By-Law of the Maintenance Guarantee Fund Administration

Republic of Latvia

Cabinet

Regulation No 614

Adopted 20 July 2004

By-law of the Maintenance Guarantee Fund Administration

Issued pursuant to

Section 16, Part one

of the State Administration Structure Law

I. General Provisions

1. The Maintenance Guarantee Fund Administration (hereinafter – Fund Administration) is a direct administration institution subject to the control of the Ministry of Children and Family Affairs.

2. The Fund Administration is the holder of the resources of the Maintenance Guarantee Fund.

II. The Function, Tasks and Competence of the Fund Administration

3. The Fund Administration shall utilise Fund resources.

4. In order to ensure the performance of the functions referred to in Paragraph 3 of these Regulations, the Fund Administration shall perform the following tasks:

4.1. raise, save and pay out Fund resources in accordance with the Section 3, Paragraph one of the Maintenance Guarantee Fund Law;

4.2. utilise Fund resources purposefully and effectively, as well as ensure control of the utilisation thereof; and

4.3. register persons to whom the maintenance from the Fund has been paid and debtors.

5. The Fund Administration has the following obligations:

5.1. without any special court decision to take up the function of the enforcer of the debt in the maintenance case in the section regarding the maintenance levy paid out in accordance with the procedures specified in Section 8 of the Maintenance Guarantee Fund Law;

5.2. on an uncontested basis recover from an applicant, who has provided false information (in order to receive maintenance), the maintenance paid out by the Fund and the lawful interest for the wrongly paid maintenance amount;

5.3. without any special ruling to receive from the debtor lawful interest for the maintenance amount that has been paid out from the Fund and has not been recovered from the debtor;

5.4. to prepare proposals for the draft legislation and draft policy planning documents in the field of the provision of maintenance; and

5.5. prepare and in accordance with the procedures specified in regulatory enactments submit proposals regarding financing from the State Budget required for the implementation of measures provided for in regulatory enactments and the relevant policy planning documents and for the performance of the duties of the institution.

6. The Fund Administration is entitled to:

6.1. receive the financing from the State budget;

6.2. receive gifts and donations;

6.3. request and receive free of charge the information necessary for the fulfilment of the goal of the Fund from the State and local government authorities and institutions, as well as private persons; and

6.4. to exercise other rights specified in regulatory enactments.

III. The Structure of the Fund Administration and the Competence of the Officials

7. The director shall manage the Fund Administration.

8. The director of the Fund Administration shall perform the functions specified in the Maintenance Guarantee Fund Law and other regulatory enactments.

9. The structural units of the Fund Administration shall be the departments, divisions and permanent divisions. The director of the Fund Administration shall establish, reorganise and liquidate the departments, divisions and permanent divisions.

10. The department director shall manage a department. The department director may have deputies.

11. The head of the division shall manage a division and a permanent division.

12. The competence of the department director and heads of divisions and permanent divisions shall be determined in the description of the position of a public servant or in an employment contract.

IV. Mechanism for Ensuring the Rule of Law in the Operation of the Fund Administration and Reports regarding the Operation thereof.

13. The director of the Fund Administration shall ensure the rule of law in the operation of the Fund Administration.

14. Decisions and actual actions of the director of the Fund Administration may be contested by submitting in accordance with the procedures specified by the Administrative Procedure Law the relevant submission to the State Secretary of the Ministry of Children and Family Affairs. A decision of the State Secretary may be appealed in the court.

15. The director of the Fund Administration shall submit to the Minister for Children and Family Affairs a report regarding the fulfilment of the functions of the Fund Administration and utilisation of the State Budget resources not less than once a year.

16. The Minister for Children and Family Affairs has the right to request at any time a report regarding the fulfilment of the Fund Administration and utilisation of the State Budget resources.

V. Closing Provisions

17. These Regulations shall come into force on 1 January 2005.

Prime Minister I. Emsis

Minister for Children and Family Affairs A. Baštiks