Disciplinary Committee issued and instance validates the date of expiry of the period provided for in article 8(2). paragraph 126. 7 of the Act of 21 November 2008 on the civil service, unless you have filed the appeal.

5. The judgment of the Higher Disciplinary Committee of the civil service issued in second instance validates the date of expiry of the period for lodging an appeal to the Court of appeal – labour and social Court, unless an appeal has been made.


§ 33. 1. in the course of the hearing shall be drawn up, which shall be signed by the Chairman of the composition of the Panel.

2. the President of the formation of the Court may order consolidation of the course of the hearing, using recording equipment, sound, regardless of the preparation protocol, which warns of the participants of the hearing. To the Protocol, you can attach a transcript of the hearing.

§ 34. Higher civil service Board shall examine the appeal against a decision of the Disciplinary Committee issued in the instance and, within the limits of the pleas in the appeal.

section 35. After receipt of the appeal the President of the Higher Disciplinary Committee civil service sets the formation and refers to entertain at the hearing, setting its deadline.

§ 36. 1. After a hearing, the Higher Disciplinary Commission civil service rules on: 1) maintain in force the decision of the Disciplinary Committee, issued in the instance;

2) you change the decision of the Disciplinary Committee, and the instance, in whole or in part, or 3) the repeal of the decision of the Disciplinary Committee, and the instance, in whole or in part.

2. If the evidence gathered by the Commission of the disciplinary board acting in and the instance does not allow for the release of one of the decisions referred to in paragraph 1. 1, the disciplinary Commission civil service rules on repeal of the decision of the Disciplinary Committee issued in the instance and refer the case back to the.

§ 37. Support for organisational and Office: 1) the Disciplinary Committee of the Office and the disciplinary Ombudsman Office-provides the competent authority;

2) common Disciplinary Committee and the joint Ombudsman disciplinary – provides the Office referred to in the agreement the directors offices establishing the Joint Commission disciplinary action or joint disciplinary Attorney;

3) the higher Disciplinary Committee of the civil service and disciplinary attorney to disciplinary matters in the position of Directors-offices-provides Kprm;

4) disciplinary attorney to disciplinary matters in the position of provincial veterinarians and their deputies-provides the Chief Inspectorate of veterinary medicine.

§ 38. Members of the composition of the Panel of the Disciplinary Committee and the Ombudsman of disciplinary action, who presented themselves at the hearing, is entitled to: 1) diet, 2) reimbursement of travel-in accordance with the provisions on rights duties workers employed at the State or local government budgetary sphere unit for business trips in the area of the country.

§ 39. Witnesses, designated defenders and experts, who took part in the hearing, shall be entitled to reimbursement of the cost of the journey in accordance with the provisions referred to in section 38.

§ 40. This Regulation shall enter into force after 14 days from the date of the notice. 2) the President of the Council of Ministers: with g. Schetyna 1) amendments to the consolidated text of the said Act were announced in the journal of laws of 2001, no. 49, item. 509, 2002 # 113, item. 984, No 153, item. 1271 and # 169, item. 1387, 2003 No 130, poz. 1188 and # 170, item. 1660, 2004 No. 162, item. 1692, of 2005, no. 64, item. 565, no. 78, item. 682 and # 181, item. 1524 and 2008 # 229, item. 1539.2), this regulation was preceded by a President of the Council regulation of 21 December 2006 on the investigation and disciplinary proceedings in the civil service (Journal of laws No. 246, poz. 1798), which is repealed with effect from the entry into force of this Regulation pursuant to article. 207 paragraph. 2 of the Act of 21 November 2008 on the civil service (Journal of laws No. 227, item 1505).

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