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THE GENERAL ASSEMBLY
OF THE CZECH CHAMBER OF ARCHITECTS

 

in accordance with the provisions of Sections 10, 11, 20 through 22 inclusive, Section 23 subs. 6, paras. g) and h), Section 25 subs. 4, para. b), Section 27 subs. 1, paras. a) and c), Section 28 and Section 30 subs. 1 of Act no. 360/1992 Coll. on the Professional Practice of Certified Architects and on the Professional Practice of Certified Engineers and Technicians Active in Construction, as amended by Acts nos. 164/1993 Coll., 275/1994 Coll. and 224/2003 Coll. (hereinafter referred to as the ”Act”) and implementing some provisions of Act

 

 

 

declares


this

 

 

DISCIPLINARY AND ARBITRATION CODE
OF THE CZECH CHAMBER OF ARCHITECTS

 

 

adopted on the 16th of April, 1994, and
amended on the 27th of April, 1996,

the 29th of April 1997,
the 28th of April 1998,
the 13th of April 1999,

the 11th of April 2000,

the 20th of April 2002,

and the 24th April 2004
[unabridged version]

 

PART ONE
JOINT PROVISIONS

 

 

Section 1

Purpose of the Disciplinary and Arbitration Code

 

This Disciplinary and Arbitration Code sets forth the procedures of the disciplinary and arbitration bodies of the Czech Chamber of Architects (hereinafter referred to as the ”Chamber”), the rights and obligations of the participants in disciplinary and arbitration proceedings and the acts directly related to these proceedings for the purposes of properly investigating the facts of the case and reaching a fair decision concerning disciplinary misconduct or settlement.

 

Section 2

Principles of the proceedings

 

(1) Disciplinary proceedings before the bodies of the Chamber are governed by the Czech Constitution, the Charter of Human Rights and Fundamental Freedoms, and applicable generally binding law and the internal Codes of the Chamber.

 

(2) The bodies of the Chamber active in disciplinary proceedings will abide in particular by the following principles:

a) No certified or registered person may be disciplinarily prosecuted unless on the basis of the Act and the internal Codes of the Chamber and in accordance with the above regulations,

b) Until a final and conclusive decision concerning the disciplinary misconduct of a certified or registered person is made, the certified or registered person shall be considered as not guilty of any misconduct,

c) The Supervisory Board is obligated to prosecute all instances of disciplinary misconduct brought to its attention, or to initiate actions and to report suspicions of commissions of disciplinary misconduct to the professional bodies of other EEA member states and of the Swiss Confederation or to the professional bodies of other states with which the Chamber has concluded a bilateral or multiple international agreement concerning professional practice,

d) All bodies of the Chamber engaged in disciplinary proceedings proceed with the aim of revealing the true facts of the case and of carefully clarifying their circumstances, and of bringing evidence both in favor of and to the detriment of the disciplinarily accused certified or registered person,

e) Disciplinary proceedings before the Professional Court may be held exclusively on the basis of a proposal submitted by the Chairperson of the Supervisory Board,

f) Disciplinary proceedings are open to the public,

g) Proceedings before the bodies of the Chamber engaged in disciplinary proceedings are oral; evidence in the form of the testimony of the disciplinarily accused, witnesses and experts is usually obtained by their examination,

h) Only evidence obtained during the proceedings may be considered when a decision is being made,

i) At each instance of the proceedings the certified or registered person against whom the disciplinary proceedings are being conducted must be informed of his/her rights to present a full defense, and of the right to select an attorney (defender),

j) All bodies engaged in disciplinary proceedings are obligated to enable a disciplinarily accused certified or registered person to exercise his/her rights; a certified or registered person against whom such disciplinary proceedings are conducted is entitled to express his/her opinion concerning the reasons given in the motion and the manner in which they were discovered, to propose evidence or its supplementation, and to question the witnesses and experts in the course of the oral hearing which must always be held.

 

 

PART TWO

DISCIPLINARY CODE

 

CHAPTER ONE

BODIES OF THE CHAMBER

ENGAGED IN DISCIPLINARY PROCEEDINGS

Section 3

The Supervisory Board

 

(1) The Supervisory Board, in accordance with the provisions of Sections 21, 22, 22a and Section 27 subs. 1, para. c) of the Act, has the following disciplinary powers:

a) To supervise the proper practice of certified and registered persons,

b) To perform an investigation of such acts of certified and registered persons as breach generally binding law or the internal Codes of the Chamber and for which the Chamber may impose disciplinary measures,

c) To submit a motion to institute disciplinary proceedings (hereinafter referred to as the ”Motion”) to the Professional Court of the Chamber with certified and resident registered persons,

d) To initiate action and to report suspicion of the commission of disciplinary misconduct of such persons to the professional body to whose jurisdiction a visiting registered person is subject,

e) To provide the professional bodies of other EU member states with which the Chamber has concluded a bilateral or multilateral international agreement concerning professional practice with information about disciplinary issues and issues concerning the monitoring of professional practice,

f) To represent Chamber interests in disciplinary proceedings before the Professional Court,

g) To lodge an appeal against a decision of the Professional Court.

 

(2) The Supervisory Board performs an analysis and evaluates the knowledge obtained during its activities and submits recommendations to the General Assembly and the Professional Court of the Chamber.

 

Section 4

The Professional Court

 

(1) The Professional Court conducts disciplinary proceedings of the first instance in accordance with the provisions of Section 21 subs. 1 of the Act.

 

(2) The Professional Court ordinarily sits as a full panel.

 

(3) The Professional Court may in individual cases decide to establish a Disciplinary Senate of at least three members, and to transfer its decision-making authority to the Senate.

 

(4) The chairperson of the Disciplinary Senate shall be elected by majority vote among members of the Professional Court and is appointed by the chairperson of the Professional Court.

 

(5) The Professional Court performs an analysis and evaluates the knowledge obtained during its activities and submits recommendations to the General Assembly and to the Supervisory Board of the Chamber.

 

(6) The seat of the Professional Court is in Prague. Individual Disciplinary Senates may operate at other locations.

 

Section 5

The Board of Directors

 

The Board of Directors is the highest executive body of the Chamber. The Board of Directors conducts, within the scope of its activities, disciplinary proceedings of the second instance in accordance with the provisions of Section 22 subs. 2 and 3 and Section 22a of the Act.

Section 6

Disqualification of members of the bodies of the Chamber engaged in disciplinary proceedings

 

(1) A member of the body of the Chamber whose impartiality is under reasonable doubt due to his/her relation to the case concerned, to the participants or their representatives shall be disqualified from the hearing and from decision-making regarding the case.

 

(2) A member of the body of the Chamber engaged in disciplinary proceedings is obligated to immediately inform the chairperson of the appropriate body on learning of such reasons.

 

(3) A majority of all members of the body of the Chamber present shall decide on disqualification on the basis of an assessment of the reasons for doubt pursuant to Subsection 1. If the chairperson is excluded, the deputy chairperson or, if the deputy chairperson is not present, a new chair elected by a majority vote among the members present, shall take charge of the case concerned for the whole period of the hearing of the body.

 

(4) If the proceedings take place before a Disciplinary Senate, the Chairperson of the Professional Court shall decide as to the disqualification of a Senate member; at the same time, he/she shall appoint a new member on the basis of elections. The Board of Directors shall decide as to the disqualification of the chairperson of the Professional Court. If not disqualified, the chairperson of a Disciplinary Senate is not affected by the appointment of a new member.

