Teachers’ Act Article 44

Teachers’ appeal procedures are divided into appeals and further appeals, each at two levels, as follows:1.For teachers at junior colleges and institutions of higher education: appeals are divided into institution level appeals, and central level 2 appeals.2.For teachers at senior secondary or lower level schools: appeals are divided into municipal, county (city), and central level appeals. However, all appeals for schools under the jurisdiction of the Central Competent Authority are central level 1 appeals, and an appeal lodged by such a school is deemed a further appeal.A teacher who is dissatisfied with the decision of any appeal may lodge a further appeal. If the educational institution or the Competent Authority is dissatisfied with the result of an appeal, it too may lodge a further appeal.After lodging an appeal or further appeal in accordance with this Act, a teacher is not permitted to also lodge an administrative appeal in accordance with Administrative Appeal Act; if an administrative appeal is lodged before the conclusion of an appeal or further appeal procedure, within ten days the agency that accepted lodgment of that administrative appeal shall transfer the case to the Teacher Appeal Review Committee with jurisdiction and shall notify the teacher concerned. If an administrative appeal is lodged at the same time it shall be handled in the same way.If a teacher lodges an administrative appeal in accordance with the Administrative Appeal Act and then lodges an appeal in accordance with this Act, the Teacher Appeal Review Committee that accepted the appeal shall halt its review until that teacher has retracted the administrative appeal or the administrative appeal has been determined and then continue its review. If the original measure was an administrative disposition, the committee shall make a decision not to proceed with the appeal.Any cases still pending before the May 10, 2019 amendments to this Act take effect shall subsequently be finalized using procedures in accordance with the provisions of this Act after the amendments took effect.If any original measure was by nature an administrative disposition, any further appeal decision shall be regarded as equivalent to an administrative appeal decision; if the appellant is dissatisfied with a further appeal decision, the person may initiate administrative litigation in accordance with the law.
中文原文 教師法第44條
教師申訴之程序分為申訴及再申訴二級如下:
一、專科以上學校分學校及中央二級。
二、高級中等以下學校分直轄市、縣(市)及中央二級。
但中央主管機關所屬學校為中央一級,其提起之申訴,以再申訴論。
教師不服申訴決定者,得提起再申訴;學校及主管機關不服申訴決定者,亦同。
教師依本法提起申訴、再申訴後,不得復依訴願法提起訴願;於申訴、再申訴程序終結前提起訴願者,受理訴願機關應於十日內,將該事件移送應受理之教師申訴評議委員會,並通知教師;同時提起訴願者,亦同。
教師依訴願法提起訴願後,復依本法提起申訴者,受理之教師申訴評議委員會應停止評議,並於教師撤回訴願或訴願決定確定後繼續評議;原措施屬行政處分者,應為申訴不受理之決定。
本法中華民國一百零八年五月十日修正之條文施行前,尚未終結之事件,其以後之程序,依修正施行後之本法規定終結之。
原措施性質屬行政處分者,其再申訴決定視同訴願決定;不服再申訴決定者,得依法提起行政訴訟。

English translation for reference only; the Chinese text prevails. Not legal advice.