We place the staff examining query as "member of trial" legally to raise fairness-related transparency of trial in Administrative Appeal Law, and member of trial will carry central role in trial of real query (when the superintendent of education becomes examination agency, based on regulations of law Article 9, we appoint member of trial. When Board of Education becomes examination agency, nomination becomes needless.) .
Member of trial becomes the staff (in City of Yokohama, Board of Education Secretariat, we employ lawyer as the part-time service special positions in the civil service staff and appoint as member of trial.) belonging to examination agency which received nomination from examination agency. It is said that we cannot appoint people who participated in procedure about disposal from point of view securing that trial is carried out justly as member of trial (law Article 9 Paragraph 1 and Paragraph 2).
Member of trial receives submissions such as argument books from explanation book or examination claimant from disposal agencies and performs necessary investigations again, and it is decided to submit to examination agency with summary, case record by statement of position (member of trial statement of position) about decision that examination agency should do by result of trial.
In addition, it is decided to publicize this by regulations of law Article 17 when examination agency should become member of trial and made list of person.
Member of trial list
||The part-time service special positions in the civil service staff
||Board of Education Secretariat Personnel Section
[reference] Administrative Appeal Law (extract)
(member of trial)
Administrative agency (we include administrative agency which received transfer by regulations of Article 14.where query was made by Article 9 Article 4 or other laws or regulations of the regulations You say "examination agency" as follows, and) nominates person performing trial procedure (include procedure prescribed in this gnarl.) to prescribe for Section 3 from the staff (person who is listed in the list concerned when we meet when we make list prescribed in Article 17) belonging to examination agency and must notify (limited to disposal agencies except examination agency.) such as examination claimant and disposal agencies of so. But it is not this limit when when organization advocating in one of each next issue is examination agency or when there is special fate in the regulations about disposal based on the regulations or we reject the query concerned by regulations of Article 24.
Committee to prescribe in one Cabinet Office setting method Article 49 Paragraph 1 or Paragraph 2 or National Government Organization Act Article 3 Paragraph 2
Engine prescribed in two Cabinet Office setting method Article 37 or Article 54 or National Government Organization Act Article 8
Committee to prescribe in four Paragraph 1 of three Local Government Act (1947 law No. 67) Article 138 or committee or engine to prescribe in article Paragraph 3
Person whom 2 examination agency appoints by regulations of foregoing paragraph must be person except person raising next.
Person who participated in decision about request for reexamination to affect disposal to affect one query or the disposal concerned or person who participates in disposal to modify inaction to modify query or will participate
Two examination claimants
Spouse of three examination claimants, relative in relation in the fourth degree or relative of living together
Proxy/agent of four examination claimants
Person who was person who advocated to in front of five two
Guardian, spokesman for the wards, conservator, ho*kan*jin of six examination claimants, supporting person or supporting supervision person
Party concerned to prescribe in seven Article 13 Paragraph 1
(Paragraph 3 and Paragraph 4 abbreviation)
(list of person who should become member of trial)
When you act as administrative agency which should become Article 17 examination agency to make list of person who should become member of trial and made this, you must publicize by suitable method of equipping and others in office of the examination agency concerned and administrative agency where it should be and relations disposal agency.