Chapter 3 The Retrial Committee and Operation Procedures
The retrial committee shall have 19 members. The committee chairperson shall be government personnel in charge of related affairs and assigned by the central competent authority. Other committee members shall be selected as follows and at least 1/3 of that shall have legal professional background:
1. Five representatives from professional engineer association; at least two of them shall be from the professional branch of the subject professional engineer association or the several branches' united professional engineer association which the professional branch of the subject engineer belongs. If the professional branch of the subject engineer has neither solely nor jointly establish the professional engineer association, then at least two representatives shall be from the professional engineer association or several breaches' united professional engineer association which the subject engineer has joined according to Article 24 of this Act;
2. Seven representatives of academic expertise or impartial representatives in the society;
3. Six representatives from competent authority or relevant administration entities:
A. One representative from Ministry of Justice;
B. One representative from the central competent authority in charge of professional engineers;
C. Four representatives from the authorities in charge of the relevant industries and the professional engineer affairs.
A discipline committee member shall not concurrently serve as a retrial committee member.
Under any of the following circumstances, the retrial committee shall dismiss the appeal:
1. The appeal is filed beyond the statutory period;
2. The appeal is not in conformity with the statutory procedures, and the applicant informed by the retrial committee fails to correct errors within the specified time limit;
3. The applicant is not the subject professional engineer nor the one who raises the accusation;
4. The subject professional engineer becomes incapacitated and fails to ask his/her legal agent to appeal on behalf of him/her; the subject professional engineer or the agent informed by the retrial committee fails to correct errors within the specified time limit;
5. Another same appeal is filed after the disciplinary case is resolved; and
6. The appeal is not the decision made by the discipline committee or a non-appealable case.
When applying for discipline petitions for retrial, the retrial committee shall deal with the case through the following procedures:
1. Obtain the docket file from the discipline committee and inform it to offer opinions.
2. Refer the case to the authorities in charge of the relevant industries and the subject professional engineer’s professional engineer association for opinions.
3. The chairperson shall appoint three members as the preliminary trial members to conduct a substantial review and to produce the preliminary trial report. At least one of the preliminary trial members shall be regulated in subparagraph 1, paragraph 1 of Article 16 and the representative of professional engineer association in the same professional branch or several branches' united professional engineer association which that branch has joined.
The provisions of Paragraphs 2 to 6 of Article 5 and Articles 8 to 15 shall apply mutatis mutandis to the retrial committee.