技師懲戒委員會及技師懲戒覆審委員會組織及審議規則

These regulations are duly enacted in accordance with Paragraph 1 of Article 48 of the Professional Engineers Act (hereinafter referred to as the Act).

The professional engineer discipline committee (hereinafter referred to as the discipline committee) and professional engineer discipline retrial committee (hereinafter referred to as the retrial committee) shall be established respectively by the central competent authority.

1If the subject of the case precedes the process of criminal investigation or court trial, the disciplinary review process shall not suspend. However, a disciplinary punishment shall depend on whether the subject professional engineer's criminal case is guilty. If necessary, the discipline committee and the retrial committee may suspend the disciplinary review until the subject professional engineer is sentenced. The foregoing shall also apply if the criminal investigation or court trial proceeds after the disciplinary review.

2The decision made pursuant to the preceding paragraph shall be informed to the entity that raised the accusation, the subject professional engineer, and the subject's professional engineer association.

Even if the subject professional engineer has been decreed as "non indictment," "deferred indictment," "indictment exempted," or "acquittal," the subject professional engineer may also be disciplined. The foregoing shall also apply if the subject professional engineer who has been sentenced as "punishment exempted."

1The discipline 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:

21. 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;

32. Seven representatives of academic expertise or impartial representatives in the society;

43. Six representatives from competent authority or relevant administration entities:

5A. One representative from Ministry of Justice;

6B. One representative from the central competent authority in charge of

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1If any of the following situations occurs in the reported discipline case received by the discipline committee, the discipline committee shall refuse to accept that case. However, if the case could be cured, the discipline committee shall demand the cure of the case within a limited time:

21. The case is not in the scope of discipline committee's authority;

32. The case is not reported by the interested parties, competent authority, authorities in charge of the relevant industries or the professional engineer association according to Article 42 of this Act

43. The case reported to the discipline committee is without facts and exhibits of the professional engineer's violation.

1The discipline committee shall take charge of a disciplinary action through the following procedures upon receipt of the case:

21. Notice 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 within twenty days from the date next to receipt of the notice.　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.

32. Refer the case to the authorities in charge of the relevant industries and the professional engineer association of the subject professional engineer to offer opinions.

43. 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 subparagraph1, paragraph 1 of Article 5. The representative of professional engineer association in the same professional branch or several branches' united professional engineer association which that branch has joined.

The discipline committee meeting shall be chaired by the chairman. The chairman shall appoint a committee member to chair the meeting on his behalf in case of his absence.

The decision of the discipline committee shall be resolved by a majority vote of the attending committee members who represent a majority of the total committee members.

1Under any of the following circumstances, the member of the discipline committee shall withdraw himself/herself and is thus prohibited from review, discussion, and decision-making of all related cases:

21. Where the member or his/her spouse , ex-spouse, relatives by blood within four degrees, relatives by marriage within three degrees, or former relatives in preceding relationship is the subject professional engineer;

32. Where the entitlement or the obligation of the case or the subject professional engineer is shared by the committee member or the member's spouse or ex-spouse;

43. Where the member is or was the subject professional engineer's litigation agent or assistant;

54. Where the member is or was the private prosecutor, plaintiff, whistleblower, witness, defense attorney, or expert witness in any litigation cases that involves the subject professional engineer; and

65. Where the member is a colleague of the subject professional engineer, or was a colleague of the subject professional engineer within the past three years.

7Under any of the following circumstances, the member of the discipline committee can be ordered in accordance with the decision made by the committee to withdraw:

1During the trial process, the discipline committee should inform the subject professional engineer to attend and present his plea. If necessary, the defender can invite one to three agents to attend the hearing. If the subject professional engineer fails to attend on the designated date, the process shall be conducted nevertheless.

2The aforementioned personnel shall withdraw before the resolving process, and the reasons and opinions posed by the personnel shall be entered into the minutes.

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.

The minutes of resolution shall be worked out within one month after the decisions resolved in the discipline committee.

1The minutes of resolution of the discipline committee meeting shall bear the following particulars:

21. The name, birth date, ID Card number and domicile of the subject professional engineer; the file number of the, professional engineer certificate and the name of his professional engineer association.

32. The name, address of the business entity where the professional engineer practices and the file number of the professional engineer license.

43. Main text of the decision, facts and reasons.

54. The name of present committee member.

65. Date on which the decision was resolved.

76. The remedy procedure, deadline, and the competent authority of an appeal against the decision.

1The decision resolved by the discipline committee shall be served to the penalized professional engineer and the applicant who referred the case for disciplinary penalty within ten days from the day when the decision is resolved.

2The penalized professional engineer may, if in disagreement with the decision resolved by the discipline committee, petition for a retrial in accordance with Article 45 of the Act.

1The 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:

21. 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;

32. Seven representatives of academic expertise or impartial representatives in the society;

43. Six representatives from competent authority or relevant administration entities:

5A. One representative from Ministry of Justice;

6B. One representative from the central competent authority in charge of professional engineers;

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1Under any of the following circumstances, the retrial committee shall dismiss the appeal:

21. The appeal is filed beyond the statutory period;

32. 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;

43. The applicant is not the subject professional engineer nor the one who raises the accusation;

54. 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;

65. Another same appeal is filed after the disciplinary case is resolved; and

76. The appeal is not the decision made by the discipline committee or a non-appealable case.

1When applying for discipline petitions for retrial, the retrial committee shall deal with the case through the following procedures:

21. Obtain the docket file from the discipline committee and inform it to offer opinions.

32. Refer the case to the authorities in charge of the relevant industries and the subject professional engineer’s professional engineer association for opinions.

43. 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.

1In case of any of the following, the central competent authority shall take charge of the case and publish it on the internet and shall, meanwhile, inform the applicant who referred the case for disciplinary penalty and the punished professional engineer and the association he/she had joined:

21. The penalized professional engineer or the applicant who does not apply for retrial within the specified time limit.

32. After the decision of the retrial committee is served to the penalized professional engineer. Fail to bring an administrative litigation within the statutory period.

43. The final judgment of administrative litigation brought by the punished professional engineer has been granted.

The discipline committee or retrial committee shall refer the disciplinary case to the concerned prosecutors office whenever the case is suspected embroiled in commission of a crime.

The decisions resolved by the discipline committee and retrial committee shall be issued in the name of the central competent authority.

On registration, statistics and other routines of the professional engineer disciplinary cases as well as the minutes of the discipline committee and retrial committee, the central competent authority may appoint personnel to take care of the jobs on a concurrent basis.

The members of both the discipline committee and retrial committee shall serve the post on a gratuitous basis.

These regulations shall take effect from the date of promulgation.