Organic Law of the College of Environmental Engineering Professionals of Honduras
Congreso Nacional
- Decree: 43-2022
- Published: August 13, 2022
- Issuing body: Congreso Nacional
- Gazette: 36,001
- Category: Administrative
Summary
This law establishes the College of Environmental Engineering Professionals of Honduras (CIAH) as a mandatory organization for environmental engineers. The college is responsible for regulating professional practice, protecting members' rights, promoting environmental conservation, and defending the profession's interests before the State.
Considerations
Whereas the Constitution of the Republic establishes the Right of Association in its Article 78, as well as in Article 177 regarding mandatory Professional Affiliation, articles that are fundamental for the organization of the different groups of professionals existing at the national level.
Whereas it is necessary to establish legal order among the different Organizations of Professionals in order to strengthen the actions and activities of each of the groups of professionals in accordance with their field of practice.
Whereas University Professionals in the Sciences of Environmental Engineering and other related fields lack their own Organic Law that promotes and develops the importance of said profession, which is essential in the application of the different standards necessary to prevent and mitigate environmental impact caused by different living beings, principally those that arise from human activity.
Whereas in accordance with Article 205, Attribution 1) of the Constitution of the Republic, it is the power of the National Congress to: Create, decree, interpret, amend, and repeal laws.
Articles
PURPOSE OF THE LAW. This Law has the purpose of establishing the College of Professionals in Environmental Engineering of Honduras (CIAH), hereinafter referred to as "The College", with legal personality and its own patrimony, which is governed by the Law of Mandatory Professional Registration, this Law, its Regulations and other laws of the country. The headquarters of "The College" shall be located in the Capital of the Republic, without prejudice to the chapters and branch offices that it may establish in any other place in the country.
MEMBERS. "The College" brings together university professionals in the sciences of Environmental Engineering, Engineers in Environmental Sciences and other related fields, whether they are graduates of national educational institutions or legally incorporated into the country.
OBJECTIVES OF THE COLLEGE. The objectives of The College are:
- 1)
To create awareness regarding service to society, conservation, protection and sustainable rational use of natural resources in pursuit of development and the common good;
- 2)
To regulate and preserve the professional practice of its members and to encourage affiliation with The College;
- 3)
To advocate for professional recognition of its members, in correspondence with their dedication and service to the community;
- 4)
To achieve fair compensation for its members, including the enjoyment of social security benefits;
- 5)
To promote and ensure that public positions requiring knowledge of Environmental Engineering are held by its members;
- 6)
To promote the generation of ventures and employment in all areas and specialties of Environmental Engineering;
- 7)
To publicly disseminate the achievements of Environmental Engineering and the role it plays in the development and well-being of the country;
- 8)
To grant awards and public recognition for outstanding achievements of its members, educational centers and research institutions or similar entities, related to the practice of their profession;
- 9)
To promote academia and science in general among schools and universities related to Engineering, fostering fraternal ties with other professional colleges and societies in the country and abroad, including scholarship programs or certifications;
- 10)
To promote the competitiveness and efficiency of Environmental Engineering, considering research, teaching and professional environmental practice, as well as formal relationships between students and members, including the publication of technical and scientific works with prospective vision that contribute to the progress of the profession;
- 11)
To develop its own programs in cooperation with other institutions, oriented toward the continuous training of its members;
- 12)
To voluntarily serve as arbitrator in conflicts between members and even third parties, in accordance with the procedures established for that purpose;
- 13)
To foster the collaboration of its members in professional actions that contribute to solving problems of the community and the country, including the broadest collaboration with public authority as a consulting body. In matters requiring the advice of a specialist in environmental matters, including the creation and development of a knowledge management center, with environmental management tools, training in environmental matters, geographic information technologies, among others;
- 14)
To promote cultural, social, sports and recreational activities among its members;
- 15)
To promote certification in the different areas and specialties of Environmental Engineering;
- 16)
To promote the enactment, reform and modernization of laws and Regulations related to the professional practice of Environmental Engineering;
- 17)
To promote development projects and best engineering practices within the framework of sustainable development, providing approaches for risk prevention and minimization of environmental impacts in the country's activities; and,
- 18)
Other objectives related to the nature of its purpose.