 

(5) Should the chairperson or any other member of the Disciplinary Senate be unable to participate in the disciplinary proceedings for serious reasons, the chairperson of the Professional Court shall free him/her from membership in the Disciplinary Senate and at the same time shall appoint a new member or chairperson in accordance with Subsection 3.

 

(6) If a member of the Disciplinary Senate is replaced during the proceedings, the evidence presented so far shall not be repeated unless any of the participants in the disciplinary proceedings insists on its repetition; the participants shall be informed of this fact before the opening of the first session after such a change in the membership of the Disciplinary Senate.

 

 

CHAPTER TWO

PARTICIPANTS IN DISCIPLINARY PROCEEDINGS

Section 7

 

(1) The participants in disciplinary proceedings are as follows: the certified or registered person against whom the disciplinary proceedings have been instituted (hereinafter referred to as the "disciplinarily accused") and the Supervisory Board, represented by the chairperson of the Board or a member of the Board authorized by the chairperson (hereinafter referred to as the "disciplinary plaintiff").

 

(2) A disciplinarily accused may be represented in the proceedings by a representative (”counsel”). For any one case, a disciplinarily accused may have only one counsel with the power of attorney.

 

Section 8

The disciplinarily accused in disciplinary proceedings

 

(1) A disciplinarily accused is a certified or registered person who is suspected of disciplinary misconduct, and against whom disciplinary proceedings have been instituted.

 

(2) A disciplinarily accused has the following rights in particular:

a) To express his/her opinion concerning the motion to institute the disciplinary proceedings,

b) To submit an objection to the composition of the body active in disciplinary proceedings (Section 6),

c) To inspect the file on the disciplinary proceedings and to make excerpts thereof,

d) To propose evidence,

e) To participate in the hearings on the case before the body of the Chamber active in the disciplinary proceedings, to question the witnesses and experts called, to make statements on the presented evidence and at the end to give his/her statement on the legal and factual aspects of the case concerned,

f) To appeal for remedy against the decision of the Professional Court or the Disciplinary Senate (Section 22 of the Act),

g) To initiate the cancellation of a legitimate disciplinary measure (Section 63),

h) To select his/her defender after submission of the motion.

 

Section 9

Counsel

(1) A counsel may be any physical person having the full capacity to enter into legal transactions. The counsel may act only in person.

 

(2) A disciplinarily accused shall delegate to a counsel his/her power of attorney, either in writing or orally entered into the record. The power of attorney may be either ordinary or procedural.

 

(3) A counsel is obligated to act in accordance with the interests and instructions of a disciplinarily accused.

 

(4) A counsel is entitled to make motions on behalf of the disciplinarily accused, to lodge appeals and bring applications for remedies on his/her behalf, to inspect the files and to participate in all acts related to the proceedings in which a disciplinarily accused may participate.

 

(5) A counsel is entitled at all stages of the disciplinary proceeding to request copies of the record related to each action of the disciplinary proceedings.

 

 

CHAPTER THREE

GENERAL PROVISIONS ON THE PERFORMANCE OF PROCEDURAL ACTS

RECORD

 

Section 10

Record taking

(1) A record shall be made, usually during or immediately after the performance of a procedural act, of each procedural act connected to the disciplinary proceedings. The record shall include:

a) The name of the body of the Chamber active in the disciplinary proceedings,

b) The location, time and subject of the procedural act,

c) The names and surnames of the persons of the body of the Chamber and their positions, the names and surnames of the parties present, and the names and surnames of the representatives participating in the procedural act,

d) A brief description of the course of the procedural act including references to the relevant provisions of the Act or the internal Codes of the Chamber and the substantive content of the decisions passed during the procedural act,

e) Motions submitted by the parties, the advice given or the statements of knowledgeable persons made,

f) Objections by the parties or questioned persons to the content of the record.

 

(2) Testimonies of persons previously questioned shall be included in the record only if they contain differences from or amendments to prior testimony.

 

Section 11

Record signing

 

The record of a hearing or of individual procedural acts shall be signed by the chairperson or another appointed member of the body of the Chamber before which the hearing was held or which conducted the procedural act concerned, the recording clerk, the person affected by the procedural act, and any expert or other person invited to the hearing or the procedural act.

 

Section 12

Record revision

(1) Any revision of, or amendment to, the record, as well as objections against such record, shall be decided by the appropriate body of the Chamber.

 

(2) The person who was in charge of the hearing or performance of the procedural act may order or make revision of spelling mistakes or other obvious faults even after the record has been signed, while maintaining the original legible record. The person who orders the revision shall sign it.

 

Section 13

Record of vote

 

(1) Apart from general requirements (Section 10 subs. 1) the record of the vote shall contain the following:

a) Procedures of individual votes, their results and decisions,

b) The full text of an opinion different from the majority opinion with a brief explanation.

 

(2) Records of all votes conducted during a single session will be summarized in a single record.

 

(3) The record of vote shall be signed by all members of the acting body of the Chamber.

 

(4) The record of vote shall be sealed and added to the record of the hearing. It may be opened by the chairperson of the body of the Chamber when preparing a draft decision or resolution, or by the chairperson of the appeal body when opening appeal proceedings. After consulting the record, he/she shall re-seal the record and confirm its opening by his/her signature.

 

Section 14

Submission

 

(1) Any submitted document shall always be considered according to its content, even if it is incorrectly labeled. A submission may be made in writing, orally entered into the record, made in electronic form on an electronic medium and signed electronically pursuant to special regulations, made by telegraph or made by telex. For the purposes of this Code and in accordance with the provisions of Section 24 subs. 8, of the Organization, Procedural and Election Codes of the Czech Chamber of Architects, facts related to the professional practice of the certified or registered persons learned by employees of the Chamber Office (hereinafter referred to as the ”Office”) through their activities are not considered as a submission unless further clear consequences arise from the content of the submission. Officials of the Chamber Office, even if they are certified persons, have no liability to notify under Section 32 of the Code of Conduct.

(2) The date of submission is the date when the submission is delivered to the Chamber. The Office will write this date on the submission and register it in the Incoming Mail Log. The Office will immediately assign such registered submissions to the Supervisory Board to be dealt with at its next meeting. The day following that of submission is the beginning of the period allowed for investigation of the case and for the submission of a motion to institute disciplinary proceedings.

 

TIME-LIMITS

 

Section 15

Calculation of time limits

(1) Time limits are calculated on the basis of the relevant provisions of generally binding legal statutes2.

 

(2) A time limit is maintained even if a submission was on time but not with the relevant body of the Chamber.

 

Section 16

Restoration of time limit

 

(1) If a disciplinarily accused or his/her counsel miss the time limit for lodging an appeal for remedy due to extraordinary and/or serious reasons, the chairperson of the Professional Court shall approve the restoration of the time limit. The restoration of the time limit shall be requested with proper justification within fifteen days of the end of the obstacle, together with the appeal.

 

(2) If the appeal has already been rejected due to delay, the Board of Directors shall cancel its decision on the rejection of the appeal with approval of the restoration of the time limit.

 

(3) The provisions of Subsections 1 and 2 shall apply commensurately even if the period to lodge an appeal, which was rejected as delayed, had in fact not been exceeded.

 

Section 17

Delivery

 

(1) The provisions of generally valid legal statutes on delivery shall apply.

