Lodging, accepting and processing complaints in SSC
I. GENERAL
SSC deals with complaints (accepting, registering, investigation, processing of complaints) in accoradance with the Act no.9/2010 Z.z. on complaints as amended (further „the Act on complaints“).
Handling the complaints is return, postponing, announcement of the outcome of the investigation or announcement of the outcome of the investigation of former complaint handling.
1. The complaint is delivered by natural or legal person (further „comlainant“) which:
a) requests protection of his rights or legaly protected interests which he considers violated by action or inaction (further „action“) of State Administration authority.
b) highlights specific gaps, mainly infringement of the legislation the authority is obliged to eliminate.
2. lodging is assessed by its content.
3. A complaint is not considerd complaint in case that
a) is of nature of demand, opinion, request, or suggestion.
b) highlights specific gaps in action of the authority which is obliget to eliminate it by special rule,
c) is considered comlaint in accordance with special rule,
d) is against the decision of the appointing authority given in proceedings in accordance with special rule,
e) is against the conclusion of the control, audit, supervision, or inspection in accordance with special rule,
f) contains classified information or its content suggests that proceeding it as a complaint in accordance with the act on complaints could bring compromise of classified information in accordance with special rule.
4. Complaint is not considered complaint if lodged by:
a) authority which highlights gaps in action of other authority
b) person powered by court to exercise official authority
5. Lodging, not in accordance with § 4 (1) a) b), d), e) and f) of the act on complaints, registered as a complaint by Internal Control Department of SSC will be shelved and the complainant will be informed in 15 working days period from the delivery stating the reasons. If SSC is obliged to proceed the complaint in accordance with special rule, Internal Control Department will proceed it to respective department within SSC.
6. Lodging, in accordance with § 4 (1) a) b), d), e) and f) of the act on complaints will be proceeded by SSC in accordance with special rule, if not obliged, the complaint will assign it to Internal Control Department within ten working days from delivery and will inform the comlainant.
7. Lodging, against not yet final decission of authority will be proceeded in accordance with special rule. If SSC is not obliged to proceed it, Internal Control Department will assign it in five working dys to the authority which issued such regulation and will inform the complainant.
II. Lodging and accepting of complaints
This procedure is explained in „How to lodge request, suggestion, complaint“ section.
III. Time limit to handle the compaint
1. SSC is obliged to handle complaint within 60 working days.
2. If the compaint requires it, SSC GD or his authorised representative may prolonge the time limit in 30 days prior to the expiry of original time limit.
Time limit must not be prolonged by authorized representative who investigates the complaint.
3. Agreement to the extension of the time limit must be requested at least 5 working days prior to legal deadline expiry.
4. Extension of the time limit with stating the reasons will be notified to the complainant by Internal Control Department immediately.
5. Time limit to proceed the complaint starts to run by the first wokring day following the day of delivery.
6. In case of the conflict of jurisdiction the time limit to proceed the complaint starts to run on the first working day after the delivery of the decission about the conflict as per § 11 (4) of the act on complaints.
7. Time limit to proceed the complint does not run in case of:
a) request to collaborate with complainant in time from the dispatching of the invitation until its provision,
b) request to synergies with other authority in time from the dispatching of the request until its provision,
c) request to synergies with other persons with their agreement in time from the dispatching of the request until its provision,
IV. Repeated complaint and next repeated complaint
- Repeated complaint is the complainant of the same complainant in the same matter if he does not state new facts.
- Special department of SSC Internal Control department handles repeated complaint, if it is not against with § 12 of act on complaints. Complaint against procedure or suspension is handled by
SSC GD or his authorised representative
if in accordance with § 12 (exclusion criteria from complaint investigation).
- If the complaint was handled by SSC GD or his authorised representative then Ministry of transport, development and regional development is obliged to proceed it.
- Complaint of other complainant in the same matter already proceeded will not be investigated. The complainant will be informed about the result of such investigation by the Internal Control Department.
- Repeated complaint is subject to time limits in accordance with § 13 of the act on complaints.
- Next repeated complaint is a complaint of the same complainant lodged after repeated complaint in the same matter if the complainant does not specify any new circumstances. SSC will not investigate its
proper handling and the next repeated complaint will be shelved in accoradance with § 6 (1) e) of the act on complaints and will not inform the complainant.
V. Suspension of complaint
1. SSC Internal Control Department suspends complaint in cases stated in § 6 (1) of the act on complaints.
2. If the complaint is not in accordance with § 5 (3) of the act on complaints, or if information required to its investigation are absent, SSC Internal Control Department requests complainant in written form to supplement it in time limit in accordance with § 16 (2) of the act on complaints (the time limit to provide cooperation with complainant is ten working days from delivery of written invitation to complainant) with guidance that otherwise the complaint will be suspended.
3. SSC Internal Control Department suspends the complaint in accordance with § 6 (3) of the act on complaints if the complainant takes back his complaint in written form or notifies SSC that he does not insist on proceedings.
4. SSC Internal Control Department informs complainant in written form about the complaint suspension and its reasons in accordance with § 6 (1) of the act on complaints within 60 working days.
VI. Complaint against complaint procedure
1. Complaint expressing complainant‘s disapproval with former complaint handling at SSC is a new complaint against SSC complaint handling procedure.
2. Complaint against SSC complaint handling procedures is not a repeated complaint even if the same circumstances are stated.
3. Time limits in accordance with § 13 of act on complaints apply to complaints against complaint procedure.
4. SSC proceeds complaints against complaint handling under § 22 of act on complaints.
Updated: 27.7.2018
Published: 4.6.2010