COLLEGIAL POLICIES. To ensure the fulfillment of the objectives previously established, The College has the following policies:
- 1)
POLICY OF CONTINUITY: Which implies giving special importance to the planning of The College's activities, aimed at fulfilling its objectives, which translates into concrete programs, endowed with continuity and coherence in its goals;
- 2)
POLICY OF AUTONOMY: Which implies ensuring that the financial resources necessary to carry out The College's programs are obtained through institutionalized means and procedures that safeguard The College's autonomy;
- 3)
POLICY OF PARTICIPATION: Which means constantly expanding the number of members participating in The College's activities, creating and maintaining the necessary incentives;
- 4)
POLICY OF FUNCTIONALITY: Which implies establishing an agile organization that groups related functions in bodies capable of developing their activities in an effective, harmonious and participatory manner;
- 5)
POLICY OF APOLITICALITY: Which implies that The College is obliged to refrain from actions that directly or indirectly give the impression that it belongs to, supports or sympathizes with a particular political party or movement; and,
- 6)
POLICY OF RELIGIOUS NEUTRALITY: Which implies that The College must refrain from actions that directly or indirectly give the impression that it has a particular religious option and at the same time means respect for the plurality of faith.
TYPES OF MEMBERS. The College has four (4) types of members:
- 1)
FULL: Being those members incorporated into The College who maintain their rights and duties in effect;
- 2)
INACTIVE: Being those Full members who, for the reasons established in this Law and its regulation, are under suspension of certain rights;
- 3)
EMERITUS: Being those members who are retired or pensioned for disability by The College's retirement system; and,
- 4)
HONORARY: Being those natural or legal persons who, without being members properly, The College has decided to grant them such status by virtue of their performance related to the profession.
FULL MEMBERS. Full members enjoy all collegial rights. To be incorporated as a full member, the requirements and procedure established in this Law and its regulations must be met.
INACTIVE MEMBERS. Inactive members are suspended from one or more rights, either by a leave of absence, automatic sanction, or by the appropriate body. The restoration of such rights depends on what is established in this respect in this Law.
EMERITUS MEMBERS. Emeritus members cease the practice of the profession and must be specially considered and honored in The College's activities. Once retired or pensioned by The College, they are exempt from the payment of ordinary fees.
HONORARY MEMBERS. Honorary members do not have membership rights, enjoying only honors and privileges related to outstanding work or special contributions in favor of The College.
INCORPORATION OF MEMBERS. Members are incorporated into The College through the approval of their admission application by The College's Board of Directors. Once a member is incorporated, they acquire the status of Full member. Notwithstanding, the Board of Directors may delegate such responsibility to a Special Committee through a resolution.
REQUIREMENTS TO BE A MEMBER. Any person who intends to acquire the status of member of The College must meet the following requirements:
- 1)
To hold a valid title in the country as an Environmental Engineer or as an Engineer in Environmental Sciences; or in the case of holding another related title, that it be approved by The College's Review and Evaluation Committee;
- 2)
To have submitted the respective application for admission;
- 3)
To be in full enjoyment and exercise of their civil rights; and,
- 4)
To be admitted by the Board of Directors in accordance with the procedure it establishes. The application must be accompanied by the documentation that accredits the fulfillment of requirements. Prior to the oath-taking ceremony, the registration fee established in The College's annual budget must be paid.
PROCEDURE FOR THE INCORPORATION OF MEMBERS. The procedure for incorporation as a member of The College must be developed in the Regulation of this Law; in the meantime, what is resolved by The College's Board of Directors must be followed. This same provision is applicable to honorary members.
EMERITUS AND INACTIVE MEMBERS. Regarding the status of emeritus members, what is established regarding the Retirement Institute must be followed; while regarding inactive members, the regime of suspension and loss of rights of this Law.