 

(2) The following documents shall be delivered to the addressee in person:

a) A summons to appear at the session of the bodies of the Chamber engaged in disciplinary proceedings,

b) A motion to institute disciplinary proceedings (Section 32),

c) A decision against which a remedy may be lodged,

d) A motion to institute arbitration proceedings (Section 71),

e) Other written documents if the relevant body of the Chamber requesting the delivery considers their delivery to the addressee personally to be required.

 

Section 18

Inspecting the file

 

A disciplinarily accused, his/her counsel and representatives and certified or registered persons whose rights may be aggrieved have the right to inspect the files with the exception of the record of voting, to take excerpts and notes therefrom and to make copies of documents and parts thereof at their own expense.

 

Section 19

Disciplinary penalty

 

If, irrespective of repeated summons and without a proper excuse, an individual does not appear at the session (Section 40 subs. 2) or if, irrespective of prior warning, an individual disturbs the proceedings or behaves offensively to the body of the Chamber, he/she may be repeatedly punished by the chairperson of the relevant body of the Chamber through a disciplinary penalty in an amount up to ten thousand Czech Crowns.

 

 

CHAPTER FOUR

SUBSTANTIATION

Section 20

General provisions

 

(1) The disciplinary proceedings must demonstrate:

a) Whether the act considered disciplinary misconduct actually occurred,

b) Whether the act was committed by the disciplinarily accused and if so for what reasons,

c) Circumstances which help to determine the character of the disciplinary misconduct and the seriousness of its consequences,

d) Circumstances leading to the instance of disciplinary misconduct or enabling its commission.

 

(2) Everything that could contribute to resolving the case, in particular the evidence of the disciplinarily accused and testimony of the witnesses, experts' opinions, objects and documents significant to the disciplinary proceedings, shall be considered as evidence, unless acquired by illegal methods.

 

(3) The common court shall be requested to perform all procedural acts that cannot be performed by the Professional Court itself.

 

THE EVIDENCE OF THE DISCIPLINARILY ACCUSED

 

Section 21

 

(1) The examination of a disciplinarily accused shall be conducted in such a way that, if possible, a full and clear picture of the facts significant for the disciplinary proceedings is acquired.

 

(2) If multiple persons are disciplinarily accused, they shall be questioned separately.

 

Section 22

(1) Before the first examination, the identity of a disciplinarily accused shall always be confirmed. A disciplinarily accused shall be informed of the merit of the disciplinary accusation and of his/her rights. The content of this information shall be included in the record.

 

(2) A disciplinarily accused must be given the opportunity to deliver his/her own statement as to the accusation in detail, particularly to fully explain the facts that are the subject of the accusation, to state circumstances which reduce or refute the accusation and to offer supporting evidence.

 

(3) A disciplinarily accused may be asked questions to supplement his/her evidence or to exclude unclear, incomplete or contradictory facts. Questions must be stated in a clear and understanding manner and must not involve any false or untrue circumstances. They must not contain any indications as to how they should be answered.

 

Section 23

 

Before answering, a disciplinarily accused has the right to examine his/her written notes. The examiner may ask a disciplinarily accused to submit these notes. This fact may be included in the record.

 

Section 24

(1) If the evidence of a disciplinarily accused does not agree with a witness's testimony or with evidence of a co-disciplinarily accused in serious aspects and the contradiction cannot otherwise be resolved, the disciplinarily accused may be forced to confront those persons face to face.

 

(2) Persons standing face to face may ask each other questions only with the approval of the examiner.

 

Section 25

 

The evidence of a disciplinarily accused shall be recorded word by word, if possible. After the end of the hearing or the procedural act, the record must be presented to the disciplinarily accused for him/her to read. A disciplinarily accused is entitled to request a supplement to the record or to correct it to comply with his/her evidence. A disciplinarily accused must be informed of this right.

 

Section 26

Witness testimony

 

(1) The provisions on the evidence of a disciplinarily accused shall apply commensurately to the testimony of witnesses.

 

(2) A witness must be informed of his/her rights and obligations. He/she must also be informed about the consequences of false testimony.

 

(3) At the beginning of an examination a witness must be questioned about his/her relation to the case concerned and to the parties concerned, and about other significant circumstances relevant to the verification of his/her credibility, if necessary.

 

(4) A witness may not be compelled to testify if his/her testimony breaks an obligation of confidentiality imposed upon him/her by legal statute, unless released from such obligation in a prescribed manner, if his/her testimony could cause detriment to himself/herself or to another person whose detriment he/she could rightfully feel as his/her own, or if he/she is a direct relative of the disciplinarily accused, including a relation through adoption, or as a brother or sister of the disciplinarily accused, or as a husband or wife or common-law husband/wife (partner).

 

(5) A witness is entitled to receive compensation for necessary expenses incurred in connection with the provision of his/her testimony (witness's allowance). Claims for compensation must be made during the proceedings or the procedural act. A witness must be informed of this fact. The amount of the allowance shall be determined by whoever called the witness.

 

Section 27

Expert's opinion

 

(1) If expert knowledge is required to clarify certain facts important to the disciplinary proceedings, the body of the Chamber active in the disciplinary proceedings shall decide on the invitation of an expert. In particularly complicated cases two experts may be invited. The provisions on the evidence of the disciplinarily accused shall apply commensurately to the experts' testimony.

 

(2) For the purposes of this Code, persons certified under the Act or resident registered persons are considered experts. The body of the Chamber engaged in the disciplinary proceedings shall decide about their invitation. A complaint against the decision to invite an expert is possible.

 

(3) An expert is usually requested to prepare an expert opinion in writing. The facts to be commented upon shall be determined for him/her. He/she is not requested to evaluate evidence or to resolve legal matters. An expert may inspect or borrow the file if necessary to him/her for the purposes of forming his/her opinion. During the hearing, the expert may ask the disciplinarily accused and the witnesses questions related to the subject of the expert opinion. An expert may also propose that further evidence is necessary for the clarification of the case. If the opinion is not prepared in writing, it shall be dictated to the record during his/her examination.

 

(4) If more experts have been invited who have come to a consensus after mutual discussion, the expert delegated by them shall submit the expert opinion. If their conclusions differ, each of them shall be heard separately.

 

(5) If the correctness of the expert opinion is in doubt or if the opinion is not clear or complete, the expert shall be asked to provide an explanation. If no results are obtained, a new expert shall be invited.

 

(6) An expert is entitled to receive compensation for necessary expenses incurred in connection with the provision of his/her opinion (expert's allowance). Claims for compensation must be made during the hearing or the procedural act. The expert must be informed of this fact. The amount of the allowance shall be determined by whoever called the expert.

 

Section 28

Material and written evidence

 

(1) Objects that support or contradict the facts being considered comprise material evidence.

(2) Documents, the content of which supports or contradicts the facts being considered and which relate to the disciplinary misconduct or to the disciplinarily accused comprise written evidence.

 

CHAPTER FIVE

DISCIPLINARY PROCEEDINGS

 

Part One

PROCEDURES BEFORE SUBMITTING A MOTION TO INSTITUTE DISCIPLINARY PROCEEDINGS

(DISCIPLINARY INVESTIGATION)

Section 29

Institution of disciplinary proceedings

 

(1) The disciplinary plaintiff is obligated to deal with each suspicion of disciplinary misconduct [Sections 20, 21, 22a and Section 27 subs. 1, para. c) of the Act] brought to his/her attention.

