LAW 1768 of 2015 (October 23) Official Journal No. 49.674 of 23 October 2015 the Congress which established the disciplinary procedure which must be followed to process and decide disciplinary matters referred to the national Professional Council of architecture and its auxiliary professions.
COLOMBIA CONGRESS DECREES: TITLE I.
Article 1o. Prevalence of the guiding principles and normative RESIDUAL application. In the interpretation and application of the disciplinary regime established they will prevail, in its order, the guiding principles governing the Constitution and this law. Likewise, in matters not provided for in this law shall apply in codes only disciplinary, administrative proceedings and contentious administrative, criminal procedure and in the General code of the process.
Article 2 Principles. Disciplinary investigations of the national Professional Council of architecture and its auxiliary professions will be advanced in accordance with the rules of procedure and competence laid down in the Constitution and this law, with full guarantee of rights of representation, advocacy, and contradiction.
Be additionally observed the principles of legality of offences and penalties, of fairness, of the presumption of innocence, of no reformatio in pejus and bis in ibid.
OF DISCIPLINARY LACK.
Article 3 Definition of disciplinary lack. He is understood as disciplinary lack any breach of duties or prohibitions and any violation of the regime of disabilities and incompatibilities enshrined in the code of ethics for the exercise of the architecture and its auxiliary professions or in the rules that clarify it, complement, modify or repeal.
Article 4 Forms of realization of the fact or conduct. Disciplinary absences shall be by action or omission in the performance of duties or prohibitions and any violation of the regime of disabilities and incompatibilities established by the code of ethics for the exercise of the architecture and its auxiliary professions and others to be determined by the law.
When you have the legal duty prevent a result, not to avoid it, and can do so, equivalent to produce it.
Article 5 Elements of the disciplinary offense. The disciplinary lack setting must be framed within the following items or conditions: to) the conduct or the must has been committed by a professional architectural and/or its ancillary professions, duly enrolled;
(b) the conduct or the fact must be intentional or culpable;
(c) the Act or conduct must have been committed in the exercise of the profession;
(d) the conduct must be appreciable objectively and must procedurally be proven;
(e) the disciplinary sanction must be the logical consequence of due process, which is framed within the principles of article 29 of the Constitution, and specifically, of the disciplinary regime established in this law.
Article 6 CAUSAL exclusion from disciplinary liability. Is exempt from disciplinary responsibility who do conduct: to) by force major or unforeseen circumstances;
(b) in strict compliance with a constitutional or legal duty of greater importance than the carcases;
(c) in compliance with legitimate order of competent authority issued with the legal formalities;
d) to save a right to own or outside which should give in the line of duty by reason of the need, appropriateness, proportionality and reasonableness;
(e) by unsurpassed outside coercion or insurmountable fear;
(f) with the wrong and invincible belief that his conduct does not constitute disciplinary lack;
prosecution when the investigated subject has been foreordained its behavior.
Article 7 Classification of failures. Disciplinary offences are: to) serious;
Article 8 Applicable sanctions. The national Professional Council of architecture and its auxiliary professions may punish the professional responsible for the Commission of disciplinary misdemeanours, with: a) written reprimand;
(b) suspension in the exercise of the profession up to five (5) years; that is to say the professional registration of architecture or professional registration certificate;
(c) cancellation of professional architecture and/or registration professional certificate enrollment.
Article 9 Scale of sanctions. Architecture and its ancillary professions, professionals who check the violation of rules of the code of ethics for the exercise of the architecture and its auxiliary professions, shall be subject to the following sanctions by the national Professional Council of architecture and its auxiliary professions: to) the faults described as mild, provided professional investigated do not register a disciplinary history they will result in the application of the sanction of written reprimand;
(b) offences classified as mild, when investigated professional disciplinary history, will result in the application of the sanction of suspension of the professional registration of architecture or registration professional certificate up to six (6) months;
(c) qualified failures as serious, if researched Professional do not register a disciplinary history, will result in the application of the sanction of suspension of the professional registration of architecture and/or certificate of professional registration for a term of six (6) months and one (1) day to two (2) years;
(d) offences classified as serious, when investigated professional disciplinary history, will result in the application of the sanction of suspension of the professional registration of architecture and/or certificate of professional registration for a term of two (2) years and one (1) day five (5) years;
(e) offences classified as serious, always give rise to the application of the penalty of cancellation of the professional registration of architecture or professional registration certificate.
