Organic Law of the College of Aeronautical Professionals of Honduras

The College of Aeronautical Professionals of Honduras is hereby established, whose acronym is (COLPRAH), composed of professionals with a degree in Aeronautical Sciences and other related university professions; the College of Aeronautical Professionals of Honduras may have Chapters throughout the national territory, shall have its domicile in the capital of the Republic of Honduras and shall be governed by the Constitution of the Republic, the present Organic Law and by other Laws.

The College of Aeronautical Professionals of Honduras shall have the following purposes:

• 1)

  To regulate and protect in accordance with the present Law and its Regulations, the exercise of rights and professional conduct of members duly registered therein;

• 2)

  To participate and collaborate with the State in the planning, formulation and execution of development projects and programs, especially those related to aeronautical navigation, exploitation and control of airspace, as well as in the proper application of the Civil Aeronautics Law of Honduras, International Treaties on Aeronautical matters and other legal provisions related to national and international aeronautical navigation. CHAPTER II ORGANIZATION

The College of Aeronautical Professionals of Honduras shall be constituted by the following Bodies:

• 1)

  General Assembly;

• 2)

  Board of Directors;

• 3)

  Honor Tribunal;

• 4)

  Chapters; and,

• 5)

  Special Commissions. CHAPTER III INTEGRATION OF THE COLLEGE

The College of Aeronautical Professionals of Honduras is composed of professionals with a degree in Aeronautical Sciences and other related University Professions. CHAPTER IV OBLIGATIONS AND RIGHTS

The Obligations of Members are:

• 1)

  To comply with the provisions of the present Law and the College Regulations, as well as the mandates emanating from the General Assembly;

• 2)

  To perform efficiently and responsibly the Positions and/or Commissions in which he was elected or appointed, as appropriate;

• 3)

  To pay promptly the ordinary fees or extraordinary contributions that the General Assembly agrees to in accordance with the present Law and its Regulations;

• 4)

  To adjust their professional conduct to the ethical standards adopted by the College;

• 5)

  To attend the Ordinary and Extraordinary General Assemblies personally or through a member representative;

• 6)

  To collaborate widely and actively with the objectives of the College; and,

• 7)

  Such other obligations as shall be established in the respective Regulation.

The Rights of Members are:

• 1)

  To freely exercise the profession in accordance with this Law, its Regulations and other Laws of the country;

• 2)

  To enjoy the benefits corresponding to members of the College in accordance with the present Law;

• 3)

  To take part in the deliberations of the General Assembly and cast their vote when appropriate;

• 4)

  To elect and run for any position in the College;

• 5)

  To negotiate their professional fees provided that they are not less than the rates established in the Professional Fee Schedule, previously approved by the College; and,

• 6)

  To freely exercise the right of petition and file legal remedies before the competent Bodies of the College in defense of their rights. CHAPTER V GENERAL ASSEMBLY

The General Assembly is the Supreme Body of the College, shall be formed by the members duly summoned and legally assembled; it may meet in both ordinary and extraordinary session as the case may be in accordance with the present Law. The Ordinary General Assembly shall be held on the first Saturday of the month of March of each year, and in it the Board of Directors and the Honor Tribunal shall be elected successively in a single act. The Extraordinary General Assembly shall meet when the Board of Directors agrees to it or, failing that, at the written request of a number not less than one-third of the members who are current in the payment of their ordinary and extraordinary obligations.

The General Assemblies shall be held prior to written convocation by the Secretariat directed to each member and/or by notices in two (2) media of greatest circulation in the country or by any other suitable electronic communication medium with proof of receipt. The convocation must be made fifteen (15) days in advance of the date set for the Assembly.

For a General Assembly to be considered legally assembled on First Convocation, the attendance of more than half of the members is required. If the Ordinary or Extraordinary Assembly does not meet due to lack of quorum, it shall be held two (2) hours after the time set with the members who attend.

The matters submitted for consideration of the General Assembly shall be resolved by simple majority of votes. Voting may be exercised orally or in writing and shall be secret in the cases determined by this Law and the corresponding Regulation. Members shall have only the right to one personal vote and, where applicable, that of a member represented. Representation shall be evidenced by a duly authenticated Power of Attorney. It is expressly and absolutely prohibited to pass resolutions by acclamation.

The sessions of the General Assembly shall last the time necessary for the resolution of the items listed in the respective Agenda. When the discussion and resolution of a matter cannot be completed, it may be continued on the following day or days.

The resolutions of the General Assemblies within its competence shall be challengeable only by way of reconsideration and no other remedies shall lie against them, except Constitutional remedies when applicable.