 

(2) The members of the Supervisory Board of the Chamber are obligated to report to the chairperson of the Supervisory Board any suspicion of disciplinary misconduct that becomes known to them during the discharge of their function.

 

(3) As soon as the disciplinary plaintiff is informed of the suspicion of disciplinary misconduct by a certified or registered person, he/she is obligated to verify the reliability and justification of the suspicion without delay.

 

(4) If the disciplinary plaintiff learns of disciplinary misconduct through procedures under Paragraph 3, he/she shall initiate a disciplinary investigation and shall notify the person suspected of disciplinary misconduct that the investigation has been initiated.

 

Section 30

Procedures used during disciplinary investigation

 

(1) During the disciplinary investigation the Supervisory Board shall proceed in such a way as to reveal and clarify the facts needed for judgment of the case in the most effective and efficient way. The Supervisory Board shall bring any deficiencies revealed during the disciplinary investigation to the attention of the certified persons or bodies, juridical and physical persons, whom these deficiencies may concern.

 

(2) Evidence is acquired by the Supervisory Board irrespective of whether it is in favor of or against the disciplinarily accused certified or registered person.

 

Section 31

Resolutions on the delegation of the case,
on the suspension or termination of the disciplinary investigation

 

(1) If the Supervisory Board discovers that the investigated case does not fall within the scope of its competence, the case shall be delegated to the relevant body of the Chamber through a resolution.

 

(2) The Supervisory Board shall terminate the disciplinary investigation by resolution, if

a) The investigated act is proved not to have occurred or the events of the disciplinary misconduct took place more than three years previously,

b) The investigated act does not constitute disciplinary misconduct. In such a case, the Supervisory Board may, if the nature of the act so requires, bring to the attention of the erring certified or registered person the inadmissibility of his/her conduct and rebuke the certified person for it.

c) It has not been proven that the investigated act was committed by the disciplinarily accused,

d) Disciplinary responsibility has ceased.

e) A resolution on the motion to institute disciplinary proceedings is not adopted within six calendar months of the date of the Chamber’s receiving the documents initiating the disciplinary investigation.

 

(3) The Supervisory Board shall suspend the disciplinary investigation through a resolution, if

a) The case cannot be properly investigated due to the absence of the disciplinarily accused,

b) The disciplinary investigation is impossible due to serious illness on the part of the disciplinarily accused,

c) The disciplinarily accused has been deprived of their legal capacity and is not capable of understanding the meaning of the disciplinary investigation,

d) Facts supporting the institution of disciplinary proceedings against a particular certified or registered person have not been revealed.

 

 

Section 32

Submission of a motion
to institute disciplinary proceedings

 

(1) If the results of the disciplinary investigation support the institution of disciplinary proceedings, the chairperson of the Supervisory Board shall submit a motion to institute disciplinary proceedings to the Professional Court within six calendar months of the delivery of the initiating documents. The related files and their appendices shall be attached to the motion. The disciplinarily accused, as well as the person who reported the suspicion of an instance of disciplinary misconduct to the Supervisory Board, shall be notified of the motion.

 

(2) The motion shall include the following particulars:

a) The designation of the Supervisory Board, the person authorized to represent the Board and the date of the motion,

b) The name and the surname of the disciplinarily accused, the date and place of his/her birth, and the permanent address and certification number under which he/she is registered in the list of certified or registered persons kept by the Chamber),

c) The accusatory motion shall include a description of the act for which the disciplinarily accused is being prosecuted, stating where, when and how it was committed, and other facts, if necessary, to prevent said act from being confused with another. Further, the type of disciplinary misconduct represented by the act according to the Act and the internal Codes of the Chamber, shall be stated,

d) The reasoning for the motion including the essential proofs supporting the action.

 

 

Part Two

DISCIPLINARY PROCEEDINGS

BEFORE A PROFESSIONAL COURT

 

Section 33

Institution of proceedings

 

(1) Disciplinary proceedings are held exclusively on the basis of a motion submitted and represented during the proceedings by the disciplinary plaintiff.

 

(2) Disciplinary proceedings are instituted as soon as the motion is delivered to the chairperson of the Professional Court. The chairperson of the Professional Court shall notify the Board of Directors of the Chamber of the institution of the proceedings and to whom a copy of the motion shall be sent.

 

(3) The motion may be withdrawn even during the appeal or review proceedings, but not later than at the beginning of the final meeting of the appeal or the review body.

 

 

PREPARATION OF THE HEARING

 

Section 34

 

(1) Following consultation with and voting of the members of the Court, the chairperson of the Professional Court shall decide whether the case will be heard before the Professional Court or whether a special Disciplinary Senate will be established. A majority vote by the members of the Professional Court is necessary to establish a Disciplinary Senate.

 

(2) If the case is heard by a Disciplinary Senate, the chairperson of the Professional Court shall deliver the file to the appointed chairperson of the Senate.

 

(3) The chairperson of the Professional Court or the chairperson of the Disciplinary Senate (hereinafter referred to as the "chairperson" in this respect) shall first investigate whether the proceedings should not be terminated, suspended or supplemented, or whether the case should not be ceded to another relevant body.

 

(4) If Paragraph 3 is not to be applied, the chairperson shall deliver the motion to the disciplinarily accused personally. At the same time, a period not shorter than 15 days shall be determined during which the disciplinarily accused may give his/her statement on the motion. The names of the court members shall also be announced to the disciplinarily accused with a request to raise appropriate objections against biased members without delay.

 

Section 35

 

(1) The Court may terminate the proceedings at any time

a) If the motion was submitted late or in contradiction to this Code,

b) If the disciplinarily accused has been punished as a result of proceedings before another body and the Court considers this punishment adequate for the purposes of the disciplinary proceedings,

c) If the disciplinary plaintiff has withdrawn the motion,

d) If the certification of the disciplinarily accused has expired pursuant to Section 10 subs. 1 of the Act or if the certification has been withdrawn from the disciplinarily accused pursuant to Section 10- subs. 2, paras. a) and d) of the Act or suspended in accordance with Section 11 subs. 1, paras. a) and c) and subs. 2 of the Act,

e) If arbitration proceedings have taken place concerning the case and settlement representing a remedy or reparation of the disciplinary misconduct has been reached.

f) If the reason for the initiation of the disciplinary proceedings no longer exists.

(2) The Court shall terminate the proceedings if the disciplinarily accused has been punished as a result of proceedings before the common court and this punishment is considered sufficient for the purposes of the disciplinary proceedings.

 

 

Section 36

 

(1) The Court shall delegate the case to another relevant body if a justified assumption exists that the act stated in the motion is punishable pursuant to other regulations. The provisions of paras. 2 and 3 shall further apply in such cases.

 

(2) The Court may suspend the proceedings if proceedings before the common court concerning the same act have been instituted against the disciplinarily accused. If the disciplinarily accused has not been punished or if such punishment cannot be considered adequate for the purposes of the disciplinary proceedings, the disciplinary proceedings shall continue.

 

(3) The Court shall interrupt the proceedings if arbitration proceedings are under way or have been instituted.

 

Section 37

 

If the case has not been not properly investigated, the chairperson or another authorized Court member shall perform any additional investigation required.

 

Section 38

 

(1) Decisions pursuant to Sections 35 and 36 subs. 2 and 3 shall be made by the Court without the participation of the disciplinarily accused, his/her counsel and the disciplinary plaintiff.

