MINISTER OF EDUCATION AND SCIENCE

MINISTER OF EDUCATION AND SCIENCE MINISTER OF EDUCATION AND SCIENCE OF THE REPUBLIC OF LITHUANIA ORDER No. ISAK-423 ON THE APPROVAL OF THE INVESTIGATION ORDER OF APPLEALS AGAINST THE DECISIONS TAKEN BY THE EXPERT GROUPS FORMED BY THE LITHUANIAN CENTRE FOR QUALITY ASSESSMENT IN HIGHER EDUCATION CONCERNING THE ASSESSMENT OF THE FORWARDNESS TO PURSUE STUDIES 25 March, 2004 Vilnius Observing paragraph 11 of the Order of the Establishment of Higher Education Institutions and Issuance of Licenses to Pursue Studies approved by Decree No.1153 of 9 September, 2003 of the Government of the Republic of Lithuania (Official Gazette, 2003, No.87-3944), I A p p r o v e the Investigation Order of Appeals against the Decisions Taken by the Expert Groups Formed by the Lithuanian Centre for Quality Assessment in Higher Education Concerning the Assessment of the Forwardness to Pursue Studies (attached). Minister Algirdas Monkevičius Approved by Order No.ISAK-423 of 25 March, 2004 of the Minister of Education and Science of the Republic of Lithuania THE INVESTIGATION ORDER OF APPLEALS AGAINST THE DECISIONS TAKEN BY THE EXPERT GROUPS FORMED BY THE LITHUANIAN CENTRE FOR QUALITY ASSESSMENT IN HIGHER EDUCATION CONCERNING THE ASSESSMENT OF THE FORWARDNESS TO PURSUE STUDIES I. GENERAL PROVISIONS

1. This order shall regulate the competence, order of the formation and organization of work, rights and functions of the expert commissions (further referred to as “the commissions”) that investigate appeals concerning the decisions taken by the expert groups formed by the Lithuanian Centre for Quality Assessment in Higher Education as a result of the assessment of the forwardness to pursue studies, the order of appealing, investigating appeals, the order of decision-making by the commissions and by the minister of education and science and appeals against the taken decisions.
2. A commission comprising of 7 members - officers or employees of the Ministry of Education and Science, public establishments concerned, institutions of higher education and science and education establishments - shall be formed by the order of the minister of education and science to investigate each appeal.
3. Commissions shall observe the Law on Higher Education of the Republic of Lithuania (Official Gazette, 2000, No.27-715), the Order of the Establishment of Higher Education Institutions and Issuance of Licenses to Pursue Studies approved by Decree No.1153 of 9 September, 2003 of the Government of the Republic of Lithuania, the Order of Issuance and Registration of Licenses to Pursue Studies approved by order No.ISAK-1503 of 30 October, 2003 of the Minister of Education and Science (Official Gazette, 2003, No.104-4674), international treaties and other legal acts of the Republic of Lithuania and this order. II. FUNCTIONS AND RIGHTS OF THE COMMISSIONS
4. The commissions shall perform their activity in the premises of the Ministry of Education and Science at A.Volano str. 2/7, Vilnius.
5. Commissions shall fulfill the following functions: 5.
6. shall investigate the registered appeals; 5.
7. shall take decisions concerning the requirements set forth in the appeals; 5.
8. shall inform the parties concerned about the decisions taken by the commission.
9. The commissions fulfilling their functions shall have the right: 6.
10. to apply to the competent authorities and receive their findings, proposals and other relevant information necessary for the decision-making; 6.
11. to involve specialist of respective fields (experts); 6.
12. to invite officers and employees of the Ministry of Education and Science and institutions under its regulation, the Lithuanian Centre for Quality Assessment in Higher Education, other public establishments, institutions of higher education and science and other institutions to its meetings at the time agreed upon in advance. III. ORGANIZATION OF THE WORK OF THE COMMISSIONS
13. The minister of education and science shall appoint the chairperson of each commission, its deputy and a secretary.
14. Meetings shall be a form of the work of the commissions; they shall be convened by necessity with regard to the terms set to the investigation of appeals.
15. The chairpersons of the commissions shall convene the meetings. The meeting may also be convened on the requirement of two thirds of the commission.
16. The members of the commissions shall be informed about the meeting not later than 3 working days before the meeting. Simultaneously, the received appeals together with the related material shall be delivered to them.
17. Decisions of the commissions concerning the requirements set forth in the appeals shall be considered valid if they gain the majority of votes of the members of the commission present at the meeting, but no less than a half of all the members of the commission. In cases when the votes distribute equally, the chairperson shall have the casting vote.
18. The meeting of the commission shall be lawful if no less than two thirds of the members of the commission take part in it. The chairperson shall preside over the meetings, in the chairperson’s absence – deputy chairperson of the commission.
19. Decisions of the commissions concerning the requirements set forth in the appeals shall be formalized by minutes signed by the chairperson of the meeting and the secretary. IV. ORDER OF THE INVESTIGATION OF APPEALS
20. The appeal in writing shall be submitted to the minister of education and science who shall form a commission within 7 days from the receipt of the appeal and deliver the registered appeal to the chairperson of the commission.
21. The commission shall have to investigate the received appeal and take a decision concerning it within 30 days from its receipt in the commission.
22. The person who has submitted the appeal, as well as the Lithuanian Centre for Quality Assessment in Higher Education, shall be informed about the time and the place of the commission meeting. The Lithuanian Centre for Quality Assessment in Higher Education shall have the right to get acquainted with the appeals and other supporting documents before the meeting of the commission.
23. Applicant’s or officials’ or employees’ of the Lithuanian Centre for Quality Assessment in Higher Education absence from the meeting, if they have been duly informed thereof, shall not impede the investigation of the appeal and decision-taking concerning the requirements set forth in the appeal.
24. The commission may require the applicant to submit complementary documents.
25. The time in which the applicant is bind over to submit complementary documents to the commission or during which the commission applies to other institutions for information, shall not be reckoned in the time of the investigation of the appeal.
26. The appeal shall be considered investigated after a decision concerning the requirements set forth in the appeal is taken.
27. The commission shall take one of the following decisions after the investigation: 21.
28. to suggest the minister of education and science to satisfy the appeal; 21.
29. to suggest the minister of education and science to satisfy the appeal partly and charge the Lithuanian Centre for Quality Assessment in Higher Education and Science to make an extra assessment within the indicated time; 21.
30. to suggest the minister of education and science not to satisfy the appeal and validate the decision taken by the expert group formed by the Lithuanian Centre for Quality Assessment in Higher Education.
31. The commission shall inform the applicant and the Lithuanian Centre for Quality Assessment in Higher Education and, if necessary, other institutions and establishments concerned about the decision taken by the commission. V. FINAL PROVISIONS
32. The minister of education and science shall make a decision concerning the submitted appeal basing on the proposal of the concrete commission.
33. The applicant, who does not agree with the decision taken by the minister of education and science, may appeal against it in the order established by the Law on Administrative Proceedings.