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Amendments To The Cabinet Of Ministers As At 30 June 2008 Of The Regulation No 485 "sworn Notary Exam And Qualification Inspection Procedure"

Original Language Title: Grozījumi Ministru kabineta 2008.gada 30.jūnija noteikumos Nr.485 "Zvērinātu notāru eksāmena un kvalifikācijas pārbaudes kārtība"

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Cabinet of Ministers Regulations No. 3 in 2011 (January 4. No 1 20) amendments to the Cabinet of Ministers as at 30 June 2008 of the Regulation No 485 "sworn notary exam and qualification inspection procedure" Issued in accordance with article 20 of the notarial law in the third to make the Cabinet 30 June 2008 of the Regulation No 485 "sworn notary exam and qualification inspection procedure" (Latvian journal, 2008, 103 no) the following amendments: 1. Make chapters V and VI as follows: "v. exam and qualification checks progress 22. and emergency Exam qualification examination has three parts : 22.1. in the first part of the applicant's examination or sworn notary's social competence and social intelligence, in the form of an interview assessing the applicant's sworn notary or communication and organizational skills, personnel skills, conflict identification and resolution skills, systemic thinking skills, as well as asking others to social intelligence and social competence and related issues;
22.2. the second part of the applicant's examination or sworn notary's practical knowledge and skills, asking to prepare sworn notary documents necessary in the operation of the project;
22.3. the third part of the examination of a sworn notary public applicant or theoretical knowledge and skills, asking to prepare responses to the two questions of the theory and practice of one issue (kāzus).
23. regular skills test consists of two parts: the first part, 23.1. Verify sworn notary's practical knowledge and skills, asking to prepare sworn notary documents necessary in the operation of the projects. This part of the progress and outcome of the assessment is made in accordance with the exam and extraordinary proficiency testing of the second part (this rule 22.2) processes and procedures for the evaluation of the results;
23.2. the second part of the examination of a sworn notary's theoretical knowledge and skills, asking to prepare responses to the two questions of the theory and practice of one issue (kāzus). This part of the progress and results of the evaluation are carried out in accordance with the exam and extraordinary proficiency testing of the third part (this rule 22.3) processes and procedures for the evaluation of the results.
24. The applicant or sworn notaries have not passed the exam or proficiency test, if he in any exam or qualification is pārbaudesdaļ received an unsatisfactory rating.
25. If the applicant or a sworn notary exam late or proficiency testing, it is recorded in the minutes, and he has the right to participate in the exam or qualification examination authorized by the Commission. In this case, the task execution time is extended.
26. If the applicant or a sworn notary can not come to the exam or qualification testing for good reason, he's absence and the reasons of absence, notify the Council and the Commission to exam or qualification testing. The Commission shall decide whether the absence of reasons recognised as valid, and specifies the Protocol.
27. before the examination or qualification of the tenderer or initiation to the notary certified must be able to produce identity documents to the Commission.
28. the exam or qualification exam during the inspection or the verification of qualifications (hereinafter examination) may only be on applicants who organizes the exam, sworn notaries, which sorts the proficiency test, the members of the Commission and the Secretary of the Commission.
29. When completing the exam or exceptional proficiency testing, the second part of the applicant or a sworn notary has the right to use all the līdzpaņemto or Commission regulations issued without comment, and pierakstījum. When completing the exam or exceptional proficiency testing first and third part, or sworn notary applicant is not entitled to use the text of the law, legal literature or other AIDS.