The powers of the General Assembly are:

• 1)

  To know and decide on reforms and modifications to the present Law proposed through the respective channels;

• 2)

  To elect and remove the members of the Board of Directors and the Honor Tribunal, as well as the representatives of the College before other organizations;

• 3)

  To approve the Regulations of the present Law to achieve the proper functioning of the College;

• 4)

  To analyze and approve the General Budget presented by the Board of Directors;

• 5)

  To set the Ordinary and Extraordinary Fees that members of the College must pay;

• 6)

  To analyze, approve or disapprove the Reports and Acts of the Board of Directors and the Honor Tribunal;

• 7)

  To approve the Financial Statements presented by the Board of Directors and establish internal controls in the management of funds;

• 8)

  To hear complaints or appeals against the resolutions of the Board of Directors, with the exception of those referring to the execution of the Honor Tribunal's rulings; and,

• 9)

  Any other function designated by the present Law and not attributed to other bodies of the College. CHAPTER VI BOARD OF DIRECTORS

The Board of Directors is the executive body, in charge of the direction and governance of the College; it shall be composed of nine (9) principal members, as follows:

• 1)

  A President;

• 2)

  A Vice President;

• 3)

  A Secretary;

• 4)

  a Pro-Secretary;

• 5)

  A Treasurer;

• 6)

  a Comptroller; and,

• 7)

  Three (3) Members at Large. These shall be elected individually by simple majority through direct and secret vote.

The legal representation of the College corresponds to the Board of Directors and shall be exercised through the President or, failing that, by the Vice President or the Members at Large in their order.

In the departments and regions where the number of members is equal to or greater than twelve (12), the Board of Directors may organize chapters, and in those departments and regions where the number is less, the Board of Directors shall designate the representatives it deems appropriate, who shall serve as the liaison between the member and the authority, institutions, or agencies in the corresponding departments or regions.

The requirements to be a member of the Board of Directors are:

• 1)

  To be a member of the College in full exercise of the rights conferred by this Law;

• 2)

  To not have outstanding accounts with the College and/or with common justice; and,

• 3)

  To not have kinship within the fourth degree of consanguinity or second degree of affinity with any of the other members of the Board of Directors. In case of surviving incapacity by affinity, the member shall vacate their position and the member following in the election shall replace them according to the established order.

The members of the Board of Directors shall take office following oath of their positions, immediately after the election. They shall serve for two (2) years in their functions and may be reelected in whole or in part for one additional consecutive term.

The members of the Board of Directors shall provide their services ad honorem; however, they shall receive the allowances determined by the Regulation issued for this purpose. The positions of Secretary and Treasurer shall be remunerated in accordance with the General Budget of Income and Expenses.

The Board of Directors shall hold ordinary sessions monthly and extraordinary sessions when necessary, in accordance with the date determined by the respective Regulation.

The Board of Directors may only hold sessions when at least five (5) of its members are present, and resolutions shall be adopted by majority vote of those present.

The absence of a member of the Board of Directors from sessions on three (3) consecutive occasions, or four (4) alternate occasions without justified cause, shall have the effect of resignation from office without further proceedings.

In the absence of the President, the Vice President shall act as such, or in their absence, the Vocal Members shall act in the order of their election.

The powers and duties of the Board of Directors, in addition to those indicated in the Law of Mandatory Professional Membership, are the following:

• 1)

  To comply with and enforce this Law, its regulations, and the resolutions of the General Assembly;

• 2)

  To propose to the General Assembly reforms to this Law, draft regulations, and respective agreements;

• 3)

  To call Ordinary and Extraordinary General Assemblies in the manner prescribed in this Law;

• 4)

  To prepare draft Regulations and issue pertinent provisions for the effective organization and operation of the College;

• 5)

  To take cognizance of the resignation of any of its members and call the respective alternate. The alternates shall complete the term of the principal members;

• 6)

  To take cognizance of the faults committed by employees and other officials of the College, and apply respective sanctions;

• 7)

  To grant permission for justified cause to its members to temporarily separate from their positions;

• 8)

  To remit the rolls of College members to the corresponding authorities, so that from among them those who shall perform public functions may be chosen, when for such functions the quality of Licentiate in Aeronautical Sciences is required;

• 9)

  To propose to the General Assembly as honorary members professionals of recognized prestige;

• 10)

  To set the fees that the College member must charge in accordance with the Regulation issued for this purpose for work, consultancies, or other assignments;

• 11)

  To designate temporarily, in case of absence or temporary impediment of the Fiscal Officer, Secretary, or Treasurer, the Vocal Members who must substitute them;

