What is Act No. 147 / 2000 Coll.?

Act No. 147 / 2000 Coll., on District Offices — Law on District Offices.

When it became Act No. 147 / 2000 Coll. effectiveness?

Act No. 147 / 2000 Coll. became effective 12.11.2000.

Is Act No. 147 / 2000 Coll. still valid?

Yes, Act No. 147 / 2000 Coll. is still valid and effective.

How many times was it Act No. 147 / 2000 Coll. amended?

Act No. 147 / 2000 Coll. has 5 time versions of the text.

Act No. 147 / 2000 Coll. - Law on District Offices

147

THE LAW

of 16 May 2000

on district offices

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

_

HLAVA I

GENERAL PROVISIONS

Díl 1

Status of district offices

§ 1

(1) The county authorities are administrative authorities; perform state administration in administrative districts called counties. The district authorities may also exercise public administration in the administrative districts of other regional authorities, provided that special law so provides.

(2) The Annex to this Act specifies which regional authorities operate in the Czech Republic, their headquarters and administrative districts.

§ 2

(1) Under a special law, the District Office may be the founder and may abolish the organizational and contribution organisations of the District Office. Other legal persons may not form or enter the regional authorities.

(2) In carrying out their tasks, the district authorities cooperate with the other local authorities, the regional authorities (1) and the municipal authorities in their administrative districts. The district authorities shall coordinate the progress of the other administrative and municipal authorities in carrying out the joint tasks resulting from the Government's resolutions.

§ 3

The District Office may not enter voluntary community2) or other regional groupings.

§ 4

(1) The District Office shall draw up the budget, manage it and draw up the final account in accordance with specific legislation.

(2) Revenue and expenditure of the District Office are part of a separate chapter of the State budget.

(3) The management and handling of the District Office with the property of the Czech Republic and the performance of the District Office in legal relations are governed by specific legislation.

§ 5

The establishment or cancellation of a district office, the designation or change of its registered office and the amendment of its administrative district may be governed by law only.

Díl 2

Order of the District Office

§ 6

(1) Under and within the limits of the law, the District Office may issue legislation for its administrative constitutions3) entitled "the District Office Regulation."

(2) The order of the District Office must be published. The declaration shall be made by posting the order of the District Office on the official record of the District Office for at least 15 days. The date of publication of the order by the District Office is the first day of its hanging on the official record of the District Office. This method of publication is a condition for the validity of the order of the District Office. The decree of the District Office shall also be posted on the official record of the municipal offices operating in the administrative district of the District Office.

(3) The order of the District Office shall take effect on the 15th day following the date of its publication, unless it provides for a later date of application. Where urgent grounds so require, the order of the District Office may become effective and effective as from the date of its publication; that fact must be stated and justified.

(4) The order of the District Office must be accessible to everyone at the District Office which issued it and to all municipal offices operating in its administrative district. The order of the District Office, which has become effective, shall be sent immediately by the District Office to the Ministry of the Interior.

§ 7

If a natural person in the course of business or a legal person breaks the obligation laid down by the order of the district office, the district office may impose a fine of up to CZK 200,000. Administrative proceedings may be initiated within 1 year of the date on which the district office became aware of the infringement, but no later than 2 years after the infringement occurred. The period during which criminal proceedings under a special law have been conducted for the same act shall not be taken into account in the course of that period. Under that provision, no action shall be taken where a specific law provides for a higher penalty for such failure or infringement. The revenue from fines is the income of the State budget; the collection and enforcement of fines shall be carried out in accordance with the special legislation.4)

HLAVA II

SCOPE OF THE QUESTION AUTHORITY

§ 8

(1) The District Office shall exercise state administration in matters governed by specific laws.

(2) Furthermore,

(a) examine the decisions of the municipal authorities and the decisions of the municipal authorities authorised by the administrative procedure, (5) unless otherwise provided for by a special law;

(b) supervise the activities of the municipal authorities, (6) impose measures on them to remedy the deficiencies found and the penalties provided for by law;

(c) provide the municipalities with professional assistance in the exercise of public administration;

(d) examine the management of the municipality in accordance with specific legislation, (7) if requested by the municipality;

(e) manage and abolish the legal persons and the organisational elements it has set up;

(f) carry out other tasks laid down by law.