 

(2) A decision pursuant to Section 36 subs. 1 shall be made by the Senate with the participation of the disciplinary plaintiff.

 

(3) A decision pursuant to Sections 35 and 36 shall be delivered personally to the disciplinarily accused, his/her counsel and the disciplinary plaintiff.

 

Section 39

 

As soon as the statement of the disciplinarily accused regarding the motion is delivered or as soon as the time limit provided (Section 34 para. 4) has expired in vain, the chairperson shall set the date of the session, particularly if no reasons for different procedures due to the statement of the disciplinarily accused arise. The disciplinarily accused, his/her counsel and the disciplinary plaintiff must have at least five days to prepare. If the five day time limit is not met, the proceedings may be instituted only with the approval of the disciplinarily accused, his/her counsel and the disciplinary plaintiff.

 

Section 39a

Shortened disciplinary proceedings

 

(1) If the certified person has unequivocally and demonstrably breached his/her obligation to pay membership fees, the Court or the Senate is entitled to institute shortened disciplinary proceedings.

(2) When multiple certified persons are accused in the same cause, the Court or the Senate may combine the shortened disciplinary proceedings.

 

 

HEARING

 

Section 40

(1) The hearing is held in the presence of the entire Professional Court or Disciplinary Senate and is presided over by the chairperson. The participation of the disciplinary plaintiff is obligatory. The disciplinarily accused should be present. The hearing may be held in his/her absence only if he/she repeatedly fails to appear without a proper excuse or if he/she requests that the hearing is held in his/her absence. The counsel of the disciplinarily accused has the right to participate. Furthermore, the recording clerk or the legal advisor of the Professional Court shall also participate.

 

(2) An illness, a stay abroad, significant family reasons and exceptionally, but not repeatedly, a business trip are considered as proper excuses. The disciplinarily accused is obligated to provide evidence to support his/her excuse.

 

(3) The hearing is open to the public unless the hearing concerns facts subject to confidentiality. In such cases the public shall be excluded by resolution of the Court.

 

(4) The hearing and the voting shall be recorded in compliance with the provisions of Sections 10 through 13 inclusive.

 

Section 41

(1) After the beginning of the hearing the disciplinary plaintiff shall present the motion to institute the proceedings. The disciplinarily accused shall then have an opportunity to give his/her statement on the motion. If the disciplinarily accused is not present or if he/she does not use the right to speak, his/her statement shall be read aloud if submitted in writing.

 

(2) The evidence of the disciplinarily accused is followed by substantiation of other facts presented in accordance with Sections 20 through 28 inclusive.

 

Section 42

(1) Certified or registered persons are obligated to testify as witnesses in the proceedings. Other persons may be questioned as witnesses only if they are willing to testify in the proceedings.

 

(2) A witness must not be questioned about facts that constitute a state secret unless he/she has been released from confidentiality by the appropriate authority.

 

(3) A witness is entitled to refuse to testify in accordance with the provisions of Section 26. He/she must be properly informed of this right.

 

Section 43

If, during the hearing, a need arises to supply new evidence, which cannot immediately be obtained, the hearing shall be adjourned by resolution of the Court.

 

Section 44

 

After the end of the substantiation and after stating the remaining part of the file the chairperson shall yield the floor for final pleas. The disciplinary plaintiff shall speak first and then the counsel of the disciplinarily accused. The disciplinarily accused is the last to speak. If there are multiple disciplinarily accused, the order of their speeches and their counsels‘ final speeches shall be determined by the chairperson.

 

Section 45

 

(1) After the final speeches, the Court shall meet in private to discuss the decision, the recording clerk being present, if invited. Alphabetical order is followed during the voting. The accusation of guilt is voted on first. The chairperson votes last. A majority decides. If guilt is recognized, a disciplinary measure is then voted on.

 

(2) A record of the vote shall be made in accordance with the provisions of Section 13.

 

 

DECISION

 

Section 45a

 

(1) The Court decides by verdict when prescribed explicitly by the law and this Code; other cases are decided by resolution.

(2) The verdict decides issues on merits.

 

Section 46

 

(1) The Court may only make a decision concerning the act introduced in the motion.

 

(2) By its decision the Court either finds the disciplinarily accused guilty and imposes a disciplinary measure upon him/her (hereinafter the "conviction") or acquits the disciplinarily accused (hereinafter the "acquittal").

 

Section 47

 

(1) The Court shall deliver a conviction verdict, if it has been proven beyond reasonable doubt that the act which is the subject of the motion was committed by the disciplinarily accused, and that this act constitutes disciplinary misconduct under Section 20- subs. 1 of the Act. When selecting and applying a disciplinary measure it is necessary to consider the nature of the act and its consequences, the circumstances under which it was committed, the person and situation of the disciplinarily accused and the degree of his/her guilt. When considering the case, previous final and conclusive decisions of the Court on cases comparable in scope and content to the present case are also taken into account.

 

(2) The Court shall deliver an acquittal verdict if the conditions for delivery of a conviction under Paragraph 1 are not met.

 

(3) If the disciplinarily accused repeatedly fails to appear without proper excuse (Section 40 subs. 2) at the hearing, the Court shall deliver the verdict in his/her absence.

 

Section 48

 

(1) After the end of the deliberation, the chairperson shall announce the decision, substantially justified and with advice as to the remedy.

 

(2) Both convictions and acquittals shall be issued in writing and must include the following particulars:

     

  1. The verdict,
  2.  

     

  3. The justification,
  4.  

     

  5. The advice as to the remedy.
  6.  

 

(3) The verdict shall be signed by the chairperson.

 

(4) A copy of the verdict shall be delivered no later than ten days after its pronouncement to the disciplinarily accused, his/her counsel and the disciplinary plaintiff. Another copy of the verdict shall be sent to the Board of Directors of the Chamber.

 

Section 49

 

If the Court does not deliver a conviction or terminates the proceedings for the reasons set forth in Section 35, but has come to the conclusion that the certified or registered person breached his/her obligations, the Court shall notify the certified or registered person of his/her lapse or shall rebuke the certified or registered person for it.

 

Section 50

Court resolution

 

(1) Except for cases decided as per Sections 47 and 48, all cases shall be decided by the Court as resolutions. The provision concerning the verdict content will be applied consistent with the resolution content (Section 48 para. 2).

 

(2) A resolution principally decides the procedural questions unless this Code expressly sets forth otherwise (Section 49). A remedy against the resolution is a complaint, which has a suspensory effect unless this Code establishes otherwise. The provisions concerning the appeal will apply commensurately to the decision as to the complaint (Section 56).

 

(3) A complaint is not permissible against the Court’s resolution on suspension of the hearing in the given case.

 

Section 51

Legal power and executability of a verdict

 

(1) The verdict is final, conclusive and executable

a) If an appeal against it is not permissible,

b) If an appeal is permissible, but
A) An appeal has not been submitted within the appropriate time limit,
B) The authorized persons have given up or withdrawn their appeal,
C) The submitted appeal has been rejected.

(2) If the appeal time limit has expired in vain, but an authorized person has requested restoration of the appeal time limit, the verdict shall not be executed until a final and conclusive decision has been made concerning this application.

