The
English version of this document is for guidance only.
The Arabic version is the governing text.
Section
One
Administrative
Cases
Article
1:
An
administrative case shall be filed by the plaintiff with the
President of the Board of Grievances or his designee. It shall
contain particulars about the plaintiff, defendant, subject-matter
of the case, and the date of filing the claim against the
administrative body if such a claim is of the type that must
be demanded before filing the case, in accordance with Article
Two of these Rules, and the outcome of the claim; or the date
of filing the grievance against the decision contested if
it is of the type against which a grievance must be filed
with the administration body prior to filing a case, in accordance
with Article Three of these Rules, as well as the outcome
thereof. The President of the Board shall refer the case to
the competent circuit within whose jurisdiction the head office
of the defendant is located, or to the competent circuit within
whose jurisdiction the branch of the defendant is located,
if the plaintiff so requests, and the case is related to such
branch.
The
competent circuit may seek the assistance of a specialist
to pre pare the case under its supervision.
Article
2:
The
following shall be observed in relation to cases stipulated
in paragraph (a) of Article Eight of the Law of the Board
of Grievances, prior to filing those cases with the Board:
- Filing a claim against
the competent administrative body within five years from
the date on which the claimed right arose, unless it was
precluded because of a legitimate excuse proved to the competent
circuit. The administrative body must decide such claims
within ninety days from the date of filing. As for rights
arising before the effectiveness of these Rules, the period
specified for claiming them shall commence on the date of
the effectiveness hereof.
- If the decision
of the administrative body was to reject the claim within
the period specified in the previous paragraph, or if such
period lapses without deciding upon the claim, the claim
shall not be filed with the Board except after filing a
grievance with the General Board of Civil Service within
sixty days from the date of notice of the decision of rejection
of the claim or from the lapse of the period specified in
the previous paragraph without deciding thereon. The decision
of rejection of the claim by the administrative body shall
state the reasons for the rejection. The General Board of
Civil Service shall decide on the grievance within sixty
days from the date of its filing.
- If the decision
of the General Board of Civil Service was to reject the
grievance, or the period specified in the previous paragraph
lapses without deciding on the grievance, the case may be
filed with the Board of Grievances within ninety days from
the date of the notice of rejection, upon the lapse of the
sixty days stipulated without deciding on the grievance,
or within the remaining period of the five years provided
for in the first paragraph of this Article, whichever is
longer. The decision made by the General Board of Civil
Service rejecting the grievance shall state the reasons
therefore.
- If the decision
of the General Board of Civil Service affirms the right
of the plaintiff to his claims, and the administrative body
fails to execute it within thirty days from the date of
notification thereof, the case may be filed with the Board
of Grievances within sixty days subsequent to such period,
or within the remaining period of the five years stipulated
in the first paragraph of this Article, whichever is longer.
Article
3:
Unless
otherwise specifically stipulated, the case provided for in
paragraph (b) of Article Eight of the Law of the Board of
Grievances shall only be filed with the Board after filing
a grievance with the competent administrative body within
sixty days from the date of knowledge thereof. Knowledge shall
be established by notifying the parties concerned or by publication
in the Official Gazette if such notification is not possible.
With respect to decisions made before the effectiveness of
these Rules, the specified period for filing a grievance shall
begin from the date of effectiveness thereof.
The
administrative body shall decide on the grievance within ninety
days from the date of filing it. If the decision was to reject
such a grievance, the reasons for rejection shall be stated.
The lapse of ninety days following the date of filing of such
a grievance without a decision shall be considered as though
a decision has been made to reject such a grievance.
If
not related to the civil service affairs, the case shall be
filed with the Board within sixty days from the date of knowledge
of the rejection decision, or upon the lapse of the ninety
days stipulated without a decision thereon.
However,
if the case is related to civil service affairs then before
filing a grievance with the Board, it shall be filed with
the General Board of Civil Service within sixty days from
the date of knowledge of the decision to reject the grievance
or upon the lapse of the period of ninety days specified for
the administrative body without deciding thereon.
The
General Board of Civil Service shall decide on the grievance
within sixty days from the date of filing thereof.