§ 9

(1) The County Office shall carry out financial checks on municipalities and organisations established by them under specific legislation.

(2) The District Office ensures that financial controls are carried out on its organisational units and contribution organisations and on municipalities and organisations established by them under specific legislation. 7a)

§ 10

The competence of the district office in the cities of Brno, Ostrava and Plzeň is exercised by the authorities of these cities, or by the authorities of the urban districts and parts of cities, 8) unless otherwise provided by the special law. 9)

§ 11

The County Office shall be governed by:

(a) when issuing regulations of the District Office and when deciding on the rights and obligations of natural and legal persons by law and other legislation;

(b) in other cases, also by resolutions of the Government and directives of central administrations; the validity of the guidelines of central administrative offices is subject to their publication in the Government Bulletin for Regional Authorities, District Authorities and Municipality Authorities.

HLAVA III

PRESENCE OF THE CIRCUMSTANCES

§ 12

(1) The head of the District Office is the Head of the District Office (hereinafter referred to as "the Head of the District Office '), which is managed and responsible for its activities. It is appointed and withdrawn by the Government of the Czech Republic (" the Government') on a proposal from the Minister for the Interior. The Minister of the Interior shall submit this proposal on the basis of a call for tender. The rules on tendering shall be laid down in implementing legislation. The salary and remuneration shall be determined by the Home Secretary in accordance with specific legislation. 10)

(2) The notary shall represent the district office externally and shall act as the statutory body of the employer under special legislation. 11)

§ 13

The presenter has a deputy to appoint and dismiss. The salary and remuneration of the representative shall be determined by the representative in accordance with specific legislation. 10)

§ 14

(1) The function of the priority and his representative is incompatible with the function of a Member and Senator of the Parliament of the Czech Republic, with another function in the administration, with the function of a member of the council of a local authority and with functions in political parties or movements.

(2) Save as otherwise provided for in a special law, 12) a draft and its representative may not be members of the management or control bodies of legal persons.

(3) The notary and his representative may no longer engage in other gainful activities except the management of their own assets. They may carry out the professional, educational, literary, publicist and artistic activity provided that it is not a business activity and that such activity does not reduce its seriousness or threaten confidence in the independence and impartiality of the district office.

(4) The Government shall remove the priority from office whenever he has been legally convicted of an intentional offence, if he finds that the incompatibility referred to in paragraphs 1 to 3 has been established, or if he has been deprived of legal capacity, or if his legal capacity has been restricted by the court's decision.

(5) The representative shall be removed from office in the cases referred to in paragraph 4.

§ 15

(1) Priority is reserved

(a) determine the organisational structure of the District Office after prior approval by the Ministry of Interior;

(b) issue the rules of organisation of the District Office;

(c) sign the order of the District Office;

(d) lay down the budget of the District Office and make amendments thereto after approval by the administrator of the budget chapter and submit the results of the management of the District Office to the administrator of the budget chapter;

(e) appoint and withdraw the heads of the reports, establish special bodies under specific legislation and appoint their chairmen and members;

(f) appoint and withdraw senior staff from the Regional Office of Contributory Organisations and Organisations;

(g) to decide on the appeal against the decision of the district office's report on the refusal to provide information to the applicant, 13)

(h) suspend the general binding order of the municipality and the order of the municipality and submit to the Constitutional Court an application for their annulment, 14)

(i) suspend or abolish any other measure of the municipality under the special legislation.2)

(2) The prerogative shall sign the documents of the District Office in the framework of its reserved competence under paragraph 1 and the documents resulting from the post of priority as the statutory body of the employer. The representative, the head of the sectoral report and, where appropriate, another staff member may be authorised to sign the other documents of the District Office.

(3) In the event that a representative is unable to perform his duties, his representative shall perform it in full. If a representative is removed from his post, the representative shall carry out his duties until the appointment of a new Prime Minister by the Government.