ARTICLE 10. CRITERIA FOR DETERMINING THE GRAVITY OR LIGHTNESS OF DISCIPLINARY LACK. Be determined if failure is severe or mild in accordance with the following criteria: a) the degree of culpability;
(b) the degree of disturbance to others or to society.
(c) the lack of consideration with its customers, bosses, subordinates and, generally, with all the people that could affect the professional disciplined by their behavior;
(d) the reiteration in the conduct;
(e) the hierarchy and command having researched professional within the society and the legal entity to which it belongs or represents;
(f) the nature of the failure and its effects, according to the social significance of the same, the bad example given, complicity with other professionals and damage caused;
(g) the arrangements or circumstances of the absence, taking into account the degree of preparation, the degree of participation in the Commission of the same and the use of the trust in the researched professional;
(h) the reasons determining, as it has been for reasons ignoble or futile, or noble and altruistic;
(i) have been induced by a superior to commit it;
(j) the confession of failure prior to the formulation of objections, making himself accountable for the damages;
(k) ensure, on its own initiative, compensate the damage or compensate for the damage caused, until the sanction is imposed.
ARTICLE 11. QUALIFIED AS VERY SERIOUS FAULTS. Are considered serious faults and constitute reason for cancellation of the architecture professional registration or registration professional certificate as follows: to) derive, directly or by interposed person, improper or fraudulent patrimonial advantage in practice of the profession, with serious consequences for the affected party;
(b) unjustified abandonment of the orders or professional commitments, when such conduct cause serious detriment to the economic assets of the client or is affected in the same way, the public patrimony;
(c) the fraudulent use of the resumes of colleagues to participate in contests, public procurement, as well as to sign the respective contracts.
ARTICLE 12. DISCIPLINARY FOULS CONTEST. Professional architecture or its ancillary professions, which violates several provisions of the code of ethics for the practice of architecture and its auxiliary professions or several times the same layout, with one or more actions or omissions shall be subject to which set the most serious sanction or, failing, one of greater significance.
ARTICLE 13. THE REHABILITATION. The professional that is cancelled you architecture of professional registration or registration professional certificate may be rehabilitated after after six (6) years from the execution of the administrative act which imposed the sanction.
Likewise, professional architecture and their professions auxiliary account with the option of rehabilitation in three (3) years following the imposition of the sanction, if forward and approves training courses authorized by the national Professional Council of architecture and their auxiliary professions in accredited institutions, which respond to the aims of rehabilitation and of the code of ethics established in the 435 law of 1998.
ARTICLE 14. APPLICATION OF REHABILITATION. The professional that is cancelled you the professional registration of architecture or the certificate of registration professional may request to the Council, the rehabilitation in the terms established in this law.
ARTICLE 15. THE REHABILITATION PROCEDURE.
(a) acceptance of the application and opening for tests. Fulfilled the requirement temporary to apply for rehabilitation request will be accepted, and in the same car the process opens to tests, in term of five (5) days speakers request or provide that deem conducive;
(b) the rejection of the application. The only rehabilitation application may reject for non-compliance of the temporal requirement, by reasoned order subject to the appeal;
(c) Decree of tests. The leading tests, requested at this stage or with the request of rehabilitation and that informally may be necessary, will be enacted within five (5) days following the expiration of the transfer mentioned in the literal to) previous;
(d) probation and failure. Tests will be performed within a period not exceeding thirty (30) days, expired which the room will have ten (10) days to decide, which is susceptible to the appeal;
(e) communication. Firm auto ordering rehabilitation, it will notify the authorities themselves who communicated the architecture professional registration cancellation and/or certificate of professional registration to pertinent legal effects.
TERMINATION OF THE DISCIPLINARY ACTION.