• 12)

  To approve or disapprove the reports of financial statements presented by the Treasurer;

• 13)

  To approve the financial analysis and monthly report of the Fiscal Officer with observations and recommendations;

• 14)

  To create Chapters and establish Departmental or Regional representations in the country if necessary;

• 15)

  To appoint commissions and representatives of the College to participate in professional, national, and international conclaves;

• 16)

  To maintain information channels through College publications and promote the dissemination of experiences related to Aeronautical Sciences;

• 17)

  To promote active participation of all College members in congresses, symposiums, seminars, and courses related to the country's aeronautical problems;

• 18)

  To resolve applications for admission, licenses, and withdrawal from the College, in accordance with the respective Regulation;

• 19)

  To present annually at the Ordinary General Assembly a detailed report of activities carried out together with the draft General Budget of Income and Expenses for the following year;

• 20)

  To appoint and remove administrative employees of the College in accordance with the Law and grant or deny leaves;

• 21)

  To ensure that members comply with this Law and its Regulations;

• 22)

  To choose the subjects to be the object of study and debate in the academic meetings of the College;

• 23)

  To administer the College's assets in accordance with the respective Regulation and other provisions emanating from the General Assembly;

• 24)

  To publish the College Magazine and edit the scientific and cultural works of members when they have become deserving of such distinction; and,

• 25)

  To execute and approve the opinions issued by the Special Commissions and others determined by this Law and the Regulations that are issued.

The powers and duties of the President are:

• 1)

  To hold the legal representation of the College;

• 2)

  To call and preside over the sessions of the General Assembly and the Board of Directors;

• 3)

  To grant permission for justified cause and up to fifteen (15) days to members of the Board of Directors;

• 4)

  To appoint Commissions in default of the Board of Directors or in case of urgent necessity;

• 5)

  To order the practice of audits and verifications;

• 6)

  To propose to the Board of Directors the appointment or removal of College employees;

• 7)

  To sign with the Secretary the Minutes of Sessions and with the Treasurer the checks and Treasury documents that must bear his signature;

• 8)

  To supervise with the Fiscal Officer the monthly cash closings, recording these actions in the accounting books;

• 9)

  To decide with his tie-breaking vote the ties of the General Assembly and of the Board of Directors; and,

• 10)

  To take his oath before the General Assembly and to swear in and give office to the other members of the Board of Directors, Court of Honor, Representatives, Commissions, and Board of Directors of the Chapters.

The Vice President shall substitute for the President in his temporary absence. In the absence of the Vice President, he shall be replaced by the Vocal Members in the order in which they were elected.

The powers and duties of the Secretary are:

• 1)

  To serve as the organ of communication and dissemination of the College;

• 2)

  To draft the Minutes of the sessions of the Board of Directors and General Assemblies, read them, and sign them together with the President;

• 3)

  To handle the College's correspondence, countersign diplomas, certificates, agreements, and other College documents where his intervention is necessary;

• 4)

  To have under his responsibility and proper custody:

  • a)

    Books of Minutes of Board of Directors sessions and Assemblies;

  • b)

    Book of Member Registration; and, c) The College Archives;

• 5)

  To issue the convocations and citations from the Presidency, in accordance with this Law and its Regulations;

• 6)

  To conduct with the Fiscal Officer the scrutiny of votes;

• 7)

  To keep control of attendance and prepare the agenda for meetings;

• 8)

  To prepare together with the President the Annual Report of the Board of Directors and submit it for consideration and approval thereof; and,

• 9)

  The others that this Law and its Regulation designate.

The powers and duties of the Treasurer are:

• 1)

  To administer under his responsibility the College's assets, in accordance with budgetary provisions and to collect contributions and income of any kind;

• 2)

  To pay the accounts presented to him duly authorized, being able to inquire about the same when he deems it necessary;

• 3)

  To keep the accounting books duly authorized by the Fiscal Officer for the management of funds;

• 4)

  To facilitate the Fiscal Officer's review of the College's accounting operations;

• 5)

  To present monthly a Statement of Account to the Board of Directors and at each Ordinary General Assembly the Balance and General Report of the Treasury; and,

• 6)

  To prepare the Draft Budget of Income and Expenses, as well as the annual financial report.