§ 16

(1) The representative shall ensure, in relation to the reports (Paragraph 18), the coordination and control tasks to be entrusted to him by the representative. He may also be entrusted with the duties of Head of the Report.

(2) The Organisational Order of the District Office contains the powers of the priority, its representative, the heads of the reports and the heads of departments and the work of the individual reports, departments and special bodies.

§ 17

In the cities of Brno, Ostrava and Plzeň, the primary of these cities, unless special law 2 provides otherwise.

HLAVA IV

INTERNAL ORGANISATION OF THE SECRET AUTHORITY

§ 18

(1) The County Office is subdivided into reports. All reports have a level playing field. The reports may be part of the department.

(2) Head of the report and head of its department.

§ 19

The District Office shall establish an official record of the District Office; This plate is publicly available for 24 hours a day. It is normally located on a building where the district office has its seat.

HLAVA V

SPECIFIC EXPERIENCE

§ 20

(1) The activities provided for in the implementing legislation may be carried out by the staff of the District Office after proof of specific competence; This also applies to persons at the head of the special authorities of the district office, unless otherwise provided for in the special law. 15)

(2) The provisions of paragraph 1 shall not apply to the staff of the District Office until the special competence test (hereinafter referred to as "the test ') has been carried out, but no later than 18 months after the establishment of an employment relationship with the District Office; If, within the period referred to in the preceding sentence, the staff member ceases to have an employment relationship with the district office and has been re-established within 2 years, this shall not result in the period being renewed.

(3) Specific competence means knowledge of the legislation governing the relevant section of government and proof of the ability to apply it. The specific competence shall also include the demonstration of knowledge of the foundations of public administration, of the rules governing the status and competence of the authorities of the local authorities and of the law governing the procedure before those authorities.

(4) Specific competence shall be verified by examination and certified.

(5) Special competence shall not be verified for the priority and for staff providing the service activities necessary for decision making in the exercise of the administration.

(6) The Ministry of the Interior shall ensure that the tests are carried out, prepared for them and certified in cooperation with the competent central administrations.

§ 21

(1) It is the duty of the District Office to allow a person who carries out an activity subject to the requirement of specific competence, to prepare for its verification and to carry out the examination. The district office shall register the staff member applying for the examination within 3 months of the establishment of the employment relationship with the district office. The Ministry of Interior shall ensure that the staff member applied for is invited to the test so that he can undergo the first test within 9 months of the filing date. A written invitation to the test shall be sent to the staff member applying for the test at least 30 days before the date of the test.

(2) If the staff member referred to in paragraph 1 fails to pass the test, he may repeat the test twice. The repeated test shall be carried out not earlier than 30 days but not later than 90 days from the date of the test in which it failed.

§ 22

(1) The periods of maternity leave, incapacity for work, military essential services, civil services and the time of release for public office and the duration of the employment relationship of the staff member with the district office in the case referred to in Article 20 (2) shall not be taken into account within the time limits referred to in Articles 20 (2).

(2) Paragraphs 20 (1) and 21 (1) do not apply to employees of the District Office who have passed an examination for a specified activity prior to the establishment of an employment relationship with the District Office.

§ 23

The implementing legislation sets out the range of activities for which the performance of which requires the demonstration of specific competence, the method of applying for the examination and the nature of the application, the method and course of the examination, the requirements of the certificate, the procedure of the Ministry of Interior in the provision of training and the scope of cooperation between the Ministry of Interior and other competent central administrative offices for the verification of specific competence.

HLAVA VI

CORRECTION AND PROCEDURE OF THE CUSTOMS AUTHORITY IN IMPLEMENTATION OF THE PERFORMANCE CONTROL OF THE GRANTED SCOPE OF THE AUTHORITY

§ 24

The authorisation of the District Office for carrying out the exercise of its powers by the authorities of municipalities shall be governed by a separate law. 16)

§ 25

The staff of the district office responsible for carrying out the inspection of the activities of the municipal authority or of the special authority of the municipality ("the inspecting authority ') shall be obliged to prove by written delegation of the priority.