 

 

Section 52

Legal power and executability of a resolution

 

(1) The resolution is final, conclusive and executable
a) If a complaint against it is not permissible,

b) If a complaint is permissible, but

A) An appeal has not been submitted within the appropriate time limit,

B) The authorized persons have given up or withdrawn their complaint,

C) The submitted complaint has been rejected.

 

(2) A resolution is executable even if it has not become effective, if a complaint is permissible but does not constitute a suspensory effect.

 

(3) If the complaint time limit has expired in vain, but the justified person has requested restoration of the time limit, the complaint shall not be executed until a legitimate decision has been made concerning this application.

 

 

 

CHAPTER SIX

REMEDIAL INSTRUMENTS

Section 53

 

(1) An appeal may be lodged against the Court's verdict. A conviction imposing a disciplinary measure in the form of a withdrawal or suspension of the certification of a certified person registered in the appropriate list of the Chamber or a resident registered person registered in the appropriate list of the Chamber may be reviewed upon a motion to the regional court in the administrative judiciary system having subject-matter and local jurisdiction; such motion shall be lodged within the time limit set forth by the special regulations specified in the Note to Section 22-subs. 3 of the Act.

 

(2) An appeal may be lodged by the disciplinarily accused or the disciplinary plaintiff. A motion to have the decision reviewed by the Supreme Court of the Czech Republic (hereinafter referred to as the "review motion") may only be lodged by the disciplinarily accused.

 

(3) An appeal cannot be lodged by a person who has renounced this right after delivery of the verdict.

 

(4) An appeal and a review motion have suspensory effect.

 

Section 54

 

(1) An appeal shall be lodged to the chairperson of the Professional Court within fifteen days of the delivery of the verdict. If the verdict is delivered both to the disciplinarily accused and to his/her counsel, the later of both deliveries constitutes the beginning of the appeal time limit.

 

(2) In compliance with the provisions of Section 16 subs. 1, the chairperson of the Professional Court may restore the appeal time limit or pardon its having expired.

 

Section 55

 

(1) The chairperson of the Professional Court shall deliver a copy of the appeal to the second participant and submit the appeal together with the disciplinary file to the Chamber's Board of Directors within ten days of the delivery of the appeal.

 

(2) The chairperson of the Professional Court shall submit the disciplinary file to the regional court having subject matter and local jurisdiction, if a review motion has been submitted. The Chairperson of the Chamber, or a person authorized by him, shall represent the Chamber before the regional court having subject-matter and local jurisdiction.

 

 

APPEAL PROCEEDINGS

 

Section 56

An appeal shall be decided by the Board of Directors of the Chamber (hereinafter referred to as the "Board of Directors").

 

Section 57

 

The course of the appeal proceedings before the Board of Directors shall be governed by the provisions on court proceedings of this Disciplinary and Arbitration Code, accordingly. The Board of Directors shall decide the appeal on the basis of a report prepared by a three-member senate appointed from among the members of the Board of Directors. This senate shall evaluate the course of the disciplinary proceedings to date, the evidence supporting the decision and the justification of the appeal and include its findings in a report for the Board of Directors. Evidence is not usually required, however. Exceptionally, the Board of Directors may supplement the proceedings with evidence necessary to make a decision on the appeal.

 

Section 58

 

(1) The Board of Directors may suspend appeal proceedings for the reasons stipulated in Section 36 subs. 2. The provisions of Section 36 subs. 3 shall then apply.

 

(2) The Board of Directors shall terminate the appeal proceedings if the appellant withdraws his/her appeal before the pronouncement of a decision.

 

Section 59

 

(1) The Board of Directors shall reject an appeal if it is found to have been submitted after the deadline

 

(2) The Board of Directors may cancel the decision of the Senate and terminate the proceedings for any of the reasons stipulated in Section 35.

 

(3) If there is no reason to proceed pursuant to Paragraphs 1 or 2 above or pursuant to Section 58 subs. 2, the Board of Directors shall review the legitimacy and justification of all statements of the decision under appeal and the correctness of the previous proceedings. Defects not stated in the appeal shall also be considered.

 

(4) On the basis of the results of a review pursuant to Subsection 3 above, the Board of Directors may

a) Cancel the conviction and acquit the disciplinarily accused, if the conditions for conviction pursuant to Section 47 have not been met,

b) Cancel the verdict on the disciplinary measure and return the case to the Senate for a new hearing and decision, if the disciplinary measure is not adequate pursuant to Section 47,

c) Cancel the decision under appeal and return the case to the Court for a new hearing and decision if the proceedings before the Court suffered defects that cannot be remedied in the appeal proceedings and that could have a substantial influence on the decision,

d) Confirm the verdict under appeal.

 

Section 60

 

(1) No remedy exists against the decision of the Board of Directors pursuant to Section 6 subs. 3 and Section 59. The decision becomes binding by its pronouncement.

 

(2) Section 17 subs. 2 shall apply to a decision of the Board of Directors pursuant to Sections 57, 58, and 59 subs. 2.

 

(3) Section 48 subs. 2 shall apply commensurately to a decision of the Board of Directors pursuant to Section 59 subs. 1 and 4.

 

Section 61

Proceedings before the Court
after cancellation of decision

 

(1) The Professional Court or the Disciplinary Senate to which the case has been returned for a new hearing and decision is bound by the legal opinion of the Board of Directors and is obligated to perform the supplementary proceedings ordered by the Board.

 

(2) A stricter disciplinary measure than that imposed in the original proceedings before the Court may be imposed on the disciplinarily accused only if the appeal was lodged by the disciplinary plaintiff against the disciplinarily accused.

 

Section 62

Cancellation of final and conclusive decision

 

(1) A final and conclusive conviction may be cancelled by the Board of Directors on the basis of its own or another person's initiation, if it was accepted in contradiction to the law or this Disciplinary Code, particularly if it was given against the interests of the disciplinarily accused. The Board of Directors may act thusly within three calendar months of the effective date of the decision.

 

(2) On the basis of its own or another person's initiation, the Board of Directors may overturn a final and conclusive conviction, if evidence or facts are revealed which were previously unknown to the disciplinary body and which could by themselves or in connection with other previously known facts support a substantially different decision more to the benefit of the disciplinarily accused. A decision cannot be cancelled for such reasons if more than one calendar year has elapsed from the effective date of the decision.

Section 62a

Reinstitution of disciplinary proceedings

(1) Disciplinary proceedings may be reinstituted on the basis of a motion of a participant in the disciplinary proceedings if evidence or facts are revealed which were previously unknown to the Court, which could not be used during the earlier proceedings and which might have led to a decision more to the advantage of the disciplinarily accused.

 

(2) A motion to reinstitute a disciplinary proceeding may be submitted within 6 calendar months of the day on which the proponent became aware of the reasons justifying the reinstitution of the disciplinary proceeding or the day on which he/she could apply these reasons.

 

(3) The motion shall be decided by the Board of Directors and, if the Board decides to reinstitute the disciplinary proceeding, the case shall be sent to the Court for new proceedings. The new proceeding shall be reasonably governed by the provisions of this Code including the provisions on remedies. In such new proceedings, the Court shall only make a decision more to the advantage of the previously disciplinarily accused.

 

 

CHAPTER SEVEN

COSTS OF DISCIPLINARY PROCEEDINGS

Section 63

 

(Deleted)

 

Section 64

 

(Deleted)

 

 

CHAPTER EIGHT

EXECUTION OF DISCIPLINARY MEASURES

Section 65

(1) Pursuant to the instruction of the Court chairperson, the Chamber’s Office shall provide the final and conclusive verdict through a clause of legal power and shall notify all persons and bodies concerned within 15 days.