RIGHTS OF FULL AND EMERITUS MEMBERS. The rights of full and emeritus members are:
- 1)
The free practice of the profession;
- 2)
To participate in The College's activities;
- 3)
To be treated with equality and without any discrimination in all of The College's activities;
- 4)
To attend sessions of the General Assembly;
- 5)
To participate with voice and vote in sessions of The College's bodies where they are entitled to participate and, where applicable, in representation of The College;
- 6)
To represent The College when by virtue of holding an office or by delegation it corresponds to them to do so;
- 7)
To represent The College in technical meetings, congresses and other events related to Environmental Engineering, when commissioned by the President, the General Assembly or the Board of Directors;
- 8)
To be defended by The College against actions by natural or legal persons that attempt against the free and legitimate exercise of the profession;
- 9)
To be incorporated into official delegations of The College in any other place in the Republic or abroad, in accordance with what is established in this Law, its regulation or the respective governing bodies;
- 10)
To submit proposals through position papers and motions in sessions where they are entitled to participate;
- 11)
To elect and be elected to positions in the governing bodies to which they may aspire;
- 12)
To carry and appropriately use The College's corporate identity;
- 13)
To enjoy general and retirement benefits, when applicable;
- 14)
To recommend to the Board of Directors the granting of distinctions, recognitions, awards or honorary appointments to natural or legal persons who have collaborated in an exceptional manner for the benefit of The College's objectives, or who have made an important contribution to Honduran Environmental Sciences;
- 15)
To enjoy other prerogatives that this statute and its Regulations grant them; and,
- 16)
The rights contained in numerals 1) and 8) are not applicable to Emeritus members.
RIGHTS OF HONORARY MEMBERS. Honorary members may make use of The College's corporate identity in accordance with what is established in the Internal Regulations. Until these are issued, it corresponds to The College's Board of Directors to determine this.
DUTIES OF MEMBERS. Full and emeritus members, even if they are inactive, have the following duties:
- 1)
To comply with and uphold what is established in this Law, its Regulations, and other provisions issued by the governing bodies of the College;
- 2)
To comply with the Professional Code of Ethics of the College;
- 3)
To cooperate with the College in the fulfillment of its objectives;
- 4)
To ensure that solidarity and brotherhood prevail in the relationships among members;
- 5)
To remain current in the payment of ordinary and extraordinary fees of the College;
- 6)
To responsibly perform the positions and delegations entrusted to them;
- 7)
To attend the sessions in which they are required to participate; and,
- 8)
To comply with the sanctions imposed upon them. Subsection 5) above does not apply to emeritus members.
PROHIBITIONS FOR MEMBERS. Members of the College are prohibited from:
- 1)
Acting directly, indirectly, or through omission, in violation of the objectives, policies, and interests of the College;
- 2)
Making improper use of the corporate identity of the College;
- 3)
Promoting, participating in, or facilitating acts of violence in general or against the members; and,
- 4)
Acting unethically in the exercise of their profession. SUBSECTION II SUSPENSION, PERMITS, WITHDRAWAL AND TRANSFERS OF MEMBERS
SUSPENSION. Members may be suspended in one or more rights of their membership, due to a permit or for incurring one or more of the violations established in this Law. In the same manner, they may lose their membership.
PERMITS. Any full member may request a permit to be absent from the sessions in which they are required to participate or from a responsibility that concerns them. To enjoy a permit, they must be current with their financial obligations to the College and in the performance of their positions. The authorization of permits is the responsibility of the Board of Directors. Indefinite permits and those exceeding ten (10) years are prohibited. Those under a permit regime may not practice the profession in the country.
WITHDRAWAL. Members may voluntarily withdraw from the College, provided that they are current with their financial obligations and with the performance of their positions; this must be approved by the Board of Directors.
TRANSFERS. Members of the College may request their transfer to another College abroad, and at the same time request their routing letter. To enjoy a transfer, they must be current with their financial obligations to the College and in the performance of their positions. The authorization of transfers is the responsibility of the Board of Directors. Indefinite transfers and those exceeding ten (10) years are prohibited. Those under a transfer regime may not practice the profession in the country. SUBSECTION III DISCIPLINARY GUILD REGIME
VIOLATIONS. The violations applicable to all members may be: Serious, Less Serious, and Minor.
SERIOUS VIOLATIONS. The following are serious violations:
- 1)
The serious violation of this Law and its regulations;
- 2)
Performing any action contrary to the interests and policies of the College;
- 3)
Performing acts contrary to morality, proper conduct, and professional ethics;
- 4)
Using the College for political and/or religious purposes;
- 5)
Recidivism in a less serious violation; and,
- 6)
Insolvency with the treasury of the College, whose amount is equal to or greater than six (6) monthly fees.