If
the General Board of Civil Service issues a decision to reject
the grievance, or if the period specified for it lapses without
a decision thereon, the case may be filed with the Board of
Grievances within ninety days from the date of knowledge of
the rejection decision or after the lapse of the sixty days
stipulated without a decision on the grievance. The decision
of the General Board of Civil Service rejecting the grievance
shall state the reasons for the rejection.
If
the decision of the General Board of Civil Service is in favor
of the complainant and the administrative body fails to execute
it within thirty days from the date of notice thereof, the
case may be filed with the Board of Grievances within the
sixty days subsequent to this period.
Article
4:
Unless
otherwise specifically stipulated, the cases specified in
paragraphs (c) and (d) of Article Eight of the Law of the
Board of Grievances shall not be heard after the lapse of
five years from the date on which the claimed right arose,
unless it was precluded because of a legitimate excuse proved
to the competent circuit. With respect to the rights that
arose before the effectiveness of these Rules, the period
specified for hearing the cases shall start from the date
of effectiveness of these Rules.
Article
5:
Upon
receiving the case, the head of the circuit shall set a date
for hearing it and notify the parties concerned as well as
the Ministry of Finance and National Economy and the General
Audit Board. The period between the notification and the date
of the hearing session shall not be less than thirty days.
He shall also notify the General Board of Civil Service if
the case is related to the civil service affairs referred
to in Articles Two and Three of these Rules.
During
this period, the Ministry of Finance and National Economy,
the General Audit Board and the General Board of Civil Service,
as the case may be, shall send their views to the Board of
Grievances or request participation in the proceedings. In
this case, coordination shall be made with the government
body that is a party to the case.
Article
6:
Cases
for enforcement of foreign judgments shall be filed in accordance
with the procedures for filing administrative cases stipulated
in Article One of these Rules.
The
competent circuit shall render its judgment after completion
of the case documents and hearing the statements of both parties
to the dispute, or their representatives, either by dismissing
the case or enforcing the foreign judgment on the basis of
reciprocity, provided that it is not inconsistent with the
provisions of Shari'ah . The party in whose favor
the judgment is rendered shall be given an execution copy
of the judgment affixed to it the following caption: "All
competent government bodies and agencies are required to enforce
this judgment by all applicable lawful means even if this
leads to use of coercive force by the police."
Article
7:
Filing
a case shall not entail suspending the enforcement of the
contested decision. The competent circuit, however, may give
an order to cease the enforcement of the decision or otherwise
make an urgent order for a preventive or provisional measure
whenever necessary within twenty-four hours of submission
of an urgent application or its referral thereto, if the circuit
anticipates unavoidable consequences, until it renders a final
judgment on the case.
Section
Two
Penal
and Disciplinary Cases
Article
8:
Penal
and disciplinary cases, including the request for describing
a crime as impinging on integrity and honesty as referred
to in Article 30/16/C of the Implementing Regulations of the
Civil Service Law, shall be filed by the Control and Investigation
Bureau with the Board of Grievances pursuant to an indictment
containing the names of the accused, their descriptions, places
of their residence, the charges against them and the places
where they were committed, the prosecution evidence, and the
legal provisions requested to be applied to them; and the
entire case file shall be attached therewith.
Article
9:
The
President of the Board or his designee shall refer the case
to the competent circuit. Upon receiving the case, the circuit
head shall set a date for hearing it and notify the Control
and Investigation Bureau accordingly. The accused shall also
be notified and provided with a copy of the indictment. The
period between such notification and the date of the hearing
shall not be less than thirty days.
Article
10:
A
person preventively detained or a person banned from travel
by reason of a case pending before one of the Board circuits,
may file a grievance with the President of the Board or his
designee against his detention or travel ban decision.
The
President of the Board, or his designee, shall refer such
a grievance to the competent circuit, which shall decide on
the grievance promptly, within a period not exceeding seven
days. If that is not possible, the circuit shall issue a decision,
prior to the expiry of such period, to set another period,
stating the reasons therefore.
The
grievance shall be decided upon after hearing both parties
to the dispute. The discharge or permission to travel shall
be made whether or not against a surety. The complainant may
not renew his grievance before the expiry of sixty days following
the date of dismissing the previous grievance, unless justified
by new facts or documents.
