Subject 6
Procedures and duration of the trial ethics
A hearing of the committee members unethical Council architects have authority and procedures as architects Act, BE 2543 and Federation of Architects and regulations on the license suspension and revocation of license ... Architectural Control Act 2544. A detailed judicial ethics and procedures in full. No such regulation is the sixth division of the total content of each section to indicate the process of judicial ethics to the end. Starting from
1. Chapter 1 : Ethics sub-committee.
Explain the origin and properties of the Ethics Committee are set. Committee members will be appointed to support the functions.
2. Chapter 2 : Allegation and deposition.
To describe charge Procedures and accusations of professional architectural offense.
3. Chapter 3 : Investigation and the opinion of the subcommittee.
Will describe the process of investigation, and accused the opinion of the subcommittee. This summary provides information on diagnostic guidelines to committee members.
4. Chapter 4 : The final decision.
Describes the approach to decision of Legal Ethics Committee, as well as the process of considering the case of punishment to the license suspension process. And revocation of licenses, which are related to the lawsuit to the court to consider the penalty as well.
5. Chapter 5 : Invocation.
Explains the rights of the accused in the case of an appeal after the ethics ruling. As well as the process of the architects of the Council during the appeal until the end.
6. Chapter 6 : The enforcement of the order.
Explains how to conduct professional architect or a suspended or revoked license, they must do what and so on.
In addition, the term of office of committee members set BE 2547-50 has been prepared rules of judicial ethics up an issue, the Council Regulation on the Procedure of Architects and the Architectural Act diagnostic code 2547, which announced on November 8, 2547, for the ethics sub-committee of the Board of Directors two sets. Sub-Committee on the screen. And the sub-committee investigation was used as a guideline for the investigation and detailed from start to finish. This Regulation shall consist of three categories namely, total.
1. Chapter 1 : Describes the alleged receipt.
2. Chapter 2 : Describes the procedures and methods of investigation.
3. Chapter 3 : Describes the final decision.
Regulations mentioned above and including the Regulation 2 of this document and the information architects and other interested parties should be studied to fully understand their own benefits. However, here are the steps in the overview for the ethics of the trial brief as follows.
1. Accused of unethical procedures.
When the accuser or the accused. These include people who have been damaged, or persons found guilty of ethics. Council architect well, as well as any other person found guilty or damage. Regulations require that person made a request in writing with signature and witness evidence. Inform the Secretariat of the architect in mind. Secretary Architects Council will consider the allegations. If the allegation is not completed. No signature or the accused in a manner Beernsnednht, and it will not proceed. (Map showing the steps Figure 1)
2. Screening process claims.
If the application documents are complete allegation under such regulations. Council architects to accelerate delivery to the Committee on Ethics. When committee members have been subjected to propose to the Sub-Committee on the screen. To determine the initial diagnosis that the allegations are correct clear and data fault or not. When examining the accusations that they would fall into misconduct And reliable evidence that the accused is guilty of professional ethics of the profession. Sub-Committee on the screen. Committee members will be offered to the sub-committee set up an inquiry. With a copy to the alleged accused to follow the steps to clarify the allegation. (Map showing the steps Fig. 2)
3. The process to appoint a subcommittee investigation.
The same time, committee members questioned the proposed sub-committee set up by the Chairman of committee members signed the statement. And then to inform the accused of the order with the following claims. Composition of the subcommittee investigation in accordance with the ethics committee will consist of 1 person and architects in the same field with degree greater than or senior who is alleged two persons. List of proposed sub-committee appointed to investigate it, You were aware of the alleged claim and list the sub-committee investigation. Can make an objection to appoint sub-investigation into the case that is not fair to the Ethics Commission within 15 days. Accused were aware of the allegations and investigation subcommittee list. Can make an objection to appoint sub-investigation into the case that is not fair to the Ethics Commission within 15 days. However, the Board of Directors. The sub-committee to consider changes to the accused or not. It may raise the objection that if free checking and there is no justification to change.
4. Process of investigation.
If the accused does not challenge the sub-list nomination. Investigation Committee will investigate the procedures and regulations further. During the investigation the accused to submit documents. As the sub-committee. Want to show the purity of the accused Committee will investigate each case to accelerate the investigation be completed in 60 days, but if this is impossible to accomplish because there is evidence that the data Testimony or evidence can not be fully extended again for 60 days. But the extension can be extended no more than 2 times or 120 on the sub-committee on investigations until the facts have already Will present results of the diagnostic approach and go back to the committee members to consider the following decision. Furthermore in the process of this investigation process. The accused can not be requested to appoint a lawyer defending the case is different from a hearing in the General Court. (Map showing the steps Fig. 3).
