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Chapter Law Content

Title: Architects Act CH
Category: Ministry of the Interior(內政部)
Chapter V Rewards and Punishments
Article 41
Upon the achievement of one of the following accomplishments, the government authority of the municipality or county (city) shall award a commendation to the architect; where accomplishment is magnanimous or outstandingly excellent, accomplishment shall be reported to the Ministry of the Interior for commendation:
1.A major contribution to the study and development of building laws, regional planning or urban planning efforts;
2.An outstanding performance or accomplishment in matters of public safety, social welfare or disaster prevention, or other building construction related matters.
3.An outstanding performance in architectural design or architect related academic studies; or
4.An excellent performance constructive to the implementation of building construction related matters.
Article 42
The architect's commendation may take the following form:
1.Citation,
2.Awarding of a certificate for meritorious services.
Article 43
Where an architect engages in professional practice without proper authorization, that is practicing without a business practice license or without any official architects association membership, or practicing after business practice license has been revoked, canceled or suspended, architect shall be subject to immediate closure or debarment and liable to a minimum fine of Ten Thousand NT Dollars to a maximum of Thirty Thousand NT Dollars. Where individual continues to commit the same offense after disciplinary action and penalty, a repeated disciplinary action and penalty shall be imposed each time such offense is committed.
Article 43-1
The architect violating the provisions of Article 9-1, meaning architect fails to apply for a replacement license at the prescribed period and continues with his/her architect's practice after the expiration of the business practice license, a fine amounting to a minimum of Six Thousand NT Dollars and a maximum of Fifteen Thousand NT Dollars shall be imposed. Architect shall be granted a grace period for the processing of his/her replacement license; where architect fails to process said replacement license before the prescribed deadline and continues to commit the same offense, a repeated disciplinary action and penalty shall be imposed each time such offense is committed.
Article 44
(Deleted)
Article 45
Disciplinary actions taken against architects may take the following form:
1.Warning.
2.Reprimand.
3.Suspension of business practice license for a minimum of two months or a maximum of two years.
4.Revocation or cancellation of business practice license.
Where three or more reprimands have been issued to an architect, a temporary suspension of practice license should be issued to the architect; where the total temporary suspension period of practice license has accumulated to a period of five years, the business practice license of said architect should be revoked.
Article 46
An architect violating the provisions of the Architects Act shall be subject to the following disciplinary actions:
1.An architect violating the provisions stated in Article 11 to Article 13, or Article 54 Paragraph 3 shall be issued a warning or reprimand.
2.An architect violating the provisions stated in Article 6, Article 24 or Article 27 shall be issued a reprimand or a business practice suspension or termination order.
3.An architect violating the provisions stated in Article 25 shall be issued a business practice suspension or termination order. Where architect ignores such order and continues with the business practice, the business practice license of said architect shall be revoked.
4.An architect violating the provisions stated in Article 17 or Article 18 shall be issued a warning, a reprimand, a business practice suspension or termination order, or a business practice license revocation order.
5.An architect violating the provisions stated in Article 4 or Article 26, business practice license shall be revoked or canceled.
Article 47
All disciplinary actions imposed by the municipality or county (city) government authority should be coursed through the Disciplinary Committee for Architects. The Disciplinary Committee for Architects shall thereafter notify the concerned architect about the disciplinary action matters imposed and require said architect to present his response to such charge(s) or personally argue his/her case with the committee within twenty days; where no response or personal rebuttal is received from the architect after the deadline has elapsed, the board may arbitrarily deliberate and decide on the case.
Article 48
An architect refusing to concede to the decision of the Disciplinary Committee for Architects may submit an appeal for re-evaluation to the Disciplinary Action Review Committee for Architects of the Ministry of the Interior within twenty days after receiving the committee decision notice.
Article 49
The organization of the Disciplinary Committee for Architects and the Disciplinary Action Review Committee for Architects is subject to the discretion of the Ministry of the Interior; upon its definition, organization should be reported to the Executive Yuan for record purposes.
Article 50
Where an architect commits any one of the violations provided in Article 46, the related parties, the municipality or county (city) government authority or architects association are obliged to report all related facts and present supporting evidence of the violation to the municipality or county (city) government authority for disciplinary action.
Article 51
Upon due determination of the disciplinary action to be imposed on the architect under penalty, the municipality or county (city) government authority is obliged to see to its proper execution, public bulletin or newspaper announcement.