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法規名稱(Title) Enforcement Rules for State Compensation LawCh
公發布日(Date) 2020.06.08
法規沿革(Legislative) 1.Promulgated on June 10, 1981
2.Amended on December 11, 1996
3.Amended on September 29, 1999
4.Amended on August 20, 2018
5.Amended on June 8, 2020
法規內文(Content)


 Article 16



The liable compensating authority shall give a written notification to the employee of the Government, the individual or the organization mandated with the function of public office that is liable for the damage, or the person who is liable for the damage resulting from a defect in the installation or management of any public facility, requiring them to appear to give opinions on the date set for the negotiation.



 


Article 24



The liable compensating authority may decide the amount of the payment within a certain amount of money.
    The certain amount of money referred to in the preceding shall be decided by the Executive Yuan where the liable compensating authority belongs to the central government; by the county (city) government where the liable compensating authority belongs to the county (city) government or its lower government; by the municipal government where the liable compensating authority belongs to the municipal government.



 



Article 28



The service of the negotiation document may be executed by the liable compensating authority or through the post office. The process server shall prepare a certificate of service for the purpose of proof.



Besides the preceding paragraph, the provisions regarding the process of service in the Code of Civil Procedure are to be applied to the service of the negotiation document.



 


Article 41



The liable compensating authority shall decide the intent or gross negligence as referred to in Paragraph 3 of Article and Paragraph 2 of Article 4 of the Law with great prudence.



 Before the liable compensating authority exercises its reimbursement right in accordance with Paragraph 3 of Article 2, Paragraph 5 of Article 3 and Paragraph 2 of Article 4, the liable compensating authority may check the assets of the individual or the organization for execution, and if necessary apply for prevent junction in accordance with relating laws.



 Before the liable compensating authority exercise its reimbursement right in accordance with Paragraph 3 of Article 2, Paragraph 5 of Article 3 and Paragraph 2 of Article 4, the liable compensating authority shall first negotiate with the reimbursed individual or organization and permit the individual or the organization to pay by installment with mortgage.



 If the negotiation referred to in the preceding paragraph fails, the liable compensating authority shall exercise the reimbursement rights in accordance with the litigation procedure.