LESS SERIOUS VIOLATIONS. The following are less serious violations:
- 1)
Insolvency with the College, whose amount is less than six (6) monthly fees;
- 2)
Absence from the sessions in which they are required to participate, when this affects the functioning of the respective body;
- 3)
Recidivism in a minor violation; and,
- 4)
Failure to fulfill the responsibilities acquired in a position of the governing bodies of the College.
MINOR VIOLATIONS. The following are minor violations: 1) Insolvency with the College, whose amount is less than three (3) monthly fees; and, 2) Manifest failure to perform a position or responsibility that is not a leadership position of the College.
SANCTIONS. The sanctions referred to in this subsection must be applied by the Board of Directors, in accordance with the violation committed, and may consist of:
- 1)
Disaffiliation;
- 2)
Disqualification;
- 3)
Suspension; and,
- 4)
Censure.
APPLICATION OF SANCTIONS. The application of sanctions related to violations must conform to the following minimum rules:
- 1)
When a serious violation is committed, at the discretion of the Board of Directors, one or more sanctions must be applied, in accordance with the severity and implications of the case, and may include disaffiliation, disqualification, or suspension of certain rights, privileges, or responsibilities;
- 2)
When a less serious violation is committed, at the discretion of the Board of Directors, one or more sanctions must be applied, in accordance with the severity and implications of the case, and may include disqualification, suspension, and a vote of censure; and,
- 3)
When a minor violation is committed, at the discretion of the Board of Directors, one or more sanctions must be applied in accordance with the severity and implications of the case, and may include disqualification and suspension of certain rights, privileges, or responsibilities. In the case of Article 25, subsection 1), regarding minor violations, the suspension of voting rights must be automatic upon entering into insolvency, as well as their restoration upon payment of the amount owed.
SANCTIONARY PROCEDURE. The sanctionary procedure must be established in the Regulation of this Law. Until it is issued, the determination thereof shall correspond to the Board of Honor of the College.
REGULATION OF DISCIPLINARY REGIME. The Disciplinary Regime must be regulated in the Regulation of this Law. Violations related to the exercise of the profession are the exclusive jurisdiction of the Board of Honor. CHAPTER III ORGANIZATION OF THE COLLEGE SECTION I GENERAL PROVISIONS
GOVERNING BODIES. The College has an internal organization consisting of principal and auxiliary governing bodies. 1) The principal bodies are: a) The General Assembly b) The Board of Directors; and, c) The Board of Honor. 2) The auxiliary bodies are: a) Special Committees.
FUNCTIONING OF GOVERNING BODIES. The functioning of the governing bodies must comply with the following minimum rules:
- 1)
Function in a democratic manner;
- 2)
Be integrated in accordance with the provisions of this Law and its Regulations;
- 3)
As a general rule, the quorum for constitution and decision-making is one-half plus one of its members; with the exception of extraordinary sessions, whose quorum for constitution shall be two-thirds (2/3), without prejudice to a second convocation;
- 4)
When there is a tie in decision-making, a new vote must be held and if the tie persists, the presiding member has a tie-breaking vote;
- 5)
Unless expressly provided in this Law, votes must be open, by raising hands;
- 6)
The election of members of the governing bodies must be conducted by means of a list of voters, in writing and by secret ballot; and,
- 7)
The repeated absence of a member of the principal governing bodies, without justified cause, for more than three (3) consecutive sessions or four (4) alternating sessions per year, gives rise to the suspension of the position of this member by the body itself. Said suspension must be agreed to by two-thirds (2/3) of those present and ratified by the General Assembly, entering as a pending matter in its next ordinary session. SECTION II GENERAL ASSEMBLY
GENERAL ASSEMBLY. The General Assembly is the supreme governing body of the College and is comprised of all full members of the College, in accordance with the membership register that must be maintained by the Secretary of the Board of Directors and the solvency report from its Treasury. The General Assembly may meet in ordinary or extraordinary session, following prior convocation by the Board of Directors through the Secretary.