5. Decision process.
Upon receipt of an examination. Committee members will review considerations along with documents of other the expression of the subcommittee investigation that accused is guilty or not to be informed decision final decision. If any information or evidence to show to the sub-committee investigation committee members are not completely clear to committee members assigned to investigate back to the review subcommittee and get more information. When the data are sufficient evidence that the witness will have to decide, committee members will have the decision out in writing in the end. For the decision if the alleged offense no ethics committee would cancel or dismiss the charges. But if the offense allegedly Unethical will be punished according to law is a total of 4 places together.
1. Admonition.
2. Parole.
3. Suspending a license, which does not exceed 5 years.
4. Cancel the license.
6. The appeal process.
Ethics Committee decision when deciding cases under the allegations is completed. A letter to inform the Secretariat of the architects of the final decision. When the Council received the information architect, or the decision, or will notify the command with the right to appeal to the accused by registered mail, as well as inform the parties of the Council of Architects Registration records as evidence. When the accused be informed of the decision of the committee members can then request an appeal to the Federation of Architects, if desired. But in applying for such appeal shall not exceed 30 days after receiving notification of the decision. When the Council received an appeal from the architect, who was alleged to submit the matter to inform the committee members to review or verify the diagnosis. Or recycled through the process of hearing again next time. In the current practice. Committee members. Federation of Architects and the Board will hold office for a meeting once a month. The sub-committee responsible moderation, or investigation will be carried by the meeting as appropriate in the number of cases and availability of all parties is key. (Map showing the steps Fig. 4)
There are also concerns that important issues are often found in proceedings Another is the case. Committee members have the right to invite the question in the case or not as a witness or not. Explained that the committee members have legal authority to invite members of the architect is alleged suspicion in the case. Or invited to testify as a witness, but if someone is not a member of the Council of the architect or the general public. Committee's. Must be present on such a special Council approval. Once approved, you can invite guests to give a statement of the investigation to be more of a consideration. However, these investigations. Committee members may request the attention of the relevant documents from the time. For more information or for any other evidence from the other guests as well.
That caution is particularly in the investigation. When the architects have been accused of keeping its own right and in preparing the documents to explain or defend the various sub-committees, or preparing to testify in the investigation of the allegations. If ignoring does not care for any reason then. Sub-Committee has the right to decide which document was received at, or the allegations of the alleged sole, this would not be good for the accused certainly. In addition, architects or professionals who have been accused of, ignore does not comply with the order of the Committee. Whether to give a statement of the investigation. Or send documents by the Sub-Committee's request. The penalty will be charged under Section 73 of Architects Act 2543 charged with failing to comply with the order of the ethics committee or subcommittee atmosphere equipment Section 59, by imprisonment not exceeding one month or fine not exceeding 1,000 baht, or both, as well.
Ethics trial ended when ?
Ethics case ends when the second sub-committee of the screen and the sub-committee to investigate the sub-committee until the investigation was clear evidence the witness information, and proposed decision to the committee members that there are two such alternatives. Then, when the Ethics Commission has considered the evidence clear and thorough diagnostic approach and may decide the allegations raised, or determine the level of punishment from the referee to warn probation, suspension and revocation of license. With diagnostic results to inform the accused acknowledged in writing by registered mail response. When no request to appeal the case to be considered final. But if the accused requested the right to appeal their committee members will review the matter back to return to the new investigation process, and the decision again. Then inform the commander of the alleged again The new process is completely terminated the case that the accused can not request an appeal anymore.
When the accused has acknowledged the decision or order of committee members. Must comply with the consideration or decision of the committee members by strictly and bidpoeigy particular case is not the suspension or revocation of professional licenses, which are based on the content in Chapter 6. Enforce the order. Accordance with the license suspension and revocation of professional architectural control Census 2544 data that read 31. "When a practitioner architecture control a suspended or revoked license professional architectural clocks to control which received statements from committee members or council architect command but then case. Professionals who provide architectural clocks to control a note signed statement that together with d and a licensed professional architects clocks to control their return to council the architect within fifteen days. Since the date of acknowledge commands such rice." Otherwise, the accused will have other penalties according to the following.
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