Article
11:
The
President of the Board or his designee shall notify the bodies
concerned of the decisions of discharge and removal of the
travel ban against the accused for enforcement of such decisions,
unless there is another reason for detention or ban.
Article
12 :
The
cases stipulated in paragraph (f) of Article Eight of the
Law of the Board of Grievances shall terminate with the death
of the accused. The termination of the case, however, shall
not preclude confiscation or recovery of the property illegally
acquired by the accused. It shall neither preclude the hearing
of private right of action before competent courts.
Section
Three
Hearing
the Case and Judgment
Article
13:
Arabic
is the official language approved for recording the procedures
of hearing the case. Statements of non-Arabic speakers shall
be heard through an interpreter. The questions directed to
him and his answers thereto shall be recorded in his own language
and signed by him. Translation into Arabic shall also be recorded
and signed by said person and by the interpreter. Certified
Arabic translations of documents and official papas written
in a foreign language shall be submitted.
Article
14:
The
case shall be heard and decided by the competent circuit,
which shall be formed of a head and two members. The President
of the Board may form subsidiary circuits of a single member
to hear minor cases. Such minor cases shall be specified by
a regulation to be issued by the President of the Board.
Article
15:
Sessions
held by the circuit shall not be valid unless attended by
all members and in the presence of a prosecutor in penal and
disciplinary cases. If the attending members do not constitute
a quorum, another may be designated to complete it. The sessions
shall be public unless the circuit decides to make them closed
in observation of morals or for maintenance of public order,
provided that in all cases the delivery of the judgment be
in a public session.
Article
16:
Control
and management of the session are the duty of the circuit
head. For this purpose, he may take any of the following measures:
-
Expel any person from the session for disorderly conduct.
If the person does not comply with the order and persists,
the circuit may immediately sentence him to a twenty-four
hour imprisonment or impose a fine of two hundred riyals.
The circuit may cancel such sentence before the end of the
session.
-
Order the deletion from any document or memorandum presented
by the litigants any expressions which constitute an insult
or a violation of morals or public order.
-
Order the writing of a report about each offense or crime
that takes place during the session as well as about any
transgression against the circuit, any of its members, the
public prosecutor or anyone working for the circuit. The
report shall be forwarded to the competent authority for
appropriate disciplinary action. The circuit head may order
the arrest of a person who commits such offenses, if the
situation so dictates.
Article
17:
Documents
and memoranda submitted by one of the parties to a case shall
not be relied upon without permitting the other party to review
them. The accused or his representative may review the investigation
papers in the presence of the circuit clerk. He may also make
photocopies of the part that concerns him, as specified by
the circuit head.
Article
18:
Litigants
in an administrative case or their representatives shall appear
on the date appointed therefore. If the plaintiff does not
appear without an excuse acceptable to the circuit the circuit
may decide the case as it is, at the request of the defendant
or may strike the case. If stricken, the plaintiff may request
reinstatement of the case, and the circuit shall set a date
for the review and notify the defendant thereof. If the plaintiff
does not appear without an excuse acceptable to the circuit
the circuit shall strike the case and shall not rehear it
except pursuant to an en banc decision by members of the appeal
panel. If the defendant does not appear, the circuit shall
postpone the hearing of the case to a following session of
which the defendant shall be notified. If he fails to appear,
the circuit shall decide on the case, and the judgment shall
be considered in all cases as if rendered in the presence
of the defendant.
Article
19:
In
disciplinary and penal cases, the accused himself shall attend
the trial sessions and shall defend himself in writing or
verbally. He may seek the assistance of a lawyer and ask for
the summoning of witnesses to hear their testimony. If the
accused in a disciplinary case does not appear after being
duly notified, the circuit shall proceed with the trial procedures.
However,
if the accused in a penal case is notified and does not appear,
he shall be summoned again to attend another session. If he
still fails to appear, the circuit may render a default judgment
or order him summoned to a fixed session. If it is impossible
to summon him, the circuit may render a default judgment in
the case.