POWERS OF THE GENERAL ASSEMBLY. The powers of the General Assembly are:
- 1)
To review proposals for amendments to this Law, the issuance and amendment of its regulations;
- 2)
To elect the members of the Board of Directors and the Board of Honor, as well as to agree, if applicable, their suspension or removal;
- 3)
To approve annually the work plan and budget of the College, taking as a basis the project submitted by the Board of Directors;
- 4)
To approve the institutional strategic plan, based on the proposal of the Board of Directors;
- 5)
To review and decide on the annual management and financial report of the College, which must be presented by the Board of Directors, as well as other specific matters that it may require or receive;
- 6)
To examine the actions of the Board of Directors, to review complaints against it and to resolve accordingly;
- 7)
To review the suspensions established in Article 31, paragraph 7); to ratify them, revoke them or agree to the removal thereof;
- 8)
To review the annual management report of the Board of Honor, as well as other specific matters that it may require or receive;
- 9)
To approve the ordinary and extraordinary fees that must be paid by Members of the College;
- 10)
To establish special committees;
- 11)
To approve the Code of Ethics of the Environmental Engineering Professional and to amend it;
- 12)
To agree to the dissolution of the College;
- 13)
To approve the contingency plan of the College; and,
- 14)
The other functions determined by this Law or its Regulations, as well as those that are not expressly assigned to another governing body of the College. The matters related to the powers contained in paragraphs 1), 11), 12) and 13) above may only be addressed in extraordinary sessions. For these matters, the vote must be at least two-thirds (2/3) of those present; with the exception of Power 1), which requires at least three-fourths (3/4) of the full members.
ORDINARY SESSIONS OF THE GENERAL ASSEMBLY. The General Assembly must meet in ordinary session at least once per year within the first three (3) months thereof, following official convocation by the Secretary of the Board of Directors, with advance notice of at least fifteen (15) days, and must include the corresponding agenda. In ordinary sessions, the matters that correspond to the General Assembly that are not reserved for extraordinary sessions may be addressed.
EXTRAORDINARY SESSIONS OF THE GENERAL ASSEMBLY. The General Assembly may meet in extraordinary session when the Assembly or the Board of Directors of the College so agrees, following official convocation by the Secretary of the Board of Directors, with advance notice of at least fifteen (15) days, and must include the corresponding agenda. In extraordinary sessions, only the specific matter for which it was convoked may be addressed, which is usually in accordance with this Law are matters exclusive to this type of session. The agendas of extraordinary sessions may not be modified and the minutes must be approved before adjournment. An extraordinary session must also be convoked when the Board of Directors receives a petition signed by more than five percent (5%) of the full members, or at the request of the Board of Honor in matters within its jurisdiction.
CONVOCATIONS TO SESSIONS. Convocations to sessions of the different bodies shall be made through the official email of the College to the email addresses registered for each Member in the Secretary's Office of the Board of Directors. Whenever expressly inserted, the convocation may be made in first and second convocation. "In first convocation" the corresponding quorum must be reached, whereas "in second convocation" convocation shall be for one (1) hour later, with the full members who attend.
SESSIONS OF THE CHAPTERS. The Chapters that the College creates must comply, as applicable, with the provisions established in this Law and its regulations regarding their convocation and other pertinent aspects. SECTION III BOARD OF DIRECTORS
COMPOSITION OF THE BOARD OF DIRECTORS. The Board of Directors is the principal executive body of the College, and is composed of:
- 1)
A President;
- 2)
A Vice President;
- 3)
A Secretary;
- 4)
A Treasurer;
- 5)
A Fiscal;
- 6)
A Councilor I;
- 7)
A Councilor II;
- 8)
A Councilor III; and, 9) A Councilor IV. In case of absolute absence of the members contained in paragraphs 2), 3), 4) and 5) above, they shall be replaced by the councilors in their order. In this case, the Board of Directors is authorized to incorporate a full member of the College in the position of replacement Councilor, for the remainder of the term. These appointments must be ratified or their replacements elected at the discretion of the General Assembly in its next ordinary session. The term of office of the Board of Directors of the College is two (2) years, and they may be reelected to their position continuously for one (1) additional term.
