Decree No. 172 / 2017 Coll.
Order, details of the content and conduct of the proficiency test of the official persons authorised to carry out the operations of the administrative authority in the infringement proceedings and the formalities for the certificate of professional competence test
Valid
Effective from 01.07.2017
172
DECLARATION
of 15 June 2017
on the details of the content and conduct of the proficiency test of the official persons authorised to carry out the operations of the administrative authority in the infringement proceedings and on the particulars of the certificate of professional competence
According to Section 111 (5) of Act No. 250 / 2016 Coll., on Liability for Infringements and Proceedings, the Ministry of Interior provides:
(1) The registration of an official for the examination of the professional competence of the official persons authorised to carry out acts of an administrative authority in infringement proceedings ("the test ') shall be carried out by the administrative authority in which the official person is included (" the competent authority'). The competent authority shall send the application to the Ministry of the Interior or to the State Contributory Organisation established by it, if it is responsible for ensuring the examination (hereinafter referred to as the "Examination Institution '); the delegation of the State Contributor Organisation shall be published by the Ministry of the Interior on its website.
(2) The application for the test contains:
(a) the name and, where applicable, the name, surname, academic title, date and place of birth and the place of permanent residence or residence of the official person, if the place of permanent residence is not in the Czech Republic;
(b) the designation and registered office of the competent authority; and
(c) the signature of the head of the competent authority or of the person authorised by it.
(3) The examination institution shall communicate in writing, within 30 days of the date of receipt of the application, the date, place and time of the examination to the competent authority, at least 15 days before the examination.
(4) The examination period shall be determined by the examination institution so as to enable the official to carry out the examination within 90 days of the date of receipt of the application.
(1) The test shall take the form of oral answers to the test questions. The list of test questions is divided into parts A, B and C. Each part contains 10 questions. The official draws after one question from each part.
(2) The scope of the legislation which is the subject of test questions is laid down in the Annex to this Decree. Test questions shall be published by the Examination Institution on its website.
(3) The test takes a maximum of 60 minutes, including preparation.
(1) The examination shall take place before a test committee consisting of three members selected by the testing institution from the list of test Commissioners.
(2) The list of test Commissioners is drawn up by the Ministry of the Interior.
(3) The members of the examination committee shall elect their chairman among themselves. If the chairman fails to be elected, the members of the examination committee shall draw lots for him. The Chairman shall direct the activities of the Examination Committee.
(4) The examination committee shall act by a majority of its members.
(1) If the official person answers each of the selected questions by demonstrating the knowledge of the organisation and activity of the public administration and of the law on liability for the offence, the test shall be carried out successfully and the official person shall be assessed by "passed '/" passed'; Otherwise, the test shall not be successfully carried out and the official shall be assessed by the phrase "failed '/" failed'. The examination committee shall inform the official of the evaluation immediately after the examination has been carried out; a report shall be drawn up on the conduct of the examination by the examination panel, a copy of which shall be sent to the competent authority within 5 days of the date of the examination.
(2) Furthermore, the test is not successfully carried out if:
(a) the official person shall withdraw from the examination;
(b) the official person shall use illegal aids during the examination; or
(c) the official person shall not appear for the test without an appropriate apology.
(3) An official who, for a serious reason, was unable to attend the test and whose failure to participate was duly justified, the examination institution will set a replacement date.
In the event that the test has not been successfully carried out, the examination institution shall communicate in writing the date, place and time of the repeated examination to the competent authority, at least 15 days before the examination.
(1) In the event of a successful examination, the Ministry of the Interior shall issue a certificate of completion of the examination to the official person within 15 days of the date of the examination.
(2) The test certificate shall contain:
(a) the name and, where appropriate, the name, surname, academic title, date and place of birth of the official;
(b) the designation "Certificate of performance of the examination of the professional competence of the official persons authorised to carry out acts of administrative authority in infringement proceedings under Act No. 250 / 2016 Coll., on Liability for Infringements and Proceedings on Infringements,"
(c) the certificate number,
(d) the date of issue of the certificate;
(e) print of the official stamp of the Ministry of Interior; and
(f) the signature of the Chairman of the Examination Committee.
(3) The certificate shall be issued in one copy.
Efficacy
This Regulation shall enter into force on 1 July 2017.
Minister:
Breeding v. r.
Annex to Decree No. 172 / 2017 Coll.
Scope of the regulation for the list of test questions
A. Verification of the organisation and activity of public administration
1) Constitutional Act No. 1 / 1993 Coll., Constitution of the Czech Republic, as amended.
2) Order of the Bureau of the Czech National Council No. 2 / 1993 Coll., on the declaration of the Charter of Fundamental Rights and Freedoms as part of the constitutional order of the Czech Republic, as amended by the Constitutional Act No. 162 / 1998 Coll.
3) Act of the Czech National Council No. 2 / 1969 Coll., on the establishment of ministries and other central bodies of the Czech Government, as amended.
4) Act No. 128 / 2000 Coll., on municipalities (municipal establishment), as amended.
5) Act No. 129 / 2000 Coll., on Counties (Regional Establishment), as amended.
6) Act No. 131 / 2000 Coll., on the Capital City of Prague, as amended.
7) Act No. 82 / 1998 Coll., on liability for damage caused in the exercise of public authority by decision or by incorrect official procedure and amending Act No. 358 / 1992 Coll., on notaries and their activities (notarial order), as amended.
B. Verification of knowledge in the area of liability
Act No. 250 / 2016 Coll., on Liability for Infringements and Proceedings
(a) Part One - General provisions.
(b) Part Two - Basis of liability for the offence.
(c) Part Four - Common, transitional and final provisions.
C. Verification of knowledge in infringement proceedings
1) Act No. 250 / 2016 Coll., on Liability for Infringements and Proceedings: Part Three - Proceedings on Infringements.
2) Act No. 500 / 2004 Coll., Administrative Regulations, as amended.
3) Act No. 150 / 2002 Coll., Administrative Rules, as amended.
(a) Part Three, Title Two, Part 1 - Procedure for action against an administrative decision.
(b) Part Three, Title Three, Part 1 - Appeals complaint.
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Regulation Information
| Citation | Decree No. 172 / 2017 Coll., on the details of the content and conduct of the proficiency test of the official persons authorised to carry out the operations of the administrative authority in the infringement proceedings and on the particulars of the certificate of performance of the proficiency test |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.06.2017 |
|---|---|
| Effective from | 01.07.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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