 

(2) Pursuant to the request of persons who prove their legal interest in the case, the Chamber shall verify in writing that the certification or registration has been suspended or withdrawn.

 

 

Section 66

 

(1) The disciplinary measure shall be executed by the chairperson of the Professional Court or the Disciplinary Senate or the Director of the Chamber's Office.

 

(2) A reprimand is executed by the delivery of the conviction of the Court or the Board of Directors to the certified or registered person.

 

(3) If the certified or registered person does not voluntarily pay a determined penalty within the term stipulated in the conviction, the Director of the Chamber's Office shall request him/her in writing to pay it within seven days of the delivery of the request. If this time limit expires with no action haven been taken, the Director of the Chamber's Office shall bring an action to enforce the decision.

 

(4) A striking from the list of certified or registered persons, or a suspension of a certification or registration, shall be entered by the Chamber's Office in the list and on the Chamber’s web pages within seven days of the legal power of the verdict. Simultaneously, the certified or registered person shall be requested to return to the Chamber's Office the appropriate certificate and seal or registration, respectively.

 

(5) If the Chamber suspends or withdraws the certification [Section 20 subs. 1, paras. c) and d)] of a certified person or suspends or withdraws the registration of a resident person or suspends the registration of a visiting person, it will also ensure the temporary or permanent withdrawal of the certification and the seal as set forth in Section 8 of the Organization, Procedural and Election Code of the Czech Chamber of Architects, as amended.

 

(6) In cases of withdrawal of the certification of a certified person or of the registration of a resident or visiting person, the Office shall provide the safe deposition and cancellation of the certificate or the registration and the seal.

 

 

Section 67

The Office shall enter the conviction in the register of disciplinary measures and on the Chamber’s web pages within seven days after its coming into force.

 

 

CHAPTER NINE

ANNULMENT OF DISCIPLINARY MEASURES

Section 68

 

(1) The executed disciplinary measure shall be annulled by its erasure from the register of disciplinary measures if the certified or registered person is blameless for the period of

a) One year in the case of a reprimand,

b) Two years in the case of a penalty or certification or registration suspension of up to one year,

c) Five years in the case of a certification suspension for a period longer than one year or a certification withdrawal.

 

(2) The periods set forth in Subsection 1) commence

a) From the date when the conviction came into force in the case of a reprimand,

b) From the date of the payment of a penalty,

c) From the license renewal in the case of its suspension or withdrawal.

 

 

PART THREE

ARBITRATION CODE

 

Section 69

 

(1) The purpose of arbitration proceedings is to find a fair solution of a dispute between two or more certified or registered persons or between a certified or registered person and another person. Arbitration proceedings will use the provisions of generally binding statute, if not otherwise established by this Code or if not otherwise arising from the nature of the case to be decided.

 

(2) Participation in arbitration proceedings is principally voluntary. Arbitration proceedings may only be held if both or all parties explicitly express in writing their willingness to participate in the arbitration proceedings and to abide by the decision of the arbitration court, or if the arbitration proceedings are held on the basis of a clause included in a contract made by both parties of which at least one thereof is the certified or registered person and the contract concerns the professional practice. Having expressed their will, the participants are then bound by the resulting obligations.


(3) A suspected disciplinary misconduct committed by any of the participants in the arbitration proceedings in the case which is the subject of the arbitration proceedings, is not an obstacle to the proceedings as long as the agreement is expected to remedy or redress the misconduct.

 

(4) Unless stated otherwise, the provisions on disciplinary proceedings shall apply to arbitration proceedings, in particular

     

  1. The provisions on procedures,
  2.  

     

  3. The provisions on evidence.
  4.  

 

 

CHAPTER ONE

CHAMBER BODY ENGAGED
IN ARBITRATION PROCEEDINGS

Section 70

Professional Court

 

(1) Arbitration proceedings fall within the competence of the Professional Court of the Chamber.

 

(2) The Professional Court always sits as a full panel.

 

(3) The Professional Court may in individual cases decide to establish an Arbitration Senate of at least three members, and to transfer its decision-making authority to the Senate.

 

(4) The chairperson of the Arbitration Senate shall be elected by majority vote among members of the Professional Court and appointed by the chairperson of the Professional Court.

 

Section 71

Disqualification of members of the Professional Court engaged in arbitration proceedings

 

(1) A member of the Professional Court whose impartiality is under reasonable doubt due to his/her relation to the case concerned, to the participants or their representatives shall be disqualified from the hearing and decision-making regarding the case.

 

(2) A member of the Professional Court active is obligated to immediately inform the chairperson on learning of such reasons.

 

(3) A majority of all members of the body present shall decide on disqualification on the basis of an assessment of the reasons for doubt pursuant to Subsection 1. If the chairperson is excluded, the deputy chairperson or, if the deputy chairperson is not present, a new chair elected by a majority vote among the members present, shall take charge of the case concerned for the whole period of the hearing of the body.

 

(4) If the proceedings take place before an Arbitration Senate, the chairperson of the Professional Court shall decide as to the disqualification of the Senate member; at the same time, he/she shall appoint a new member on the basis of elections. The Board of Directors shall decide as to the disqualification of the chairperson of the Professional Court. If not disqualified, the chairperson of the Arbitration Senate is not affected by the appointment of a new member.

 

(4) Should the chairperson or any other member of the Arbitration Senate be unable to participate in the arbitration proceedings for serious reasons, the chairperson of the Professional Court shall release them from membership in the Arbitration Senate and at the same time shall appoint a new member or chairperson in accordance with Subsection 3.

 

(6) If the members of the Arbitration Senate change during the proceedings, the proceedings shall start again from the beginning.

 

Section 72

Participants in arbitration proceedings

 

(1) The participants in arbitration proceedings are the certified, registered or other person who has submitted the motion to institute the arbitration proceedings and the certified, registered or other person who is addressed by the motion to institute the arbitration proceedings and who joins the motion.

 

(2) The participant in arbitration proceedings is a certified, registered or other person, if both contracting parties decided in a contractual clause to entitle the Professional Court to act as the arbitration body.

 

(3) Persons who are participants in the arbitration proceedings may be represented in the proceedings by a chosen representative. For any one case a participant in the arbitration proceedings may have only one representative with the power of attorney, while reasonably using the provisions of Section 9.

 

 

 

CHAPTER TWO

ARBITRATION PROCEEDINGS

Section 73

Submission of a motion
to institute arbitration proceedings

 

(1) A motion to institute arbitration proceedings (hereinafter referred to as the "arbitration motion") relating to an act connected with the activities of certified or registered persons may be submitted by a certified person or another person.

 

(2) An arbitration motion may also be submitted jointly by both or, if appropriate, all participants of the dispute. In this case the provisions of Subsection 3 shall apply commensurately.

 

(3) An arbitration motion shall include

a) The identification of the person submitting the arbitration motion, specifically their name and the surname, date and place of birth, resident address, their own or their employer’s registered office address or other data necessary to prevent confusion with another person,

b) The identification of the person against whom the arbitration motion is targeted, particularly their name and the surname, date and place of birth, permanent address, their or their employer’s registered office address or other data necessary to prevent confusion with another person,

c) The identification of the act for which the arbitration proposal is being submitted, stating place, time and manner, how the act was committed, or other facts if necessary to prevent confusion with any other act,

d) The reasoning of the arbitration motion, including a description of the act with appropriate evidence supporting the description,

e) The proposal(s) of the participants to resolve the dispute.