POWERS OF THE BOARD OF DIRECTORS. The powers of the Board of Directors are:
- 1)
To direct the general activity of the College;
- 2)
To comply with and enforce this Law, its regulations and the decisions of its principal governing bodies;
- 3)
To promote all kinds of activities aimed at achieving the objectives of the College;
- 4)
To convoke sessions of the General Assembly, through the Secretary;
- 5)
To prepare the plans and budgets of the College and submit them to the General Assembly in the corresponding sessions;
- 6)
To coordinate the action of the principal and auxiliary bodies of the College;
- 7)
To review and refer to the Board of Honor the proposals for sanctions in accordance with the Disciplinary System, after prior opinion from the Fiscal;
- 8)
To receive a monthly report from the Board of Honor regarding the sanctions it has imposed;
- 9)
To approve the draft regulations and Code of Ethics to be submitted to the General Assembly;
- 10)
To review treasury reports and other pertinent reports, prior to presentation to the General Assembly;
- 11)
To establish an administrative structure in accordance with the financial capacity of the College; and,
- 12)
The others that by their nature correspond to it.
REQUIREMENTS TO BE A MEMBER OF THE BOARD OF DIRECTORS. To be a member of the Board of Directors, the following are required:
- 1)
To be a full member of the College;
- 2)
To be of Honduran nationality;
- 3)
To be current with financial obligations to the College; and,
- 4)
Not to be subject to disqualifications related to criminal records and breaches of ethics.
SESSIONS OF THE BOARD OF DIRECTORS. The Board of Directors must meet in ordinary session at least once a month and in extraordinary session when convoked by its President or requested by at least four (4) of the board members or the Board of Honor in matters within its jurisdiction. Minutes must be drawn up from each session, which must be signed by the President and the Secretary and reviewed in the following session. A summary of the Board of Directors' resolutions must be published monthly on the College's website. Without prejudice to the provisions of the preceding Article 32, for there to be quorum it is required that the President, the Secretary, and any other board member be present. Convocations to ordinary sessions must be made with at least three (3) days' notice and for extraordinary sessions with at least two (2) days' notice.
REQUIREMENTS TO BE PRESIDENT OF THE BOARD OF DIRECTORS. In addition to the provisions established in the preceding Article 41, to be President it is required to have held at least one (1) position in the governing bodies and to have a minimum of five (5) years of accumulated experience in the practice of the Environmental Engineering Profession.
POWERS OF THE PRESIDENT OF THE BOARD OF DIRECTORS. The powers of the President are:
- 1)
To represent the College legally and ceremonially;
- 2)
To comply with and enforce this Law, its regulations and the decisions of its principal and auxiliary governing bodies;
- 3)
To grant general and special powers of legal representation;
- 4)
To promote all kinds of activities aimed at achieving the objectives of the College;
- 5)
To issue with the Secretary the convocations to sessions of the General Assembly and Board of Directors;
- 6)
To preside over sessions of the General Assembly and the Board of Directors;
- 7)
To sign jointly with the Secretary the minutes of sessions, agreements and other resolutions;
- 8)
To coordinate the action of the Special Committees of the College;
- 9)
To receive the Oath of Law from members upon joining and from officials of the College appointed or elected;
- 10)
To authorize with the Secretary the Certificates of Membership;
- 11)
To authorize jointly with the Treasurer the expenditures and other financial transactions of the College;
- 12)
To issue his tie-breaking vote when applicable; and,
- 13)
The others that by their nature correspond to him.
REQUIREMENTS TO BE VICE PRESIDENT OF THE BOARD OF DIRECTORS. In addition to the provisions established in the preceding Article 41, to be Vice President it is required to have held at least one (1) position in a governing body and to have a minimum of five (5) years of accumulated experience in the practice of the Environmental Engineering Profession.
POWERS OF THE VICE PRESIDENT OF THE BOARD OF DIRECTORS. The powers of the Vice President are:
- 1)
To attend sessions of the General Assembly and of the Board of Directors;
- 2)
To assist the President in the performance of his functions, in the manner that he considers most convenient;
- 3)
To substitute for the President in his temporary or permanent absences, assuming all the powers and obligations inherent to the position;
- 4)
To participate, at the request of the Board of Directors, in the direction and administration of auxiliary bodies of the College; and,
- 5)
The others that by their nature correspond to him.