The powers and duties of the Fiscal Officer are:

• 1)

  To ensure faithful compliance with this Law and the Regulations that are issued;

• 2)

  To exercise the corresponding legal actions against persons who illegally or improperly practice the profession;

• 3)

  To intervene in the cash audits and verifications that are conducted;

• 4)

  To report annually to the Board of Directors on the execution of its functions;

• 5)

  To periodically inspect the books and accounts of the Treasury, reporting to the Board of Directors on any irregularities found and formulating pertinent suggestions to correct them;

• 6)

  To watch over the interests of the College in matters of investments and others in order to prevent irregularities and fraud; and,

• 7)

  The Fiscal Officer shall be jointly and severally liable for the actions of the Treasury when there has been negligence in the performance of his functions.

The powers and duties of the Vocal Members are: 1) To substitute in the order of their election the other members of the Board of Directors, in case of temporary absence duly justified in the cases indicated by this Law and its Regulations; and, 2) To perform the functions that the Regulation designates for them.

The Honor Court shall be the collegiate body responsible for hearing matters concerning the professional conduct of members in accordance with the Code of Professional Ethics, and its domicile shall be the capital of the Republic.

The Honor Court shall be composed of seven (7) sitting members elected annually at the Ordinary General Assembly, following the same procedure for electing members of the Board of Directors. The position is mandatory and acceptance is irrenunciable for members who are elected.

The Honor Court shall elect a President and a Secretary. Such election shall be communicated to the Board of Directors without delay by means of the corresponding minutes certified by the Secretariat.

The requirements to be a member of the Honor Court are:

• 1)

  To be a member in full enjoyment of their rights;

• 2)

  To have a minimum of three (3) years of experience in professional practice; and,

• 3)

  To not have been subject to serious sanction by the College or convicted of a common crime.

The powers and duties of the Honor Court are:

• 1)

  To draft the Code of Professional Ethics and submit it for approval by the General Assembly;

• 2)

  To serve as mediator in controversies arising between members or between members and third parties;

• 3)

  To hear complaints and accusations against members with hearing of the accused;

• 4)

  To conduct inquiries and investigations of probable violations and breaches of this Law and its Regulations and the Code of Ethics; and,

• 5)

  To impose the corresponding sanctions based on this Law, its Regulations, and other provisions. The Honor Court shall communicate its rulings to the Board of Directors or to the General Assembly, as appropriate, for execution.

Complaints against members of the College for breach of their professional obligations, violations of ethical norms, and any other contravention to this Law and its Regulations shall be presented to the Honor Court, in writing and signed by the complainant, through the Board of Directors with a detailed statement of the facts and principles on which they are based. The Honor Court shall proceed ex officio when it becomes aware of violating facts or contraventions.

The Honor Court may report to the General Assembly the non-compliance by the Board of Directors with the Court's rulings. The General Assembly in this case shall resolve the matter definitively in accordance with this Law and its Regulations.

The procedure before the Honor Court and remedies against its rulings shall be the subject of a Special Regulation. CHAPTER IX THE CHAPTERS

In cities where there are twelve (12) or more members, the Board of Directors shall organize a Chapter, which shall serve as coordinator of the College's activities in the locality.

The Chapters shall be subject to the regulations of the Board of Directors of the College.

The Chapters may propose names of candidates for the Board of Directors of the College and for the Honor Court. CHAPTER X SPECIAL COMMISSIONS

The College shall have such Special Commissions as may be necessary; which shall be appointed by the Board of Directors.

Each Commission shall designate from among its members a Coordinator of its activities. The Coordinator shall present to the Board of Directors a report on the activities and results of the Commission.

The powers and duties of the Commissions are:

• 1)

  To resolve inquiries made by members themselves, the Courts, government departments, and autonomous and semi-autonomous institutions, or any natural or legal person;

• 2)

  To draft the projects for opinions that the College may request; and,

• 3)

  To cooperate with the Board of Directors in other duties. CHAPTER XI LIBRARY OF THE COLLEGE

The College shall organize an Aeronautical Library at its headquarters for the purpose of providing reference literature to members, students, and the general public. CHAPTER XII SOCIAL WELFARE AND ASSISTANCE

The College shall create a fund intended for the protection of its members against the risks of illness, temporary or permanent work incapacity, old age and death, as well as a retirement pension.

The Board of Directors may contract, following the corresponding studies, collective medical and life insurance with insurance companies.

The Board of Directors shall prepare the Regulation of Social Welfare and Assistance, which shall be submitted for consideration and approval by the General Assembly. CHAPTER XIII PROFESSIONAL ETHICS

The professional ethics of members is the behavior, conduct, actions and moral standards in the practical and concrete aspect of the norms established or proposed by the College of Aeronautical Professionals of Honduras (COLPRAH), being the instance from which the principles and criteria are formulated regarding how members should behave and toward which they should direct their actions. CHAPTER XIV SANCTIONS

By reason of their gravity, infractions are classified as:

• 1)

  Minor Offenses;

• 2)

  Serious Offenses; and,

• 3)

  Very Serious Offenses.