30. If the applicant or a sworn notary qualification examination time used means of communication (such as telecommunication, electronic notebooks), are not allowed to use the technology (for example, the texts of the laws and legal literature), interfere with other tenderers or chartered or notaries do not work independently, the Chairman of the Commission expelled the tenderer or a sworn notary from the exam room. In this case, the Commission prohibited the applicant or a sworn notary exam or participate in proficiency testing in the future and the Protocol shall mark on the exam or qualification tests, not putting ratings 1.31. Exam or qualification testing shall be prohibited to leave the exam room. In exceptional cases the Commission may allow the exit exam rooms at the same time not more than one tenderer or a sworn notary. In this case the applicant or sworn notary your article work is transferred to the President of the Commission, and the Chairman of the Commission on its notes out of the fact and the time. Sworn notary public applicant or the out of fact and the time noted in the minutes. Applicant or a sworn notary exam or qualification testing task execution time is extended.
32. The exam or exceptional proficiency testing in the first part, candidates and chartered by a notary last name in alphabetical order by calling the exam room. Sworn notary public applicant or social competence and social intelligence professional personālatlas scored in the interview by asking questions in 11 (including case studies). If necessary, personālatlas professional has the right to ask additional questions to fine-tuning.
33. After the examination or exceptional proficiency testing by the end of the first subparagraph, the Chairman of the Commission declaring a break during which the personālatlas professional evaluate the exam or exceptional proficiency testing in the first part of the applicant or provided sworn notary. After the break, the President of the Commission, communicate the results of the first part.
34. before the examination or exceptional proficiency testing of the launch of the second part the applicant or sworn notary choose sealed envelope containing the sealed envelope and not two pages with individual encrypted code. The applicant or a sworn notary one sheet of paper with individual encrypted code, write your name, surname and personal code, place it in a sealed envelope, not sealed and submitted to the President of the Commission. The individual received the encrypted code applicant or sworn notary indicates in all exam or exceptional proficiency testing article, to identify your person.
35. The exam or exceptional proficiency testing in the second subparagraph, the Commission shall invite the applicant or certified notary to choose exam or exceptional proficiency testing ticket with the task. According to the ticket applicant specified task or sworn notary draw up the document.
36. The exam or exceptional proficiency testing in the second part of the project for the preparation of the document is intended for three hours.
37. The applicant or sworn notary who executed the exam or exceptional proficiency testing other parts of the work, shall submit it together with the task page for the President of the Commission and leave the exam room. After the exam, or exceptional proficiency testing by the end of the second paragraph, the Chairman of the Commission declaring a break, during which the Commission assessed written work. After the break, the President of the Commission to communicate the results of the second paragraph.
38. If the Commission does not determine the order of the other exams or exceptional proficiency testing in the third paragraph, applicants and chartered notaries invites exam room after last names in alphabetical order. Applicant or a sworn notary shall issue the tasks by this provision in paragraph 35, the order ticket number received.
39. When completing the exam or exceptional proficiency testing, the third part of the exam room may be located at not more than five candidates who keep the exam, or sworn notaries, which sort of extraordinary proficiency test.
40. Reflection and response for drawing up the plan are given 15 minutes for each question. The oral reply given 10 minutes for each question.
41. the question of practice (kāzus) in writing the solution the Commission listens to the applicant or sworn notary public response to the theory. After listening to the reply of the Commission members have the right to ask questions to clarify the answers quality. The applicant or a sworn notary, who finished the exam or exceptional proficiency testing a third, leaving the exam room.
Vi. Examination and proficiency testing results of 42. Personālatlas professional evaluates each applicant or sworn notary exam the answer or exceptional proficiency testing in the first part of the question with the number of points (annex 1). Each answer the points allocated personālatlas professional record or sworn notary public applicant skills assessment page for exam or exceptional proficiency testing for the first part (annex 2), and, if necessary, be accompanied by a brief evaluation of the justification.

