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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/24 09:27
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Chapter Law Content

Title: Professional Engineers Act CH
Category: Public Construction Commission, Executive Yuan(行政院公共工程委員會)
Chapter Five Award and Punishment
Article 38
The central competent authority may award professional engineers with specific excellent performances in their professional fields; the rewards are as follows:
1. Awarding certificates of merits, medals, or professional decorations.
2. Commendation in public.
Article 39
A professional engineer who has any of the following circumstances shall be subject to disciplinary action in addition to the punishments provided for in this Act:
1. Violating behavior stipulated in Articles 16 through 18, Article 19, Paragraph 1, Article 20, Article 21, or Article 23, Paragraph 1.
2. Being sentenced to imprisonment as verified by an irrevocable court judgment due to a crime related to the professional practice.
3. Violating the statutes or ethical codes of the professional engineer association, or Article 24, Paragraph 2 seriously.
Article 40
Disciplinary action upon a professional engineer shall be imposed by the professional engineer discipline committee based on the severity of the circumstances in accordance with the following provisions:
1. Warning.
2. Reprimand.
3. Suspension of the professional practice between not less than two months and not more than two years.
4. Abolishment of the professional engineer license.
5. Abolishment of the professional engineer certificate.
A professional engineer who has received three or more reprimands shall be punished additionally with suspension of the professional practice. If the total period of suspension from professional practice accumulates to five years, the professional engineer license shall be abolished.
Article 41
A professional engineer who violates this Act shall be subject to disciplinary action according to the following:
1. Violation of the provisions of Article 16, Paragraph 1: shall be subject to warning or reprimand.
2. Violation of the provisions of Article 17, Article 20, or Article 23, Paragraph 1: shall be subject to a reprimand or suspension of the professional practice.
3. Violation of the provisions of Article 16, Paragraphs 2 and 3, Article 18, or Article 19, Paragraph 1, one of Subparagraphs 2 through 6: shall be subject to a reprimand, suspension of the professional practice, or abolishment of the professional engineer license.
4. Violation of the provisions of Article 21: shall be subject to abolishment of the professional engineer license.
5. Violation of the provisions of Article 19, Paragraph 1, Subparagraph 1: shall be subject to suspension of the professional practice, abolishment of the professional engineer license, or the professional engineer certificate.
A professional engineer found in violation of the provisions stipulated in Article 39, Subparagraph 2 or 3, shall be subject to disciplinary action determined by the professional engineer discipline committee in accordance with the provisions of the preceding Article, taking into account the severity of the circumstances.
Article 42
When a professional engineer is involved in circumstances stipulated in Article 39, stakeholders, the competent authorities, the competent authorities of the relevant industries, or the professional engineer associations may list facts, provide evidence, and report to the professional engineer discipline committee for handling.
Article 43
After receiving the entrusted disciplinary case, the professional engineer discipline committee shall notify the professional engineer subject to discipline, specifying a deadline for submitting a defense or appearing in the committee to present opinions on the specified date. Failure to comply with the specified time for defense or presenting opinions may result in the committee making a resolution directly.
The meetings of the professional engineer discipline committee are not open to the public, and attendees shall be strictly confidential regarding the topics under discussion, the content of the meetings, and the resolutions made.
Article 44
If the following period has elapsed from the date of the illegal act ended to the date of transfer to the professional engineer discipline committee, the professional engineer discipline committee shall resolve to exempt deliberations:
1. Under the circumstances of Article 41, Paragraph 1, Subparagraph 1: two years.
2. Under the circumstances of Article 39, Subparagraph 3, or Article 41, Paragraph 1, one of Subparagraph 2 or 3: three years.
3. Under the circumstances of Article 39, Subparagraph 2, or Article 41, Paragraph 1, one of Subparagraph 4 or 5: five years.
If the consequences of the acts in the preceding Paragraph occur later, counting from the time the consequences occur.
Under the circumstances of Article 39, Subparagraph 2, counting from the date of the final verdict.
If the disciplinary resolution is revoked due to retrial, administrative litigation, or other remedial procedures and requires another resolution, the period stipulated in the Paragraph 1 shall be calculated from the date on which the original resolution is confirmed to be revoked.
The provision to exempt deliberations in the Paragraph 1 shall also apply to those subject to disciplinary action before the amendment of this Act, which came into effect on July 4, 2007.
A professional engineer who is exempted from deliberations in accordance with the provisions, if found to violate the provisions of this Act again within five years from the date of the exemption, shall be subject to severe disciplinary action by the professional engineer discipline committee in accordance with the provisions of Article 41.
Article 45
A punished professional engineer who disagrees with the resolution of the professional engineer discipline committee may, within twenty days from the day following the service of the resolution, apply to the professional engineer discipline retrial committee for a review.
Article 46
The professional engineer discipline retrial committee, in handling applications for a review, shall apply the provisions of Article 43 mutatis mutandis.
Article 47
After the confirmation of the disciplinary action against a professional engineer, the central competent authority shall execute and publicly disclose the action on the internet, and notify the applicant referring the action, the punished professional engineer, and their association.
Article 48
The central competent authority shall stipulate regulations related to the establishment, organization and reasons for recusal of members of the professional engineer discipline committee and the professional engineer discipline retrial committee, and related to the conduct, deliberations, resolutions, handling procedures and other matters to be complied with in disciplinary action and retrial.
The members of the professional engineer discipline committee and the professional engineer discipline retrial committee referred to in the preceding Paragraph shall be appointed or hired part-time by the central competent authority for the following personnel. The proportion of the members with expertise in law shall not be less than one-third:
1. Representatives from the professional engineer association or one that is jointly organized by several engineering branches having the same branch with the punished professional engineer.
2. Scholars, experts, or impartial representatives in the society.
3. Personnel from the competent authorities and relevant government agencies.
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