§ 26

The controller shall be entitled to:

(a) require the competent authority of the municipality (§ 25) to submit the supporting documents and to provide the complete information necessary to carry out the inspection within the prescribed time limit;

(b) ensure, where justified, the supporting documents submitted; they are to be certified in writing.

§ 27

The controller shall:

(a) notify the Mayor of the municipality of the commencement and termination of the inspection and submit a mandate for its implementation;

(b) establish and compare the actual state of the controlled activities with the relevant legislation;

(c) ensure the proper protection of the collateral and return it without delay, if the reasons for the collateral have been omitted;

(d) make a report on the results of the inspection.

§ 28

(1) The control report shall specify in particular:

(a) the designation of the control and control authority;

(b) names of controllers,

(c) the place and time of the inspection;

(d) the subject matter of the check;

(e) any inspection findings, including deficiencies and persons responsible for them;

(f) a proposal for corrective measures with a deadline to address the deficiencies identified;

(g) an indication of all supporting documents on which the control findings are based.

(2) The inspection report shall be signed by all the inspectors who participated in the inspection.

§ 29

The inspector or his superior shall make known the content of the report on the control of the mayor or his authorised representative and the persons responsible for the deficiencies, provided that they are listed in the control report in accordance with Section 28 (1) (e). The master of the municipality or his authorised representative shall forward to the Mayor a copy of the control report. The same copy of the part of the control report defining the personal responsibility for the deficiencies identified shall be transmitted by the controller to the responsible persons and their superior. Where the mayor or his authorised representative or the person responsible refuses to sign the inspection report, he shall indicate it in the control report.

§ 30

(1) The Mayor of the municipality or his authorised representative and the persons responsible may submit written and reasoned objections to the content of the control findings set out in the control report within 15 days of the date of receipt of the control report.

(2) The statement of objections shall be decided by the representative or the representative within 30 days of their receipt to the district office.

(3) The decisions referred to in paragraph 2 shall not be taken in accordance with the administrative rules. 5)

§ 31

(1) If, during the inspection by the county authority, the municipality:

a) fails to comply with the obligation imposed on it pursuant to § 26 (a), the district office shall impose a fine of up to CZK 20,000 by decision;

b) does not remove the deficiencies detected within the specified and then within the newly determined time limit, the district office will impose a fine of up to CZK 100 000 by decision.

(2) Administrative proceedings may be initiated within 1 year from the date on which the district office became aware of the conduct referred to in paragraph 1, but not later than 2 years from the date on which such proceedings took place. An administrative offence cannot be dealt with if three years have elapsed since its commission.

(3) The administrative rules apply to the proceedings referred to in paragraph 1. 5)

(4) The fines imposed pursuant to paragraph 1 shall constitute the revenue of the State budget; their collection and recovery shall be carried out in accordance with the special legislation.4)

HLAVA VII

CONTROL OF THE ACTIVITIES OF THE SECRETARY AUTHORITY

§ 32

(1) If the order of the District Office is contrary to the law, the Ministry of the Interior shall suspend its execution. If, within 30 days of its suspension, the district office fails to remedy, the Minister of the Interior or the Regional Council shall submit a proposal to the Constitutional Court (17) to repeal the order of the District Office.

(2) If the measure of the district office is contrary to the law, other legislation issued under the law and within its limits, by a government order or by central administration directives and not by administrative decision-making, it shall be annulled by the competent regional authority. If the Regional Authority does not do so within 30 days of the date on which it takes effect, it shall be revoked by the Central Administrative Office responsible.

(3) The suspension of the application of the order of the District Office referred to in paragraph 1 and the repeal of any other measure of the District Office referred to in paragraph 2 shall be immediately published by the District Office on its official record for 15 days. At the same time, it shall ensure that this measure is published for the same period on the official plates of the municipal authorities concerned in its administrative district; may also publish them by other appropriate means.

(4) The procedure laid down in paragraphs 1 and 2 shall not apply to the administrative rules (5).