ARTICLE 16. CAUSES OF EXTINCTION OF THE DISCIPLINARY ACTION. Are causes of extinction of the disciplinary action as follows: to) the death of the person under investigation;
(b) the prescription of disciplinary action.
PARAGRAPH. Whenever that failure has only affected the economic assets of private individuals, may decree the extinction of disciplinary action, provided the complainant to desist from the action and revealed that the damage has been fully compensated him.
ARTICLE 17. TERMS OF PRESCRIPTION. Disciplinary action prescribed in five years, counted from the day of its completion and for character permanent or continuous since the last Executive Act of the same for instant failures.
When there are several behaviors judged in a single process, the prescription of actions met independently for each of them.
ARTICLE 18. WAIVE THE LIMITATION PERIOD. The person under investigation may waive the prescription of disciplinary action within the term of performance of the car who has ordered it. In this case the only action may continue for a maximum term of two (2) years from the personal presentation of the request, up which, without that I would have spoken and enforceable final decision, shall not be other than the Declaration of prescription determination.
TERMINATION OF THE DISCIPLINARY SANCTION.
ARTICLE 19. CAUSAL. They are causes of extinction of the disciplinary sanction: 1. the death of the sanctioned.
2. the prescription.
3. the rehabilitation.
ARTICLE 20. TERM OF LIMITATION. The disciplinary sanction prescribed in a term of five (5) years, from the record of the ruling.
ARTICLE 21. ADDRESS OF THE DISCIPLINARY FUNCTION. The national Professional Council of architecture and its auxiliary professions, the address of the disciplinary function. The first instance will be competence of one (1) of the five (5) members that make up the Council, who utters failure, before the exhaustion of the investigation stage. The second instance will come by the three (3) members of the Council still turn and other than the Member who failed in the first instance.
PARAGRAPH. To achieve comprehensive development and promotion of the disciplinary function, the Council can support in the legal Office of the entity or who make their times.
ARTICLE 22. CAST. For the purpose of integrating the first and second instance that is article 21 of this law, shall be by cast-shaped Rotary and subsequent taking into account the order established by the 9th article of the 435 law of 1998.
ARTICLE 23. INITIATION OF DISCIPLINARY PROCEEDINGS. The disciplinary process that is this title will begin officially, report or complaint filed by any natural or legal person, which shall be addressed to the national Professional Council of architecture and its auxiliary professions.
ARTICLE 24. PROCEDURAL SUBJECTS IN THE DISCIPLINARY ACTION. They may participate in the disciplinary action, as procedural subjects, the person under investigation and his advocate.
PARAGRAPH. The intervention of the complainant is only limited to introduce and expand the complaint under the gravity of oath, to provide the evidence in its possession and to appeal the decision to file and the acquittal ruling. For these purposes you can discover the record on the national Professional Council of architecture and its auxiliary professions.
ARTICLE 25. QUALITY OF INVESTIGATED. The quality of investigated is acquired after notification of the car by means of which the disciplinary investigation are available.
ARTICLE 26. RIGHTS OF THE PERSON UNDER INVESTIGATION. As a procedural subject, the person under investigation have the following rights: to) access to research;
b) appoint counsel;
(c) be heard in free, at any stage of the performance version, prior to the decision of first instance;
(d) request and provide evidence or controvertir them, and intervene in his practice;
(e) pay disclaimers;
(f) challenge and support decisions when pay;
(g) copies of the work;
(h) submit allegations of conclusion before the judgment of first instance.
ARTICLE 27. STUDENTS OF LEGAL CLINICS. Students of legal clinics may act as advocates for nursing in the disciplinary proceedings when the person under investigation do not designate one of your trust or if requested. According to the terms laid down in the law 583 2000 and other rules that regulate it or change as procedural, the Defender has the same powers of the person under investigation; When there are conflicting criteria will prevail on the first.
ARTICLE 28. ACCESS TO THE FILE. The investigation will have access to the complaint or report and other parts of the disciplinary record, from the stage of preliminary investigation.
ARTICLE 29. RESERVATION OF THE DISCIPLINARY ACTION. Disciplinary actions will be reserved until when the statement of objections be formulated or order the final file, without prejudice to the rights of procedural subjects.