 

(4) The arbitration motion may concern additional acts if they are interrelated, are the subject of a single dispute, and may be considered by a single arbitration proceeding.

 

Section 74

Institution of proceedings

 

(1) Arbitration proceedings shall be held exclusively on the basis of the motion of a certified and/or registered person or other person under the conditions stipulated in Section 73 subs. 1 and 2.

 

(2) Arbitration proceedings are instituted as soon as the arbitration motion is delivered to the chairperson of the Professional Court.

 

(3) An arbitration motion may be withdrawn at any time during the proceedings, but only by the mutual agreement of all of the participants in the proceedings.

 

 

Section 75

Preparation of proceedings

 

(1) The chairperson of the Professional Court shall decide after consultation with and voting among the members of the Court whether the case shall be heard before the Professional Court or whether a special Arbitration Senate shall be established for this purpose, unless a contractual clause expressly states otherwise. To establish an Arbitration Senate, a majority vote of the members of the Professional Court is required.

 

(2) If an Arbitration Senate hears the case, the chairperson of the Professional Court shall deliver the relevant file to the appointed chairperson of the Arbitration Senate.

 

(3) The chairperson of the Professional Court or the chairperson of the Arbitration Senate (hereinafter the "chairperson" in this respect) shall first investigate whether arbitration proceedings should not be discontinued, suspended or supplemented, or whether the case should not be delegated to another relevant body.

 

(4) If Subsection 3 need not be followed and if the proposal has been submitted in accordance with Section 73 subs. 1, the chairperson of the Court shall deliver the arbitration motion to the person against whom the motion is targeted personally. At the same time a period not shorter than fifteen days shall be determined during which he/she can issue his/her statement on the arbitration motion.

 

(5) The chairperson of the Court shall announce to both or all participants the names of the members of the Court or the Senate with a request to raise appropriate objections against biased members without delay.

 

Section 76

 

(1) The Court may terminate the arbitration proceedings at any time

a) If the arbitration motion is withdrawn in accordance with the provisions of Section 74 subs. 3 or if the general legal statutes permit it,

b) If the Court discovers that the case probably represents disciplinary misconduct which cannot be remedied or redressed by agreement due to its seriousness,

c) If any participant obstructs the arbitration proceedings by his/her absence without proper excuse (Section 40 subs. 2).

 

(2) In such cases as set forth in Subsections 1 paras. b) and c) the Court shall pass the case to the Chamber Supervisory Board or continue the discontinued disciplinary proceedings conducted in the given case (Section 36 subs. 4).

 

Section 77

 

If the case has not been properly investigated, the chairperson or another member of the Court authorized by the chairperson shall perform any additional investigation required.

 

 

HEARING

 

Section 78

 

(1) The hearing is held in the permanent presence of the entire Professional Court or Arbitration Senate and is presided over by the chairperson. The representative of the Supervisory Board and the recording clerk may also participate.

 

(2) The presence of all participants in the arbitration proceedings is mandatory.

 

(3) The hearing shall not be open to the public.

 

(4) The hearing and the voting shall be recorded in accordance with the provisions of Sections 10 through 13 inclusive.

 

Section 79

 

(1) After the opening of the hearing, the person or persons who submitted the motion shall present the arbitration motion. The participants shall then have the opportunity to make their statements on the motion.

 

(2) After their statements, other commensurate justifications follow pursuant to Sections 20 through 28 inclusive.

 

Section 80

 

(1) Certified and registered persons are obligated to testify as witnesses. Other persons may be questioned as witnesses only if they are willing to testify in the arbitration proceedings.

 

(2) The provisions of Section 26 shall reasonably apply to other necessities of the witness‘s testimony.

 

Section 81

If, during the hearing, a need for new evidence which cannot be immediately obtained arises, and if all of the participants in the arbitration proceedings agree, the hearing shall be postponed by a resolution of the Court.

 

Section 82

(1) After the completion of the substantiation the chairperson shall allow all participants in the arbitration proceedings an opportunity to speak.

 

(2) After the final speeches, the Court shall meet in private to discuss the decision, the recording clerk being present, if invited. Alphabetical order is followed during the voting. The chairperson votes last. A majority decides.

 

(3) The vote shall be recorded in accordance with the provisions of Section 13.

 

 

DECISION

Section 83

Settlement

 

(1) At the end of the meeting the chairperson shall announce the justified decision.

(2) The decision shall be issued in writing and shall include

a) The verdict,

b) The justification,

 

(3) The decision shall be signed by the chairperson.

 

(4) A copy of the decision shall be delivered within no more than ten days of its pronouncement to all of the participants in the arbitration proceedings. A copy of the decision shall also be sent to the Board of Directors of the Chamber.

Section 84

Delegation of case to Supervisory Board

(1) If the Court has not issued a settlement but has revealed that a certified or registered person has breached some obligation stipulated by the Act or the internal Codes of the Chamber, the case shall be delegated to the Supervisory Board of the Chamber to consider whether disciplinary proceedings should be instituted or whether the certified or registered person should be notified of his/her lapse or should be rebuked for it.

 

(2) If the Professional Court has instituted disciplinary proceedings in the case, suspended in accordance with Section 36 subs. 4, the Court shall continue in these proceedings and notify the Supervisory Board.

 

 

CHAPTER THREE

COSTS OF ARBITRATION PROCEEDINGS

Section 85

(1) The costs of successful arbitration proceedings shall be covered by the Chamber.

 

(2) If the arbitration proceedings are not successful, the Professional Court may order compensation of the necessary costs immediately related to the arbitration proceedings.

 

(3) The provisions of Subsection 2 shall also relate to cases where the purpose of the arbitration proceedings is obstructed because a participant does not appear without a proper excuse and the proceeding is discontinued pursuant to Section 76 subs. 1c).

 

(4) Section 66 subs. 3 shall apply to compensation of costs.

 

 

PART FOUR

FINAL PROVISIONS

 

Section 86

 

This Disciplinary and Arbitration Code has entered into effect by the approval of a General Meeting of the Czech Chamber of Architects held on the 16th of April 1994.

 

 

 

ARTICLE II/1996

This Code, as amended, was adopted and came into effect at the General Meeting of the Chamber of Architects held on the 27th of April 1996.

 

ARTICLE II/1997

This Code, as amended, was adopted and came into effect at the General Meeting of the Chamber of Architects held on the 29th of April 1997.

 

 

ARTICLE II/1998

This Code, as amended, was adopted and came into effect at the General Meeting of the Chamber of Architects held on the 28th of April 1998.

 

 

ARTICLE II/1999

This Code, as amended, was adopted and came into effect at the General Meeting of the Chamber of Architects held on the 13th of April 1999.

 

 

ARTICLE II/2000

This Code, as amended, was adopted and came into effect at the General Meeting of the Chamber of Architects held on the 11th of April 2000.

 

ARTICLE II/2002

This Code, as amended, was adopted and came into effect at the General Meeting of the Chamber of Architects held on the 20th of April 2002.

 

ARTICLE II/2004

This Code, as amended, was adopted and came into effect at the General Meeting of the Chamber of Architects held on the 24th of April 2004.