§ 33

The regional authorities and the competent central administrative authorities shall carry out checks on the activities of the district authorities in each section of the state administration within the limits of their competence. The authorities carrying out checks with the district authorities shall proceed accordingly in accordance with the provisions of Sections 25 to 30 of this Act. They shall notify the opening of the check and shall discuss its results with priority.

HLAVA VIII

RELATIONS OF THE GOVERNMENT AND THE OFFICIAL ADMINISTRATIVE AUTHORITIES TO THE CURRENT AUTHORITIES AND THE MAGISTERS OF BRNO, STRAIN AND PLZEN

§ 34

(1) The activities of the district authorities are governed by the Government.

(2) Ministry of the Interior in relation to district offices and municipalities of Brno, Ostrava and Plzeň

(a) publish the Government Bulletin for Regional Authorities, District Authorities and Municipality Authorities and coordinate the publication of directives by central administrations published in this Journal;

(b) checks, in cooperation with the competent central administrative authorities and regional authorities, compliance with government measures in the activities of district authorities and the provision of professional assistance by district authorities to municipal authorities;

(c) organise, in cooperation with the competent central administrations and regional authorities, inspections at selected sections of the activities of the district offices, evaluate their results and submit proposals to the Government for the necessary measures;

(d) coordinate, in cooperation with the relevant central administrative authorities, the construction and implementation of district office information systems through regional authorities and the preparation of selected projects;

e) Organises national meetings of the county authorities' heads and directors of the municipalities of Brno, Ostrava and Plzeň,

(f) control the efficient use of the budget of the district authorities;

(g) determine the number of employees of the district offices and the organisational units set up by them and the amount of appropriations for the salaries of such staff, after consultation with the competent central administrative authorities;

h) Provides training for district office staff and statutory city staff assigned to the Municipality in the public administration section.

(3) The Ministry of the Interior shall perform the tasks of the employer and the superior body in relation to the priorities under the special legislation11 to the extent laid down by the Government's regulation.

§ 35

The central administrative offices within whose jurisdiction the sections of the state administration carried out by the district authorities fall,

(a) manage, within the framework of the laws, state administration by issuing legislation and within their limits by issuing directives;

(b) ensure a uniform procedure for the county authorities in the application of their legislation;

(c) control the performance of the state administration by the district authorities on the entrusted section.

ČÁST DRUHÁ

COMMON AND TRANSITIONAL PROVISIONS

§ 36

(1) The decision of the District Office in administrative proceedings (5) shall be reviewed by the Regional Office concerned, unless otherwise provided for in a special law.

(2) The appeal proceedings against a decision of the District Office not final at the date of application of this provision shall be completed in accordance with the existing rules.

§ 37

It shall continue to function as budgetary and contribution organisations at the date of entry into force of this Law in the transitional period, but not later than 31 December 2002.

§ 38

The regional authorities which were members of regional groupings before the Act was effective shall terminate their membership by 31 December 2002 at the latest.

§ 39

The activities of the District Assembly are hereby terminated. Pending the entry into force of this provision, the activities of the District Assembly shall be governed by existing rules.

§ 40

(1) A staff member who carries out an activity subject to a requirement of special competence and has not demonstrated special competence at the beginning of the application of this law shall be required to carry out the examination within 18 months of the beginning of the application of this law.

(2) The staff referred to in paragraph 1 shall be subject to the provisions of Sections 21 and 22, with the Office of the District Office applying for examination within 3 months of the date of the entry into force of this Act.

(3) The specific competence verified by examination in accordance with the specific legislation in force from 24 November 1990 until the entry into force of this Act (18) is deemed to be specific competence demonstrated under this law.

ČÁST TŘETÍ

FINAL AND REPEAL PROVISIONS

§ 41

(1) The Government will issue regulations implementing Articles 12 (1) and 34 (3).

Citation	Act No. 147 / 2000 Coll., on District Offices
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	12.06.2000
Effective from	12.11.2000
Effective until	-
Status	Valid

Act No. 147 / 2000 Coll.

Law on District Offices

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