Engineering Profession Act, 2000 (Act No. 46 of 2000)Board NoticesRules: Continuing Professional Development and Renewal of Registration, 201713. Non-Compliance with these rules |
| 13.1 | At Audit Stage |
| (1) | If the Council is of the opinion that a registered person has failed to comply with the requirements of rule 10 of these rules, the Council may decide if any remedial steps are necessary at that stage and inform such registered person of the deficiency and the remedial steps to be taken in order to comply with the requirements of these to remedy the deficiency. |
| (2) | Unless a shorter period has been prescribed by the Council, any registered person who failed to comply with the requirements is automatically subject to a re-audit during the following year. |
| (3) | If an applicant is still not compliant with the requirements, then: |
| • | the matter must be referred to the Central Registration Committee of the Council to consider whether or not renewal of such person’s registration should be refused and ensure that due processes were followed prior to a decision being made on whether such a person’s registration should be renewed or not. |
| 13.2 | At Renewal Stage |
| (a) | If after consideration of an application for renewal of a person’s registration referred to in rule 13, the Council is convinced that the applicant has failed to comply with the requirements of these rules, the Council must— |
| • | record this fact in the applicable register; and |
| • | 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. |
| (b) | If, after consideration of the applicant’s response in terms of rule 13.2(a), 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; |
| (c) | 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; |
| (d) | The applicant must, within two weeks before the end of the period determined by the Council in terms of rule 13.2(c), submit documentary evidence of compliance; and |
| (e) | If the Council is convinced that the applicant is still not compliant with the requirements, then: |
| • | It 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 |
| • | It must ensure that due processes are followed prior to a decision being made on whether a person’s registration should be renewed or refused. |