Article
20:
If
the plaintiff or the defendant attends any session of an administrative
case before the competent circuit the trial shall be considered
as if in his presence even if he fails to attend the subsequent
sessions.
As
for the disciplinary and penal cases, the judgment shall be
considered as if in the presence of the accused person if
he attends one session and presents his defense, even if judgment
is postponed and he does not attend the session in which the
judgment is rendered.
Article
21:
The
circuit clerk shall prepare the minutes of the session under
the supervision of the circuit head. The minutes shall include
the names of the circuit members who attended the session,
time and place of the session, the litigants or accused persons
present and their representatives. The minutes shall also
include the procedures taken during the session, the testimony
of the witnesses, the statements of the parties and their
claims, in addition to a summary of their defenses. The minutes
shall be signed by the members of the circuit, its clerk and
the parties to the case.
Article
22:
The
accused person shall appear before the circuit free of restraints,
but suitably guarded. He shall not be expelled from the session
unless he disturbs the order of the session. The circuit may
proceed with the trial until it is possible to conduct it
in the presence of the accused, provided that he is made aware
of the procedures taken in his absence. In all events, the
accused person shall be the last to speak.
Article
23:
If
the circuit, during the proceedings, finds that it is necessary
to inspect or carry out complementary investigations, it shall
carry it out by itself or designate one of its members for
that purpose.
The
circuit, whether on its own or according to a request by the
prosecutor or the accused person, may summon any witness to
attend the session to give testimony. The circuit, however,
must not allow directing questions to the witness that are
irrelevant to the subject of the case, or which may lead to
confusing or intimidating him.
Article
24:
If
the circuit decides to seek expert help, it may designate
one or more experts provided that its decision shall specifically
and fully determine their task, a deadline to submit their
report, and a deadline for the hearing session based on the
report. It may as well seek assistance of the expert for a
verbal opinion during the session, provided that his opinion
is included in the minutes of the session.
The
President of the Board shall issue the necessary provisions
regarding the experts' fees.
Article
25:
The
accused or any interested party may request the recusal of
any member of the circuit if there is a reason justifying
this request. Accordingly, the trial procedures shall be suspended
until a decision has been taken. The President of the Board
shall decide this request and his decision shall be final.
If
a member of the circuit feels embarrassment hearing a case,
he may submit to the President of' the Board a recusal request
and the President of the Board shall make a decision thereon.
Article
26:
If
the circuit hearing a disciplinary case finds that the incident
stated in the indictment constitutes a penal crime, it shall
refrain from hearing the trial as a disciplinary case and
decide to refer the case to the Control and Investigation
Bureau to take the necessary action.
Article
27:
The
circuit may change the legal description of the action attributed
to the accused, or amend the charge by adding the aggravating
circum-stances proven to the circuit through the interrogation
or the pleading during the session, even if such circumstances
are not stated in the indictment. The circuit shall notify
the accused of such change and, upon his request, give him
sufficient time to prepare his defense in light of the new
description or change.
Article
28:
The
circuit shall decide on the facts cited in the indictment.
However, it may, at the request of the Control and Investigation
Bureau, render a judgment on facts not cited in the indictment
or against newly accused persons if the case file includes
such facts, provided that the accused be given an appropriate
deadline to prepare his defense. The circuit may on its own
undertake to make a decision to refer the case to the Control
and Investigation Bureau to investigate the case and take
whatever actions required by law, as in any other case.
If
the case is returned to the Board, it shall be transferred
to a circuit other than that which originally handled it.
If that circuit did not decide the original case, and the
case is connected in an inseparable way with the new case,
then the whole case shall be transferred to the circuit which
originally handled it.
Article
29:
If
the judgment issued by the Board of Grievances includes an
indication that an act has been committed constituting a penal
or disciplinary offense, the competent investigation authority
shall be provided with a copy of that judgment in order to
take the necessary action required by law.
Article
30 :
If
the circuit is formed of more than one member, it shall confidentially
deliberate in session. Judgments shall be rendered by majority
vote, and the judgment shall be attributed to the circuit.
A dissenter shall, in the session minutes, give explanation
for his dissent and the reasons therefore. The majority shall
also state, in the minutes of the session, their opinion in
response to the dissenter's dissent. The minutes shall be
signed by all members of the circuit and its clerk.
