Submission and processing of complaints against the procedures of the CMI or against the inappropriate behavior of its employees

03.      Naming the situation "I need to deal with", the problem that is solved by the procedure below

Submission and processing of complaints against the procedures of the CMI or against the inappropriate behavior of its employees

04.              Basic information regarding the submission and processing of complaints

Complaints shall be handled in accordance with the Administrative Procedure Code.

Complaints against the conduct of the CMI or against improper conduct of its staff are handled by the relevant internal organisational unit (hereinafter referred to as the 'CMI OU'), see the CMI organisation chart.

A complaint is a submission by the person concerned against the improper conduct of individual CMI employees or against a CMI action in cases where the Administrative Code does not provide any other remedy.

The lodging of a complaint must not be to the detriment of the complainant; liability for a criminal offence or administrative offence is not affected.

CMI is obliged to investigate the facts stated in the complaint. If it considers it appropriate, it shall hear the complainant, the persons against whom the complaint is directed and, where appropriate, other persons who may contribute to clarifying the matter. During investigating the causes of the complaint, the utmost impartiality shall be ensured in this procedure.

If the results of the investigation determine that the complaint is unjustified, the result shall be recorded and the complainant shall be informed promptly in writing of this fact and of the reasons for the unjustified nature of the complaint.

If the complaint is found to be justified according to the results of the investigation, information on how to remedy the cause shall be sent to the complainant.

The complaint must be dealt  within 60 days of its receipt by CMI. The complainant must be notified of the resolution of the complaint within this time limit.

If the complainant considers that the complaint he has lodged with the CMI has not been properly dealt with, he may lodge an objection to the handling of the complaint with the Director General of the CMI within 30 days of receipt of the complaint. If the complainant disagrees with the DG's decision, the DG's secretariat will forward the complete complaint file to the authority to be dealt with (IOMZ, MIT - depending on the nature of the matter). The complainant may also, if he/she considers that the complaint he/she has lodged with the relevant administrative authority has not been properly dealt with, request the superior administrative authority to review the manner in which the complaint was dealt with.

05.              Who is authorised to act in this matter

Any affected natural or legal person, i.e. a person who is affected by the procedure of the CMI as an administrative body in an individual case, can file a complaint.

06.              Conditions and procedure for lodging a complaint

Complaints by the persons concerned may be directed against the procedure of the CMI or against the inappropriate behavior of its employees and are handled by the relevant head of the Internal organisation unit  at the CMI. If the complainant believes that his complaint was not properly handled by the CMI, he can ask a superior administrative body to investigate the manner in which the complaint was handled.

07.              Initiating a complaint about the procedure of the CMI or about the inappropriate behavior of its employees

Complaints can be made in writing or verbally. If the relevant ČMI employee does not handle the oral complaint immediately, he will hear the complainant and make a written record of the complaint.

08.              Who can you contact?

Complaints are handled in the CMI by the relevant senior employee of the CMI internal organisation unit, see the CMI organisation chart.

Copies of all complaints received are filed by the designated staff member at the DG.  

09.              How and where to lodge a complaint

Complaints about the procedure of the CMI or the improper behavior of its employees can be submitted in writing or verbally, either to the relevant OBS CMI or directly to the CMI directorate (in this case, the request is immediately forwarded to the specific self-employed CMI to which the complaint relates).

10.              What documents you need to bring with you

You do not need to submit any documents to file a complaint.

The complaint must contain all the formal requirements of submission according to § 37 of the Administrative Code, i.e. it must be clear that it is addressed to the CMI, that it is a complaint against the procedure of the CMI or against an incorrect procedure of the CMI or his employees and must state who is making the complaint; the complainant must state his name, surname, date of birth (name, identification number), address of permanent residence (domicile) or address for delivery. If the complaint does not contain these details enabling it to be processed, the CMI will help the complainant to eliminate the deficiencies or invite him to rectify them and provide him with a reasonable period of time to do so. At the same time, he will inform the complainant that if he does not remove the ambiguities, he will not deal with the complaint further.

11.              What submission forms are required and where they are available

There are no prescribed forms.

12.              Fees and how to pay them

There are no administrative or other fees.

13.              Time limits for dealing with complaints about the conduct of the CMI or misconduct by its staff

The complaint must be dealt with without undue delay so that no unnecessary costs are incurred and the persons concerned are least burdened.

The complaint must be resolved within 60 days from the date of its receipt by CMI. The complainant must be notified of the disposition of the complaint within this time period. The time limit may be exceeded only if the necessary supporting documents cannot be secured within the time limit. The complainant shall always be informed of any exceeding of the time limit.

The settlement of the complaint shall state whether the complaint as a whole or in its various parts is justified, partially justified or unfounded. The CMI employee shall state the facts and legal provisions relied on in justifying the settlement. If the complaint is found to be justified or partially justified, the CMI shall take the necessary remedial measures without delay.

14.              Other (affected) parties

There are no other parties to the procedure.

15.              What other actions are required of you as a complainant

No further actions are specified

16.              You can use this electronic service

Send complaints in electronic form to: complaints@cmi.gov.cz

17.              Which legal provision is followed

Act No. 500/2004 Coll., Administrative Code.

18.              What are the related regulations

No related regulations.

19.              What are the remedies and how they are applied

If the complainant considers that a complaint he has lodged with the CMI has not been properly dealt with, he may lodge an objection to the handling of the complaint with the Director General of the CMI within 30 days of receipt of the complaint. If the complainant disagrees with the DG's decision, the DG's secretariat will forward the complete complaint file to the authority to be dealt with (COSM, MIT - depending on the nature of the matter).

The complainant may also, if he/she considers that the complaint he/she has lodged with the competent administrative authority has not been properly dealt with, request the superior administrative authority to review the way in which the complaint has been dealt with.

20.              What sanctions may be applied in the event of non-compliance

There are no sanctions.

21.              Frequently asked questions from the public on this subject and the answers to them

No frequently aked question so far.

22.              Need to know more about the complaints? Who to contact?

Mgr. Tomáš Hendrych, thendrych@cmi.gov.cz

23.              You can also obtain relevant information from other sources or in other forms

24.              Related issues

Anti-corruption hotline: anticorruption@cmi. cz

30.              Any clarifications and comments

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The description of the procedure for solving the problem/situation followed by the CMI in this case is published exactly as prescribed by Decree No 442/2006 Coll., which lays down the structure of information published about the obliged entity in a manner allowing remote access.