43. After the evaluation of all responses of personālatlas specialist, if necessary, write a short comment on the applicant's or sworn notary public replies and interviews, as well as signature rating page.
44. the Secretary of the Commission counts the points awarded for the candidate's exam or sworn notary's extraordinary proficiency testing in the first part of the answer. If exam or exceptional proficiency testing in the first part, the applicant or sworn notary has received at least eight points, he receives a rating of "count", but, if the score is less than eight, the applicant or sworn notary receives the assessment "not counted". On the assessment in question received the mark of the Protocol.
45. If the applicant or a sworn notary exam or exceptional proficiency testing in the first subparagraph has received a rating of "not credited" exceptional qualifications, examination or test is outstanding.
46. when the President of the Commission announced that exam or exceptional proficiency testing in the first part of the evaluation is complete, applicants and chartered notaries calls the exam room and announces the results of the first part.
47. The Commission has assessed the applicant's sworn notary or knowledge and skills prescribed in these provisions a five ball system under examination and extraordinary proficiency testing the second and third parts of the assessment criteria (annex 3).
48. Each member of the Commission evaluate each applicant's exam or sworn notary's extraordinary proficiency testing, the second part of the work record ratings of applicants and a sworn notary knowledge and skills assessment page for exam or exceptional proficiency testing for the second part (annex 4), if necessary, be accompanied by a brief description and caption assessment rating page.
49. After all the exams or exceptional proficiency testing the work of the second part of the Evaluation Committee Secretary compiled the ratings recorded on pages of results. Each candidate's exam or sworn notary qualification examination of emergency part two the average rating obtained by summing the panelists go ratings and dividing by the number of members of the Commission, having taken part in the examination of the applicant's sworn notary or exceptional proficiency testing other parts of the work evaluation. The mean of the results obtained, if necessary, be rounded to an integer (decimal, which is number 5, round up). If the resulting arithmetic result did not reach three Ballroom, not round, and in this case the rating is appropriate, one or two Ballroom (unsatisfactory rating). Each candidate's exam or sworn notary's extraordinary proficiency testing in the second paragraph, the average rating obtained shall be recorded in the minutes.
50. when the President of the Commission announced that exam or exceptional proficiency testing work of the second part of the evaluation is complete, applicants and chartered notaries calls the exam room and announces the results of the second part.
51. Each member of the Commission evaluate each applicant or sworn notary public response for each exam or exceptional proficiency testing in the third part of the question, each answer the applicant's record or sworn notary knowledge and skills assessment page for exam or exceptional proficiency testing third (annex 5), if necessary, be accompanied by a brief description and caption assessment rating page.
52. each candidate's exam or sworn notary's extraordinary proficiency testing of part of the answer, the average rating is obtained by summing the panelists go total ratings of all three answers and dividing by the number of members of the Commission, having taken part in the examination of the applicant's sworn notary or exceptional proficiency testing third-part response evaluation. The mean of the results obtained, if necessary, be rounded to an integer (decimal, which is number 5, round up). If the resulting arithmetic result did not reach three Ballroom, not round, and in this case the rating is appropriate, one or two Ballroom (unsatisfactory rating). Each candidate's exam or sworn notary's extraordinary proficiency testing for the third part of the average rating recorded in the.
53. If sworn notaries are exempt from the regular proficiency testing theoretical knowledge and skills test (this rule 23.2.) for that part he receives the maximum rating – five Ballroom.
54. The exam or exceptional proficiency testing the third part is outstanding, if at least three members of the Commission or of the applicant for at least two sworn notary public exam or exceptional proficiency testing questions of part three have rated with one or two balls.
55. when the President of the Commission announced that exam or exceptional proficiency testing assessment part three is complete, applicants and chartered notaries calls the exam room and announces the results of the third part.
56. If the applicant or a sworn notary exam or exceptional proficiency testing in the first part is received the rating "counted", final exam or exceptional proficiency testing assessment is determined by the provisions in this paragraph 57 in that order.
57. If a sworn notary organizes regular background checks, the final proficiency testing assessment is determined by summing the two sworn notary qualification examination parts get average rating and dividing by two. If necessary, round to an integer (decimal, which is number 5, round up).
58. each candidate's exam or sworn notary qualification examination final ratings recorded in the.
59. After the examination or qualifications check, members of the Commission have the right to be recorded in their specific views on evaluation and on the exam or qualification testing. The minutes shall be signed by the Chairman of the Commission and all the members of the Commission who attended the exam or qualification testing.
60. first, the original of the Protocol within three working days after the exam or qualifying examination submitted to the Ministry of Justice. The Council kept the second original or certified by the President of the Commission a copy of the minutes.
61. After the signing of the Protocol, the Commission shall prepare a separate decision on the results of the examination and decision about the qualifications of the individual test results.
62. The decision on the results of the examination shall enter into force when it is signed by the President of the Commission and all the members of the Commission who attended the exam. The decision on the results of the examination of the original three days submit to the Ministry of Justice. The President of the Commission, the Council shall keep a certified copy of the decision. The final results of the exam Board within three days after the examination, the applicant shall send the written notice sent to his address.
63. the decision on the qualification examination for three working days, submit for the approval of the Minister of Justice. Decision on the findings of the examination of qualification shall enter into force on the notarial act procedures specified in article 23 and the time limit. Proficiency testing results within three days after the decision on the qualification examination for entry into force, the Minister of Justice shall notify the sworn notary, by sending notice to the sworn notary's practice location.
64. If the Council these rules 12, 19 and the notification referred to in paragraph 62 and the Minister of Justice that rule 13, 15, 18 and 63, paragraph statement sent electronically, it draws up corresponding regulations on electronic document preparation, presentation and movements. "
2. Make annex 1 as follows: "annex 1 Cabinet June 30, 2008. Regulations No 831 exam and extraordinary proficiency testing in the first part of the evaluation criteria 1. tenderers or sworn notary examination of extraordinary proficiency testing in the first part of the objective assessment of whether the applicant or a sworn notary has the skills and the extent to which applicant or sworn notaries are able to apply them to a sworn notary duties.
2. For answers to exams or exceptional proficiency testing questions in the first part of the grant: 2.1.  0 points-the applicant or sworn notary does not respond to the substance of the question or answer inferred that the applicant or a sworn notary not understanding of the questions asked in relation to a prized skill, it does not possess, or possess, but applies to a minimum level (up to 30%);
2.2.0.5 points – or sworn notary applicant's understanding of the questions asked in relation to a prized skill it has and the applicant or sworn notary is able to apply them partially (30-70%);
2.3. paragraph 1 – applicant or sworn notary has a very good understanding of the questions asked in relation to a prized skill it has and the applicant or sworn notary is able to apply fully or almost always (71-100%). "
3. Make annex 2 as follows: "annex 2 Cabinet June 30, 2008. Regulations No 485 sworn notary or sworn notary public applicant skills rating sheet

