Object of Disciplinary Action and Deliberation Procedures
With regard to the disciplinary cases heard by this Commission, Law of Disciplinary Sanctions of Public Functionaries is applicable to all civil and military officials and public servants employed at state-run enterprises, except assistant clerks and The appointed teachers of public schools. The public servants sent to this Commission for disciplinary action over the years have included presidents, heads of central government ministries, high-ranking officers and commissioned officers of the armed forces, local mayors, magistrates, and sub-ward officers, as well as public servants employed at state-run enterprises.
After receiving a disciplinary case, this Commission will first notify the public servant involved to submit arguments within a specified period. If the case is an impeachment case under the Ombudsman Yuan, the public servant involved must submit a copy of the arguments to the Ombudsman Yuan, and the arguments shall be transferred to the original proposing commissioners for comment. The assigned commissioner and two associate commissioners shall then determine whether the public servant sent for discipline is responsible for misconduct or negligence, and shall prepare investigation report for review by the commission. Copies of the investigation report shall be sent to all commissioners several days before the review meeting so that they will have time to inspect the details of the case. The chief commissioner shall preside over the review meeting, and shall announce summaries of cases on the meeting's agenda. After the clerk has read aloud the investigation report, the assigned commissioner shall provide supplementary explanation, the associate commissioners shall state their comments, and the chairman shall call out the names of the commissioners from back to front in accordance with their seating order. After all commissioners have been given a chance to speak and discuss each other's speeches, the investigation report may be passed by the majority opinion of the commissioners. A resolution to that effect shall be established if the result of the case is no disciplinary action. The assigned commissioner shall propose disciplinary measure, if a decision is made to take disciplinary action. The chairman shall again call out the names of the commissioners in a vote; the resolution shall be passed with the consent of the majority of those commissioners present. The chairman shall decide the case when equal numbers of commissioners hold two differing opinions. The severity of disciplinary sanctions shall be carefully deliberated in accordance with Article 10, Item 8 of the Law of Disciplinary Sanctions of Public Functionaries.
Disciplinary cases reviewed by this Commission correspond to criminal and civil suits heard by general courts. Decisions made by this Commission are equivalent to judgmentsmade by the presiding judge and judge following investigation of evidence and the conclusion of verbal arguments in a general court. In accordance with the foregoing procedures, the assigned commissioner and two associate commissioners shall first prepare a written investigation report based on the results of investigation for submission to the Commission. Since review of all details involves case analysis, evaluation of damage, and reference to foreign legal cases, scholarly theory, media and public opinion, social trends, government policies, and this Commission's former cases, as well as thorough discussion and deliberation, the Commission's decisions are significantly more thoroughgoing than those of courts, and the Commission's careful deliberation is as painstaking as that of the grand justices. Regardless of the rank of the public servant who is under discipline or the magnitude of the case, this Commission strives for just decisions that are neither overly lax nor overly harsh. It is hoped that those public servants not subject to discipline will be more diligent and dutiful when they apprehend the safeguards of the law, while those who are under discipline will submit willingly, rectify themselves, and set right their official management.