Notice On The Surveying Board

Original Language Title: Bekendtgørelse om Landinspektørnævnet

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Notice on the surveying Board

Pursuant to section 13, paragraph 1, of the law on surveying company, see. lovbekendtgørelse nr. 400 by 3. may 2012, fixed: § 1. Surveying Committee consists of a high court judge as Chairman and two other members, one of which must be a chartered surveyor, employed in the mapping agency, and secondly a practicing chartered surveyor, see. section 9 of the law on surveying company.

§ 2. Board 3 members shall be appointed by the Minister on the recommendation of the Ministry of Justice respectively, mapping agency and The Danish Association of Surveying.

(2). Similarly, the Minister of the environment shall appoint delegates for each of the Committee members.

(3). Committee members and their deputies are appointed for 8-year-old periods. Genudpegning can take place. Request to be exempted for a period determined by the Minister for the environment.

(4). A member whose term of Office has expired, can help at the end of the proceedings, which began earlier.

(5). Mapping Agency shall designate one or more Secretaries of the Board. If a Secretary cannot participate in any proceedings referred to in article 6. § 6 the Board appoints another to act as Secretary to the proceedings.

§ 3. None of the Committee members must take part in any proceedings, when after the code of Civil Procedure Act rules would be disqualified as a judge.

§ 4. A member has a duty to give the Board notice of circumstances, which could lead to his disqualification, in accordance with article 3. § 3, just like any of the Board's other members, who may be familiar with such circumstances, is obliged to raise the matter accordingly.

§ 5. Question about whether a member of the Committee must give way his seat, should as far as possible, be brought before the Board's treatment of the case begins.

(2). Decision taken by order of the Board. The Member in question are not excluded from participating in the State of the question.

§ 6. For the Secretaries, see sections 3-5 shall apply by analogy.

§ 7. Board handles complaints that a practicing chartered surveyor or a surveying Assistant with the appointment in the exercise of his activity has failed to fulfil the duties of his or her position entails, see. section 9 (a), paragraph 1, of the law on surveying company. The Committee also deals with similar complaints about surveying companies and individuals and companies which are established in other EU/EEA countries or in countries with which the EU has entered into an agreement with the provision of regulated professions, and as temporary and occasionally carry out cadastral work pursuant to section 4, paragraph 2, of the law on surveying company.

(2). The Committee may also examine complaints against surveyors, with the permission of the Minister of the environment pursuant to section 4, paragraph 7 or 9 of the law on surveying company carries out cadastral work, see. § 14.

(3). The Board may refuse to further examine complaints received by regarded as manifestly unfounded.

(4). Complaint shall be submitted not later than 1 year after the complainant became aware of the fact that the complaint relate. section 9 (a), paragraph 2, of the law on surveying company. Surveying the Tribunal can, however, treat a complaint be filed later, when circumstances justify it.

§ 8. Case may be raised by public authorities as well as by others who have a legal interest in the matter. The claim must be in writing and shall contain a statement of the facts to be assessed by the Tribunal. The Committee may also travel case on its own initiative.

(2). If the case will be the subject of criminal proceedings, should the Committee's treatment in General await the conclusion of this.

§ 9. Before the Board handles a case, in fact, should the respondent be informed on the matter as well as the opportunity to comment in writing. It must appear in the message that the person may appear before the Board with a person, possibly a lawyer, and that the complaint will be dealt with on this basis, if the respondent does not correspond to the proceedings.

(2). It is the responsibility of the Board to ensure that the parties before the case admissible, receives the copy of the counterparty's post, if these must be considered of importance for the decision.

(3). The respondent shall be convened for the Board with 8 days ' notice. The Tribunal must satisfy itself proof that the request is reached. The Committee may invite the complainant and others to appear and give evidence to the Committee, but so that it is clear from the invitation, that he or she is not obliged to meet. Other than the complainant, in accordance with the Board's request shall deliver an explanation, may be granted remuneration in accordance with the rules laid down pursuant to the code of civil procedure § 188, paragraph 1.

(4). The Board can let the hearing of parties and witnesses make by the District Court at the place where the party or witness lives, see. section 13, paragraph 2, of the law on surveying company.

(5). To the Committee's meetings will not be accessible to the public.

§ 10. Over Committee meetings conducted a protocol where the time and place of the meeting as well as the names of the attendees is indicated. Shooting a brief statement of the negotiations, including argued objections and oppositions. The Protocol implemented by the way after the President's detailed provision in each case.

§ 11. The Committee shall decide as soon as possible after the final treatment decision by a warrant, or where the hearing does not take place, by means of a decision. Both decisions shall contain a statement of the case and the reasons which have led to the outcome.

§ 12. The Committee must be present during the deliberations and decision of the case. If a member due to illness or any other cause, is unable to participate in the decision, joins his or her delegate.

(2). The Board's decisions shall be taken by majority vote. If the minority wants it, make a ruling acquitting the respondent, which do not contain information about minority position without specifying the member name.

(3). The Board's deliberations are secret.

§ 13. The Board may, in accordance with the rules laid down in article 10, paragraphs 1 and 3, of the law on surveying company, see. also section 14, assign a surveyor or a surveying company a reprimand or impose part, surveyor or the company a fine of up to £ 55,000.

(2). In the same article 10, paragraph 2, specified conditions can negate a surveyor qualification board.

(3). Paragraph 1 shall apply mutatis mutandis to persons and companies that carry out cadastral work pursuant to section 4, paragraph 2, of the law on surveying company, see. § 10 (3).

(4). The Tribunal can disqualify persons and companies who carry out cadastral work pursuant to section 4, paragraph 2, of the law on surveying company, the right to perform such work in Denmark, see. Article 10, paragraph 4.

(5). In the cases referred to in paragraphs 2 and 4 may it happen on time from 1-5 years or until further notice.

(6). The Board's decisions in accordance with paragraphs 1 to 5 may not be brought before another administrative authority. The decision can be challenged before the courts within 6 months after the decision has been communicated to the person concerned, in accordance with article 3. section 10, paragraph 5, of the law on surveying company.

§ 14. The Board may at any time by order revoke a request under section 10, paragraph 2 or 4 of the law on surveying activities carried out, without prejudice to disqualification. § 12.

§ 15. The Committee's rulings are introduced into a kendelsesbog.

(2). When an order is signed, sent transcripts of the soonest to the mapping agency and to the respondent and any other parties to the proceedings. The Tribunal must satisfy itself proof that the printout of the order has come forward to the parties to the proceedings.

§ 16. The costs associated with the Board's business, shall be borne by the mapping agency.

§ 17. The notice shall enter into force on the 15. may 2012.

(2). Executive Order No. 1011 of 18. October 2004 on the surveyor Board is repealed.

The Ministry of the environment, the 3. may 2012 Ida Auken/Søren Christensen