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Part 1 · Administrative Procedure  ›  Chapter 6 · Costs, Service and Enforcement › Section 66

Enforcement

(1) For enforcement in favour of the authorities of the Federation, of corporations, institutions and foundations under public law directly subject to the Federation, the Federal Administrative Enforcement Act applies. In matters under section 51 of the Social Courts Act, the social court has jurisdiction to order coercive detention in lieu of payment. The supreme administrative authority may determine that the supervisory authority may, after hearing the authorities named in the first sentence, appoint officials of those authorities who are professionally suited for enforcement as enforcement officers, and other officials of that authority professionally suited for this as officers of execution; professional suitability is to be proved by a qualified vocational qualification, participation in a course including practical vocational activity, or corresponding several years of professional experience. The supreme administrative authority may also determine that the supervisory authority may, after hearing the authorities named in the first sentence, appoint officials professionally suited for the enforcement of claims to total social-insurance contributions 1. of the associations of the health insurance funds, or 2. of a particular health insurance fund, as enforcement officers, and other officials of the associations and health insurance funds named who are professionally suited for this as officers of execution. The association of health insurance funds instructed under the fourth sentence is entitled to issue administrative acts to fulfil the function connected with enforcement.
(2) Subsection (1), first to third sentences also applies to enforcement by the bodies competent under Land law to implement the Fourteenth Book; the Land determines the enforcement authority.
(3) For enforcement in favour of the other authorities, the respective Land-law provisions on the administrative enforcement procedure apply. For corporations, institutions and foundations under public law directly subject to a Land, subsection (1), second to fifth sentences applies correspondingly. In derogation from the first sentence, the enforcement authorities competent under Land law enforce, in favour of Land-immediate health insurance funds extending over more than one Land, under the provisions of the Federal Administrative Enforcement Act.
(4) Compulsory enforcement of an administrative act may also take place by correspondent application of the Code of Civil Procedure. The enforcement debtor should, before enforcement begins, be given a reminder with a payment period of one week. The enforceable copy is issued by the head of the authority, his or her general representative, or another civil servant authorised by the supervisory authority on application of a provider of benefits. For insurance carriers and the Federal Employment Agency, the board takes the place of the supervisory authorities in the third sentence.
(5) In an enforcement under subsection (4), there is no duty to use the forms introduced by statutory instrument under section 753(3), section 758a(6) and section 829(4) of the Code of Civil Procedure.

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