(exam or exceptional proficiency testing, first paragraph)
 
 
 
(test location)
(test date and time)

Personālatlas Professional (name) applicant or sworn notary (name) question 1 is the basis for the estimates of additional questions in the ___ ___ points. question 2 additional question grounds for additional assessment ____ __ points question 3 of additional grounds for additional assessment ____ __ points. question 4 of additional grounds for the assessment of the additional ___ ___ points question 5 of the additional assessment and justification of additional _____ points 6. the question of additional assessment and justification of additional _____ points. question 7 additional question additional question the basis for the estimates of ___ ___ points. question 8 additional question additional question the basis for the estimates of ___ ___ points. question 9 of the additional assessment and justification of additional _____ points. question 10 additional question will evaluate additional You rationale ___ ___ points. question 11 additional question grounds for additional assessment ____ __ points Personālatlas's comment Personālatlas's signature ".

4. Express 3. attachment the following: "3. the Cabinet of Ministers as at 30 June 2008, regulations No 485 practical and theoretical knowledge and skills evaluation criteria (examination and proficiency testing for the second and third part) no PO box
Evaluation system of Explanation of the five balls, criteria for assessment of spiritual activity learning level 1.
Five Ballroom complete understanding of sworn notaries ' professional activities require regulations. Get the skill independently apply knowledge, analysis, synthesis, evaluation, excellent 2.
Four sworn notaries have Acquired Ballroom professional activities required by law, obtain skills independently apply knowledge gained, but also identified minor deficiencies separately complex issues using standartsituācij knowledge of good 3.
The three sworn notaries have Acquired Ballroom professional activities required by law, obtain skills independently apply knowledge gained, but identified certain key questions not sufficiently deep understanding of learning and knowledge in understanding satisfactory 4.
Two Ballroom learned a superficial knowledge of commonly used sworn notary profession needed laws, but not the skills its practical use unsatisfactory 5.
One ball is not understanding of commonly used sworn notary profession needed laws Not satisfactory "5. Expressions of annex 4 by the following:" 4. Cabinet of Ministers of 30 June 2008, regulations No 485 sworn applicant or notary certified notary knowledge and skills assessment (exam, scheduled and extraordinary proficiency testing the practical knowledge and skills) (test location) (date and time of the test) test evaluator (name no PO box)
Applicant or notary certified cryptographic code assigned ticket number rating (1-5) notes the evaluator's signature signature of the evaluator Test. "

6. To express the annex 5 by the following: "5. the annex to the Cabinet June 30 2008. Regulations No 485 sworn notary or sworn applicant notary public assessment of knowledge and skills (exam, scheduled and extraordinary proficiency testing theoretical knowledge and skills) (test location) (date and time of the test) test evaluator (name) applicant or sworn notary (name, surname) ticket no ____ ____ Issue number rating (1-5) notes the evaluator's signature overall rating (1-5) test evaluator's signature".

Prime Minister v. dombrovsky Justice Minister a. Štokenberg in