REQUIREMENTS TO BE SECRETARY OF THE BOARD OF DIRECTORS. In addition to what is established in the preceding Article 41, to be Secretary it is required to have held at least one (1) position in the governing bodies and to have a minimum of five (5) years of accumulated experience in the exercise of the Environmental Engineering Profession.
ATTRIBUTIONS OF THE SECRETARY OF THE BOARD OF DIRECTORS. The attributions of the Secretary are:
- 1)
To maintain and safeguard the following records: Members, minutes and agreements of the General Assembly and the Board of Directors, as well as others that are deemed appropriate;
- 2)
To draft and authorize the minutes, agreements, resolutions and communications;
- 3)
To authorize credentials, certifications and other documents issued by the College;
- 4)
To convene the General Assembly and the Board of Directors, in accordance with the type of session;
- 5)
To sign jointly with the President the minutes of sessions, agreements and other resolutions;
- 6)
To register members and issue the Certificate of Membership;
- 7)
To arrange, preserve and safeguard the College's files;
- 8)
To receive and process requests and communications addressed to the College and its different bodies;
- 9)
To attend sessions of both the General Assembly and the Board of Directors, preparing jointly with the President the respective agendas and other necessary documentation;
- 10)
To collaborate with members of the Board of Directors and other governing bodies; and,
- 11)
Others that by their nature correspond.
REQUIREMENTS TO BE TREASURER OF THE BOARD OF DIRECTORS. In addition to what is established in the preceding Article 41, to be Treasurer it is required to have held at least one (1) position in the governing bodies and to have a minimum of five (5) years of accumulated experience in the exercise of the Environmental Engineering Profession.
ATTRIBUTIONS OF THE TREASURER OF THE BOARD OF DIRECTORS. The attributions of the Treasurer are:
- 1)
To administer under their responsibility the assets of the College;
- 2)
To make payments and other financial transactions of the College with due authorization;
- 3)
To maintain the necessary accounting books;
- 4)
To pay taxes, fees, contributions and others required by Law;
- 5)
To present monthly to the Board of Directors a complete report of the financial situation of the College;
- 6)
To deposit the funds of the College and in the name thereof in an institution of the National Financial System; duly authorized by the National Commission of Banks and Insurance (CNBS); either in cash or in securities of immediate liquidity, as directed by the Board of Directors;
- 7)
To attend sessions of the General Assembly as well as the Board of Directors and other bodies, when applicable;
- 8)
To be custodian of the assets that comprise the patrimony of the College;
- 9)
To review and submit to the approval of the Board of Directors and the Ordinary General Assembly the budgets, statements and reports of income and expenses;
- 10)
To report to the General Assembly and the Board of Directors on the finances of the College, presenting the proposals and recommendations it deems pertinent;
- 11)
To establish an efficient mechanism to facilitate the collection of registration fees, ordinary and extraordinary; and,
- 12)
Others that by their nature correspond to them.
REQUIREMENTS TO BE COMPTROLLER OF THE BOARD OF DIRECTORS. In addition to what is established in the preceding Article 41, to be Comptroller it is required to have held at least one (1) position in the governing bodies and to have a minimum of five (5) years of accumulated experience in the exercise of the Environmental Engineering Profession.
ATTRIBUTIONS OF THE COMPTROLLER OF THE BOARD OF DIRECTORS. The attributions of the Comptroller are:
- 1)
To ensure, in coordination with the President, that each of the members of the Board of Directors comply with the obligations assigned to them by Law and other Regulations of the College;
- 2)
To monitor compliance with the resolutions and agreements of the General Assembly, the Board of Directors and the Board of Honor;
- 3)
To issue the opinions, assessments and comments established in this Law, requested by the General Assembly or the Board of Directors; or those it deems necessary according to its position; and,
- 4)
Any other attribution and obligation stated in the regulations of the College, the General Assembly and the Board of Directors.