Article
31:
Notice
of judgment shall include the reasons on which the judgment
was based, grounds thereof, the circuit issuing it, date and
place of issuance, the relevant case, whether it is administrative,
penal or disciplinary, names of circuit members who heard
the pleading, name of the prosecutor and his demands, names
and capacities of the parties in the case, their domicile,
attendance or absence, names of their representatives and
the demands or defenses submitted by them as well as the evidences
proffered by them.
The
original copy of the judgment notice shall be signed by the
circuit head, the circuit members and its clerk within fifteen
days. In case the circuit is formed of only one member, the
original copy of the judgment notice shall be signed by him
and the circuit clerk.
The
original signed copy of the judgment notice shall be deposited
in the case file and a copy, affixed with the seal of the
circuit and signed by the circuit head and its clerk, shall
be given to all relevant parties. The circuit rendering the
judgment shall inform the convict after providing him with
a copy of the judgment notice, of his right to appeal the
judgment within thirty days from the date of his receiving
the judgment notice and that if he does not appeal the judgment
within such period, the judgment against him shall be final
and enforceable.
Article
32:
If
the circuit finds in the convict's conduct, past record, age,
personal circumstances, or the circumstances under which the
crime was committed, or any other reasons that justify staying
the execution of the judgment, it may state in its judgment
the stay of the execution of the penalty. Such stay shall
have no effect on the disciplinary penalties to which the
convict is subject. The stay shall be lifted if the convict
is convicted by one of the Board circuits of a corporal penalty
in another penal case committed within three years from the
date on which the stayed judgment becomes final.
Article
33:
The
circuit shall, on its own or at the request of a relevant
party, correct any purely material mistakes made in its judgment,
whether written or computational.
But
in case of ambiguity or vagueness in the judgment, any relevant
party may file a request with the President of the Board to
refer the case to the circuit which made the judgment for
an explanation.
Section
Four
Ways
of Objection to Judgments
Article
34:
Judgments
rendered in cases provided for under paragraphs (c) and (d)
of Article Eight of the Law of the Board of Grievances, contrary
to what is requested by the administrative body or not in
its favor, shall not be final and enforceable until they are
appealed.
Article
35:
Subject
to the provisions of Article Thirty Four of these Rules, judgments
rendered by the Board with respect to administrative cases
shall be final and enforceable after the lapse of the period
specified for the application for appeal referred to in Article
Thirty-One of these Rules, unless either of the parties to
the case, the Ministry of Finance and National Economy or
the General Audit Board, in respect of administrative cases,
or the General Board of Civil Service, in respect of cases
related to the civil service affairs referred to in Articles
Two and Three of these Rules, apply for appeal during the
said period.
Article
36:
Acceptance
of the application for appeal entails that the competent appeal
circuit either affirms or reverse the judgment. In case of
reversal, it may either remand the case to the issuing circuit
or adjudicate it. If the case is remanded to the circuit which
originally handled it, and that circuit insists on its judgment,
the appeal circuit shall adjudicate the case if it is not
persuaded by the arguments of that circuit.
In
all instances where the appeal circuit undertakes to adjudicate
the case, the decision shall only be made after hearing the
statements of the litigants.
The
appeal circuit may take whatever it deems appropriate with
respect to inspection or seeking the assistance of experts.
In
all cases, judgments made by the appeal circuit shall be final.
Article
37:
In
penal and disciplinary cases, the prosecutor and the convict
may appeal the judgment within the appeal period specified
in Article Thirty-One of these Rules, including the judgment
issued which describes the crime as impinging on honor or
integrity as mentioned in Article Eight of these Rules.
The
application shall include data relevant to the parties to
the case, description of the judgment requested for appeal,
the date of notification, and the grounds upon which the application
was based.
The
President of the Board or his designee shall refer the application
along with the case file to the appeal circuit to adjudicate
the case and make a decision thereon. Its judgment shall be
final, except for judgments to terminate services of employees
of Grade Fourteen and above, or its equivalent, which shall
only be final upon ratification by the President of the Council
of Ministers.
