Article 66. The procedure for the formation and work of the disciplinary commission The Law on Special State Bodies of the Republic of Kazakhstan
1. The Disciplinary Commission is a permanent collegial consultative and advisory body established in special state bodies to review the materials of an official investigation and investigate facts related to employee misconduct in order to comprehensively, fully and objectively establish the circumstances of the misconduct and make recommendations on the measure of punishment to the person who committed it.
2. The members of the disciplinary commission are elected by open vote at meetings of the unit's personnel from among the most experienced and reputable officers. The number of members of the disciplinary commission must be odd and not less than three persons, one of whom is the chairman.
3. The composition of the disciplinary commission is approved by the order of the authorized head. One of the deputies of the authorized head is appointed as the Chairman of the disciplinary commission. The representative of the personnel office of the unit is appointed by the secretary. The Secretary of the disciplinary commission is not a member of it.
4. The misconduct of authorized managers and their deputies is reviewed by disciplinary commissions of a special state body. Misconduct of senior officers is considered by the disciplinary commission only from among senior officers, misconduct of senior officers – by the disciplinary commission from among senior officers.
5. Meetings of the disciplinary commission are held as necessary.
Meetings of the disciplinary commission are valid in the presence of two thirds of the total number of members of the disciplinary commission, but not less than three persons. The members of the disciplinary commission participate in the meetings without the right to substitute.
6. Before the meeting, the members of the disciplinary commission must be notified of the day, place of the meeting, its agenda and familiarized with the materials for the meeting.
7. A member of the disciplinary commission shall not have the right to participate in reviewing the materials of an internal investigation and investigating the facts concerning the misconduct of his superior, close relative or relative, as well as if there is reason to believe that the member of the disciplinary commission has a direct or indirect interest in making the relevant decision.
8. Members of the disciplinary commission are prohibited from disclosing information that became known to them during the review of official investigation materials.
9. The participation of an employee in respect of whom an internal investigation was conducted is mandatory at a meeting of the disciplinary commission.
If the employee against whom an internal investigation was conducted fails to attend a meeting of the disciplinary commission without a valid reason, this fact is reflected in the minutes of the meeting of the disciplinary commission.
The failure of an employee against whom an internal investigation was conducted to attend a meeting of the disciplinary commission without a valid reason cannot serve as an obstacle to making a decision to impose a penalty.
10. The Disciplinary Commission reviews the materials of the internal investigation and examines the facts regarding the misconduct. The Disciplinary Commission may hear explanations from the employee against whom the internal investigation was conducted and authorized officials who conducted the internal investigation.
If necessary, the disciplinary commission has the right to hear from witnesses and specialists, request materials and investigate any facts concerning the misconduct (incident)..
11. Proposals of the disciplinary commission are adopted by open voting by a simple majority of votes of the total number of members of the disciplinary commission.
The members of the disciplinary commission are required to express their opinion explicitly and not abstain from voting.
If the votes are equal, the Chairman's vote is decisive.
12. The Disciplinary Commission, within three working days from the date of receipt of the materials of the internal investigation, makes appropriate proposals to the head on the disciplinary responsibility of the employee.
The decision of the disciplinary commission is formalized by a protocol, which is signed by the chairman, the members of the disciplinary commission and the secretary.
The Law of the Republic of Kazakhstan dated February 13, 2012 No. 552-IV.
This Law defines the status of special state bodies of the Republic of Kazakhstan (hereinafter referred to as special state bodies), regulates public relations related to admission to service in special state bodies, its passage and termination, and also defines the legal status, financial support and social protection of employees of special state bodies.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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