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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 performance in following honoring ways:
1. Awards through citations, plaques or medals.
2. Commendation in public.
Article 39
A Professional Engineer shall be referred for disciplinary action in addition to punishment if:
1. Committing a behavior against Articles 16~18; Paragraph 1, Article 19; Article 21; Paragraph 1, Article 23 of this Act.
2. Being sentenced under the criminal judgment because of a crime committed relevant to the profession.
3. Breaching the Organizational articles, code of conduct of the professional engineer association, Paragraph 2, Article 24 in a gross offense.
Article 40
Disciplinary action upon a professional engineer shall be imposed by the professional engineer discipline committee through the following as actual situations may justify:
1. Warning.
2. Reprimand.
3. Suspension from professional practice ranging from two months minimum to two years maximum.
4. Abolishment of the professional engineer license
5. Abolishment of the professional engineer certificate
A professional engineer who has received more than three reprimands shall be, additionally, punished with suspension from professional practice and shall have the professional engineer license abolished if the total periods suspended from professional practice in accumulation are up to five years in full.
Article 41
A professional engineer who violates this Act shall be subject to disciplinary action according to the following:
1. In violation of Paragraph 1, Article 16: Warning or reprimand.
2. In violation of Article 17; Article 20 or Paragraph 1, Article 23: reprimand or suspension from the professional practice.
3. In violation of Paragraphs 2~3, Article 16; Article 18 or Subparagraphs 2~6, Paragraph 1, Article 19: reprimand, suspension from professional practice or abolishment of professional engineer license.
4. In violation of Article 21: abolishment of professional engineer license.
5. In violation of Subparagraphs 1, Paragraph 1, Article 19: suspension from professional practice, abolishment of professional engineer license, or abolishment of professional engineer certificate.
Where a professional engineer violates Subparagraph 2 or 3, Article 39, the discipline committee shall impose penalty pursuant to the preceding Article as actual requirements may justify.
Article 42
Where a professional engineer meets Article 39, the interested parties, competent authority, authorities in charge of the relevant industries or the professional engineer association may report the case with facts and exhibits to the discipline committee for due punishment.
Article 43
The discipline committee, upon receipt of the disciplinary action case, shall notify the subject professional engineer named in the case to submit a contention or plea, and to speak up in the committee in person as necessary on designated date. The discipline committee may come to the decision straight if the professional engineer fails to contend or speak up in person within the specified time limit.
The discipline committee shall hold meetings on a secret basis. All participants shall keep the contents discussed, contents of the meeting and the decisions so resolved in strict confidence.
Article 44
The discipline committee shall reject to decide if the duration since termination of violation to submission of disciplinary case to the discipline committee exceeds specified time limit according to the following:
1. In circumstances of Subparagraph 1, Paragraph 1, Article 41 hereof: 2 years.
2. In circumstances of Subparagraph 3, Article 39; Subparagraphs 2 to 3, Paragraph 1, Article 41 hereof: 3 years.
3. In circumstances of Subparagraph 2, Article 39; Subparagraphs 4~5, Paragraph 1, Article 41 hereof: 5 years.
Where the violation of the preceding paragraph occur a latter result, the duration starts from the occurrence of the result.
In circumstances of Subparagraph 2, Article 39, the duration starts from the final verdict.
When a disciplinary decision shall be revoked that comes up with a another decision due to a retrial, an administrative litigation, or the other remedy procedure, the duration of the Paragraph 1 starts from the day the decision are revoked.
The rejection provision of the Paragraph 1 shall apply to professional engineers who should have been referred for disciplinary action before this Article was amended on July 4, 2007.
Where a professional engineer who is rejected for disciplinary action in accordance with the provision violates this Act again within 5 years after the rejection, the discipline committee shall impose more severe disciplinary action according to Article 41.
Article 45
In a case where a professional engineer is punished, the subject professional engineer, if in disagreement with the decision resolved by the discipline committee, may petition to the discipline retrial committee for a review within twenty days from the day next to receipt of the notice.
Article 46
Provisions set forth in Articles 43 are applicable mutatis mutandis to the petition to the discipline retrial committee for a review.
Article 47
After the disciplinary penalty to the professional engineer is determined, the central competent authority shall take charge of the case and publish it on the website and shall, meanwhile, inform the applicant who referred the case for disciplinary penalty and the penalized professional engineer and the engineer’s professional engineer association.
Article 48
The rules regulating the establishment, organization, circumstances of avoidance of member of the Professional Engineer Discipline Committee and the Professional Engineer Discipline Retrial Committee; the execution, review, resolution and progress procedure of disciplinary action and retrial, and other regulations governing matters for compliance, shall be established respectively by the central competent authority.
The members of the Professional Engineer Discipline Committee and the Professional Engineer Discipline Retrial Committee shall be assigned or hired by the central competent authority as follows and at least 1/3 of that shall have legal professional background:
1. Representatives from the association of each engineering branch or jointly organized for several engineering branches.
2. Academic expertise or impartial representatives in the society.
3. Representatives from the competent authority and officials in charge of the relevant administration entities where the professional engineer serves.