The person under investigation and his counsel are obliged to keep reserve of proofs that have this condition by provision of the Constitution and the law.
ARTICLE 30. FORMAL REQUIREMENTS OF THE PERFORMANCE. Disciplinary action should collect in the middle or magnetic, recognized.
ARTICLE 31. USE OF TECHNICAL MEANS. For the taking of evidence and the development of the performance technical means, may be used provided their use does not violates rights and constitutional guarantees.
The evidence and proceedings can be collected and preserved in technical means and its content is recorded in writing only when strictly necessary.
Likewise, evacuation of hearings, proceedings in general and the practice of testing can be conducted in different locations of the headquarters of the national Professional Council of architecture and its auxiliary professions, through means such as audience, virtual communication or conference call, provided that another worker of the same Council materially check its development instead of their evacuation. This shall be expressly recorded in the minutes of the proceedings.
ARTICLE 32. COMPLETION OF THE DISCIPLINARY PROCESS. At any stage of the acting disciplinary in until fully demonstrated that the attributed fact not existed, that behavior is not provided for in the act as disciplinary lack, that the person under investigation did not commit it, that there is a ground for exclusion of liability, or that performance could not start or continue, shall be declared and ordered the final proceedings file.
NOTICES AND COMMUNICATIONS.
ARTICLE 33. FORMS OF NOTIFICATION. Notification of decisions in disciplinary, according to the case will be: staff, by means of electronic communication, by State, at podiums, by edict or conclusive conduct.
ARTICLE 34. PERSONAL NOTIFICATION. Cars opening of preliminary inquiry and disciplinary investigation, the statement of objections and the decision shall be notified personally.
ARTICLE 35. NOTIFICATION BY MEANS OF ELECTRONIC COMMUNICATION. Decisions to be notified personally can be sent to the fax number or the email address of the person under investigation or by his advocate, and of the complainant when it necessary, if previously and in writing, they have accepted to be notified in this way. The notification means stocked on the date that appears in the fax report or email is sent. The respective certificate shall be appended to the file.
ARTICLE 36. NOTICE OF INTERLOCUTORY DECISIONS. Made the decision, later the next day will be communication with destination to the person to be notified, if it is not presented to the Council within three working days, shall be notified by the State, except in the event of the statement of objections.
Communication will indicate the date of Providence and the decision taken.
ARTICLE 37. NOTIFICATION BY STATE. The status notification will be made as provided for in the code of Civil procedure.
ARTICLE 38. NOTIFICATION ON PODIUM. The decisions that are made at hearing or in the course of any diligence of verbal character are considered notified all procedural subjects immediately pronouncement, made bystanders or not.
ARTICLE 39. NOTIFICATION BY EDICT. The cars that decide the opening of preliminary inquiry and research and failures that may not be personally notified shall be notified by edict. For this purpose, produced once decision, it immediately will be mentioned to the disciplined, an effective means, to the institution where he works or at the last address registered in your resume or which appears in the disciplinary process, in order to notify you of that content and, if it is punitive, make you know the resources that can bring. Shall be secretarial recorded in the dossier on the sending of the citation.
If expired term of eight (8) days of the mailing date of the citation, does not appear the cited, in the Secretariat shall be fixed edict for the term of three (3) days to notify the Providence.
When processing has been assisted by proxy, with it is shall take personal, prior notification the previous procedure.
ARTICLE 40. NOTIFICATION BY CONCLUSIVE BEHAVIOR. When personal service have not been performed, or it may be irregular with respect to decisions or failure, the legal requirement is understood accomplished, for all purposes, if the investigation or his counsel unclaimed and act in subsequent proceedings or lodge appeals against them or refer to them or their content written or verbal allegations later.
ARTICLE 41. COMMUNICATIONS. The decision to file and the acquittal ruling must be communicated to the complainant. Communication shall be deemed fulfilled when it has passed five (5) days after the date of shipment by mail.
Not open to appeal decisions shall be communicated to the following day by the most effective means and this shall be recorded in the record.