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On The Eligibility Of Prac. Responsible For The Implementation Of Control Activities

Original Language Title: o způsobilosti prac. pověřených prováděním kontrolní činnosti

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275/1992 Sb.



DECREE



the Federal Ministry of control



of 11 December 1997. May 1992



of professional qualification of personnel in charge of implementing the control

the activity and the circumstances of its authentication



The Federal Department of inspection shall be determined according to § 3 (2). 3 of Act No.

405/1991 Coll., on the control of the Czech and Slovak Federal Republic

(hereinafter referred to as the "Act"):



§ 1



Introductory provisions



(1) this Ordinance regulates the basic contents and conditions of verification of the professional

competence of State administration of the Czech and Slovak

Federal Republic in charge of implementing control activities under section

3 (2). 1 of the law (hereinafter referred to as "personnel"). ^ 1)



(2) this Ordinance shall not apply to the implementation of internal controls.



(3) the provisions of this Ordinance shall not affect the requirements for professional

qualifications of the staff to carry out functions in the bodies of State administration

The Czech and Slovak Federal Republic established by specific provisions.



§ 2



The competence of the



(1) the professional qualifications of workers means the entirety of theoretical

knowledge and the ability of their practical application, that are necessary to

for the proper performance of the control surveys, store follow-up

on the audit findings, as well as to protect the rights of persons.



(2) theoretical knowledge means knowledge of general legislation

checks, including follow-up to the detection and control procedures

When checking (hereinafter referred to as "the General professional knowledge") and knowledge of the legal

modifications and procedures in the field of control activities (hereinafter referred to as

"specific expertise").



(3) the General professional knowledge are:



and knowledge of the basic rules) control activities (inspection

order) ^ 2)



(b) knowledge of the legislation, administrative) proceedings. ^ 3)



(4) special expertise are:



and knowledge of the rules) control activities in the relevant area,



(b) knowledge of the methodologies and techniques) checks in the relevant area,



c) knowledge of that subject in the appropriate

the field, and knowledge of the law.



(5) the ability of the practical application of theoretical knowledge means

the ability of this knowledge in the implementation of the checks in the field

control activities separately.



§ 3



The method of verifying the eligibility of



(1) verification of General professional knowledge and skills of their

the practical application of the competent central authority of State administration

The Czech and Slovak Federal Republic, the scope of the audit

Authority (hereinafter referred to as "the central competent authority"), or on the basis of its

the requirement of the Federal Department of inspection (hereinafter referred to as "the Ministry").

The successful outcome of this validation is a prerequisite for the validation of specific

expertise.



(2) verification of the specific expertise and the capacity of their

the practical application of the competent central authority.



(3) verification of professional competence, take the form of written and oral

tests the test Commission established by the competent central authority or

the Ministry.



(4) on the basis of the verification of knowledge referred to in paragraphs 1 and 2 of the exam certifies

the competent central authority of the competence of the worker. This authority

can the outcome of the tests in accordance with special regulations ^ 4)

decide that the worker is eligible after successful validation, General

professional knowledge and abilities of its practical application.



§ 4



Content of the test



(1) content tests validate the General professional knowledge and the ability to

their practical application provides for the Ministry, content

the tests verifying the specific expertise and the ability of their

the practical application of the competent central authority.



(2) in determining the content of the test shall ensure that the authorities referred to in

paragraph 1 for the balance of the requirements on theoretical knowledge and

on their practical use.



§ 5



The examination Board



(1) the examination Board shall set up, the head of the authorities referred to in section 4, paragraph 4. 1;

their members shall appoint from among experts of theory and practice, who offer

guarantee of professional and impartial assessment of the candidates during the test.



(2) the examination Board has three members; It consists of a Chairman and two other

members.



(3) in the course of the written exams are supervised by at least one member of the test

of the Commission. Oral exam takes place before the examining board.



§ 6



Trial order



(1) test procedure for verification of General professional knowledge shall set

the Ministry and for the verification of specific expertise of the competent

the central authorities for the workers in the field of their competence.



