Engineering Profession Act, 2000 (Act No. 46 of 2000)NoticesRules: Continuing Professional Development and Renewal of Registration, 2014Part A8. Non-Compliance with these rules |
At Annual Audit Stage
| (1) | If during an annual audit referred to in rule 6, the council is of the opinion that a registered person has failed to comply with the requirements of these rules, the council may decide whether any remedial steps are necessary at that stage, if any, and inform such registered person of the deficiency, the remedial steps to take in order to comply with the requirements and the period within which to remedy the deficiency. |
| (2) | Unless a shorter period has been prescribed by the council in terms of sub-rule 8(1), any registered person who failed to comply with the requirements is automatically subject to re-audit during the following year. |
At Renewal Stage
| (3) | If after consideration of an application for renewal of a person's registration referred to in rule 7, the council is convinced that the applicant has failed to comply with the requirements of these rules, the council must— |
| (a) | record this fact in the applicable register; |
| (b) | inform the non-compliant applicant of this fact and afford such applicant an opportunity to submit a written explanation why the requirements have not been met and to indicate how the applicant plans to remedy the deficiency. |
| (4) | If, after consideration of the applicant's response in terms of the sub-rule 8(3)(b), the council accepts the explanation and remedial measures proposed by the applicant, the council may grant an extension of time to enable the applicant to comply with the requirements. |
| (5) | If the council does not accept the explanation or the remedial measures proposed by the applicant, the council must determine which other remedial measures must be taken to comply with the requirements and also determine the period of extension to be granted in order for the applicant to meet the requirements. |
| (6) | The applicant must, within two weeks before the end of the period determined by the Council in terms of sub-rule 8(5), submit documentary evidence of compliance. |
| (7) | If the council is convinced that the applicant is still not compliant with the requirements, the council must refer the matter to the Central Registration Committee of the Council to consider whether or not renewal of such person's registration should be refused, and the Central Registration Committee must, before deciding on this matter provide an opportunity to the applicant, in person, to give reasons why renewal of his or her registration should not be refused. |
Refusal to renew a person's registration
| (8) | If the Central Registration Committee, after hearing the reasons offered by the applicant, is still convinced that the registered person's application for renewal must be refused, the Committee must confirm its refusal to renew such registration and within 30 days from the date on which such refusal is made inform the registered person of the decision, and, at the same time instruct the registered person to return the certificate of registration, originally issued to such person, to the council within 30 days from the date of such instruction. |
Return of Registration Certificate
| (9) | The provisions of section 23 of the Act apply mutatis mutandis in respect of a person whose registration has been cancelled as a result of the non-renewal of his or her registration in terms of these rules. |
Refusal by Registered Person to comply with these rules
| (10) | Any registered person who willfully refuses to undertake CPD activities or to comply with these rules is guilty of improper conduct, and the provisions of sections 27(3), 28, 29, 30, 31, 32, 33, and 34 of the Act apply mutatis mutandis in respect of such person. |