If
the application for appeal is filed by the prosecutor, the
appeal circuit may uphold, reverse, or amend the judgment.
However, if such amendment is not in favor of the accused,
the circuit must hear his statements before the amendment.
If
the application for appeal is filed by the convict alone,
the circuit may only uphold the judgment or amend it in his
favor.
Article
38 :
The
appeal circuit may remand the case to the circuit that rendered
the judgment for explanation of any ambiguity or vagueness
contained therein.
Article
39:
An
appeal circuit shall be established, headed by the President
of the Board of Grievances and consisting of an adequate number
of members to be appointed by the President of the Board.
It shall have one or more appeal circuits.
The
appeal circuit shall be comprised of three members appointed
by the President of the Board who shall appoint one of them
as the circuit head. The President of the Board may form the
appeal circuit of one member to appeal minor cases as determined
by the President of the Board in accordance with Article Fourteen.
Article
40:
If
the appeal circuit decides on any case under its consideration
to change an independent reasoning which it or another circuit
had previously reached, or which had been previously affirmed
by the appeal circuit, it shall forward the matter to the
President of the Board who shall refer it to the appeal circuit
for an en banc meeting to be headed by the President of the
Board, together with three of the circuit heads selected by
the President of the Board. The joint circuit shall render
its decision by majority vote of two-thirds of the members.
Article
41:
The
person convicted in absentia may apply to the President of
the Board or his designee to appeal the judgment rendered
against him, within thirty days from the date on which he
was notified of the judgment The President of the Board or
his designee shall refer such application to the circuit that
had rendered the judgment for retrial in the presence of the
accused.
Article
42:
If,
after the final disposition of the case, new facts emerge
or documents are presented which were not known at the time
of the trial, and such documents were to acquit the convict,
the convict or the prosecutor may apply to the President of
the Board or his designee to reconsider the final judgments.
The application shall be submitted within thirty days from
the date of knowledge hereof. It shall include the judgment
and the grounds for the reconsideration requested. The President
of the Board or his designee shall refer such application
to the circuit which had rendered the judgment to dispose
of in the presence of the parties to the case.
Section
Five
General
Provisions
Article
43:
Notifications
specified in these Rules shall be made as follows:
-
Notices shall be delivered to the person himself wherever
he is. Otherwise, they shall be delivered to anyone who
shares residence with him.
-
With respect to commercial companies and private establishments,
notices shall be delivered to one of the general partners,
the chairman of the board of directors, the manager, or
to anyone acting on their behalf, or to the owner of the
private establishment or to someone acting on his behalf.
-
With respect to foreign companies with a branch office or
an agent in the Kingdom, notices shall be delivered to the
manager of such branch office or to the agent.
-
If delivery of the notices is not possible in accordance
with the foregoing, they shall be delivered to the umdah
(chief of a neighborhood).
-
If it is not possible to know the place of residence of
the accused or his address in the Kingdom, he shall be notified
through publication in the Official Gazette.
-
With respect to the residents outside the Kingdom, they
shall be notified through the Ministry of Foreign Affairs,
and it shall be sufficient in this case to receive a reply
evidencing notification.
-
With respect to the State, notices shall be delivered to
the ministers concerned or to heads of government authorities,
the directors of public institutions or commissions or to
those acting on their behalf.
-
With respect to military personnel and persons employed
by military bodies, notices shall be delivered through the
relevant authority.
-
With respect to prisoners, notices shall be delivered to
the prison warden.
Article
44:
The
President of the Board shall issue the decisions necessary
for the implementation of these Rules.
Article
45 :
These
Rules shall apply to cases pending at the time of the implementation
of such Rules at the stage reached.
Article
46:
Judgments
that have not been notified to the parties to a case prior
to enforcement of these Rules shall be subject to the provisions
concerning the ways of objection to judgments.
Article
47:
These
Rules shall be published in the Official Gazette and shall
come into effect after thirty days from the date of publication
thereof. They shall supersede the Council of Ministers' Resolutions
No.16 dated 06/01/1382 H, and No.968 dated 15-16/09/1392 H,
and shall also supersede all provisions inconsistent therewith.
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