(2) the test procedure shall include in particular:



and the Commission's test tasks) before and during the test,



(b) the detailed rules for the implementation of) the written test (in the form of written work

a copy of the record referred to in section 9 of the law and other official

documents or written test) and oral exam,



(c) the establishment and publication of) the way the test questions to the oral test,



(d) the method of evaluation tests)



(e) the results of) the details of the test,



f) rules for documentation of the tests.



§ 7



Preparing for the test



(1) preparing for the test, provide the competent central authorities in their

the scope of the forms of organized study, seminars, consultations, or

individual study. The head of these organs may provide that

completion of certain forms of training is a condition for admission to the exam.



(2) on the basis of the requirements of the respective leaders of the central authorities

provides for the preparation of study organized to validate the General

the expertise of the Ministry.



Test



§ 8



(1) set out the terms of holding trials publish, the head of the authorities referred

in section 3, paragraph 3. 1 and 2 at 30. first half of September on the next

year and no later than 31 December 2006. March for the second semester of the current year.



(2) an application for the exam serves worker central competent authority

at least two months before the date of the meeting. Enter the details in the application

the degree and direction of or the scope of education and a length of, and during the

practice.



(3) the accuracy of the information in the application verifies the employer of the worker.



(4) If a worker from serious personal reasons can not test

attend, the Chairman of the examination Board of his reasoned excuse,

delivered to the competent central authority or the Ministry no later than

five days after the date of the test, and set a replacement term

of the test. Neomluvená non-participation has the same consequences as if the worker when the

the test has failed.



§ 9



(1) Test assesses the trial Commission classification stage "pass"

or "fail". The Commission shall act by a majority of votes.



(2) if the worker fails to comply with the test, the test may be repeated on the basis of

new applications for at least six months. With regard to the progress of the test

the Chairman of the examination Board to allow repeating the test at an earlier

the term, however, the first in three months.



§ 10



Certificate of professional competence



(1) a worker who successfully performed a test of General professional

knowledge of the Federal Ministry of control before the Commission, it shall issue

the Ministry document about this test. Certificate of professional competence

According to § 3 (2). 4 the competent central authority of the operator in writing.



(2) a certificate shall include in particular:



and) personal information worker



b) control activities, which may be a worker on the basis of the certificate

exercise,



(c) who issued the certificate) and the date of issue,



(d)) the stamp of the competent authority and the signature of the Chairman of the examination Committee.



(3) the certificate is a proof of compliance with the assumption set out in § 3 (1).

3 of the Act.



§ 11



New verification of professional competence



If it finds the head of the competent central authority of the serious shortcomings in the

control activities that arise from ignorance of the worker, whose professional

eligibility has been verified, you may require a new validation specialist

eligibility and provide to it the appropriate time-limit, which shall not be less

than one year. If the worker with the new verification of professional competence

do not match, the certificate of professional competence, without delay,

withdrawn.



Common and final provisions



§ 12



The cost of the verification of the technical competence of the State

administration of the Czech and Slovak Federative Republic, including the cost of

preparation for the test, shall be borne by the said authorities.



section 13 of the



(1) verification of professional competence shall be carried out in two stages:



and in the first stage to) 30. June 1993,



(b)) in the second phase until 31 December 2006. December 1993.



(2) in the first stage will be verified by the competence of the senior

control groups and workers who carry out inspection surveys

separately.



(3) in the second stage will be verified against the competence of other

workers.



(4) when adopting new employees after the end of each stage is

verification of professional competence carried out one year after its adoption.



(5) if the place of workers received by persons whose professional

eligibility has been verified in a different scope, the control activity

the head of the authority of their examination of specific expertise in the


one year after its adoption. In doing so, on the basis of a comparison of the content filling

tests of the control activities in their respective fields, adjust the scale of this

of the examination.



§ 14



This Decree shall take effect on the date of publication.



Minister:



Ing. Kabir CSc in r.



1) § 2 (2). 3 of law No 405/1991 Coll., on the control of the Czech and Slovak

A Federal Republic.



2) part two of law No 405/1991 Coll.



3) Act No. 71/1967 Coll., on administrative proceedings (administrative code).



4) Eg. Decree of the Federal Ministry of Finance No 63/1989 Coll., on

ověřovatelích (Auditors) and their activities.