In accordance with the gravity of infractions, the College shall sanction members in conformity with the professional ethics norms set forth in this Law and its Regulations; applying the following procedure:

• 1)

  Private reprimand;

• 2)

  Public reprimand;

• 3)

  Fine;

• 4)

  Suspension; and, 5) Exclusion.

Unjustified failure to pay three (3) consecutive ordinary installments or a fine shall give rise to suspension from professional practice while the member remains in default.

The member who has been sanctioned with suspension and has complied with it shall be deemed ipso facto rehabilitated, the Board of Directors being required to notify the interested party and the respective bodies in writing.

In the event that a member is condemned by a Court or Tribunal of Justice to the penalty of absolute or special disqualification for the commission of a criminal act, the Board of Directors and the Honor Court shall take that condemnation into account for purposes of the enjoyment of rights by members and especially to prevent the professional practice of the member during the execution of his sentence.

The sanctions imposed by the Honor Court in conformity with this Law and its Regulations shall be communicated to the Board of Directors for execution, and the interested party may make use of the legal remedies provided for in this Law. CHAPTER XVI PATRIMONY OF THE COLLEGE

The patrimony of the College of Aeronautical Professionals of Honduras shall be constituted by:

• 1)

  Fees for registration rights;

• 2)

  Ordinary fees established monthly;

• 3)

  Ordinary and/or extraordinary contributions agreed upon by the General Assembly;

• 4)

  The proceeds from fines imposed on members in accordance with this Law and its Regulations;

• 5)

  Any lawful income received by the College in conformity with this Law and its Regulations, from services rendered;

• 6)

  Movable and immovable property acquired by the College to fulfill the purposes of the Institution;

• 7)

  The proceeds from the College's property; and,

• 8)

  Donations, inheritances, subsidies and bequests acquired by the College.

The Board of Directors shall dictate through the Treasurer the measures it deems necessary to ensure the best manner of administering the patrimony of the College.

An entrance fee and an ordinary monthly fee for each member shall be established, which shall be determined by the General Assembly, which is the authority that may modify the fees, sanctions and fines. CHAPTER XVII PROFESSIONAL PRACTICE

The practice of the Aeronautical Profession corresponds exclusively and solely to members of the Aeronautical College who meet the requirements established in this Law.

The following are considered as activities inherent to the Aeronautical Sciences and therefore correspond to professionals duly registered in the College in full enjoyment of their rights:

• 1)

  To plan, execute and supervise activities or projects that comprise the different orientations of the Aeronautical Sciences;

• 2)

  To conduct feasibility studies of Aeronautical projects;

• 3)

  To evaluate in whole or in part Aeronautical projects and programs;

• 4)

  To conduct appraisals, expert opinions and technical assessments related to Aeronautical activity;

• 5)

  To exercise Technical Direction of Aeronautical Works;

• 6)

  To exercise Direction, Administration, Supervision, Safety, Maintenance and Control of airports, landing strips, and other public or private institutions, national or international related to the Aeronautical Sciences;

• 7)

  To collaborate with the Civil Aeronautics Authority in the study of Airport projects, Landing Strips, Heliports, Air Terminals, Air Safety, Installation Safety, Flight Safety and other related matters; and,

• 8)

  Any other activity included within the orientations of the Aeronautical Sciences. CHAPTER XVIII GENERAL PROVISIONS

For the discussion of laws that have direct or indirect relation to the exercise of the profession, that affect the organization and operation of the College, or diminish the rights of its members, the opinion of the College of Aeronautical Professionals of Honduras shall be heard.

The judicial or administrative official who gives course to any petition or written document from a person not authorized by this Law to exercise the profession shall incur in a fine imposed by the respective hierarchical superior ex officio or at the request of the College. The fine shall be collected at the Treasury of the College, without prejudice to the nullity of all actions taken from the intervention of that person.

The College shall issue the respective seal that will identify each of its members, which shall bear the name of each member, registration number and the Emblem of the College.

Every member of the College shall take the following oath: "I PROMISE TO BE FAITHFUL TO THE COLLEGE OF AERONAUTICAL PROFESSIONALS OF HONDURAS, TO HONOR ITS PRINCIPLES AND COMPLY WITH ITS ORGANIC LAW AND THE OTHER PROVISIONS THAT IT MAY ENACT FOR THE ACHIEVEMENT OF ITS PURPOSES AND THE ENNOBLEMENT OF THE PROFESSION".