REQUIREMENTS AND ATTRIBUTIONS TO BE MEMBER-AT-LARGE OF THE BOARD OF DIRECTORS. In addition to what is established in the preceding Article 41, to be Member-at-Large it is required to have held at least one (1) position in the governing bodies and to have a minimum of five (5) years of accumulated experience in the exercise of the Environmental Engineering Profession. The Members-at-Large shall substitute in their order for the management positions included in subsections 2) through 5) of the preceding Article 38. Furthermore, they shall provide general assistance and fulfill the functions assigned to them. SECTION IV THE BOARD OF HONOR
BOARD OF HONOR. The Board of Honor is the principal body responsible for ensuring that professional ethics standards are complied with by members. It is constituted to receive complaints, conduct the corresponding investigations or inquiries and issue resolutions related to violations of the Code of Ethics of its members. It must likewise notify such resolutions to the interested parties and the Board of Directors. Its decisions must be made with a majority of at least five (5) of its full members. Its resolutions are non-appealable. Said Board must present a management report in an ordinary session of the General Assembly.
COMPOSITION OF THE BOARD OF HONOR. The Board of Honor is composed of seven (7) full members and two (2) alternates; elected for a period of two (2) years by the General Assembly in its ordinary session, from among the full members in attendance. The alternates shall integrate this Board in the absence of full members. To be a member of the Board of Honor, one must have at least ten (10) years of professional practice and must not have been sanctioned for any offense within the framework of the College. In its first session, the Board of Honor must establish its own internal organization.
ATTRIBUTIONS OF THE BOARD OF HONOR. The attributions of the Board of Honor are:
- 1)
To receive complaints for alleged violations of ethics by its members;
- 2)
To conduct or direct investigations into the complaints or denunciations presented;
- 3)
To issue the corresponding resolutions on the processes investigated;
- 4)
To inform the Board of Directors of the sanctions it imposes;
- 5)
To recommend to the Board of Directors the granting of distinctions, recognition, awards or honorary appointments to natural or juridical persons who have collaborated in an exceptional manner for the benefit of the promotion of ethics among the members of the College;
- 6)
To propose the draft Professional Code of Ethics for Environmental Engineering, reforms thereto and to submit the same for approval by the General Assembly in an extraordinary session; and,
- 7)
To analyze and issue its opinion on matters requested by the Board of Directors. CHAPTER IV PATRIMONY AND FINANCES
PATRIMONY OF THE COLLEGE. The Patrimony of the College is constituted by:
- 1)
The registration fees, ordinary and extraordinary contributions of the members of the College;
- 2)
The income from the College Stamp;
- 3)
Income from services, rents, fruits of assets, investments, bonds, and any other of lawful origin;
- 4)
Inheritances, bequests or donations that the College acquires under any title; and,
- 5)
Assets that the College acquires under any title.
FEES. The members must contribute to the maintenance of the College, being obligated to pay fees, which may be: Ordinary, Extraordinary and Registration Fees to the College. The amount must be established in the annual budget. The form and payment plans, as well as other necessary aspects, must be established in the Regulation of this Law and in the meantime by the Board of Directors. The fees must be paid to the Treasury of the College or an authorized institution of the National Financial System, within the first seven (7) days of the corresponding month.
SEAL AND STAMP. The College is authorized to authorize the seal that certifies the member to issue scientific opinions, plans, studies and other activities that require the ethical and professional support of knowledge in Environmental Engineering in all its branches. The form, characteristics and value to be paid for the issuance of the member's seal must be defined in the Regulation of this Law. Likewise, the College is authorized to create and manage a professional stamp, whose characteristics, value and other necessary aspects must be regulated in the Regulation of this Law. CHAPTER V FINAL AND TRANSITIONAL PROVISIONS
OATHS. Every member upon joining the College or taking office in one of the governing bodies shall take the following oath: "I PROMISE TO BE LOYAL TO THE COLLEGE OF ENVIRONMENTAL ENGINEERS OF HONDURAS, TO RESPECT ITS PRINCIPLES AND POLICIES, TO COMPLY WITH AND ENSURE COMPLIANCE WITH ITS LAW, ITS REGULATIONS AND OTHER PROVISIONS ISSUED BY ITS GOVERNING BODIES".
FIRST AND SUBSEQUENT BOARDS OF DIRECTORS. The Provisional Board of Directors and the Board of Honor of the College of Professionals of Environmental Engineering of Honduras (CIAH) are recognized; as evidenced in Point of Minutes No. 01-2019 of the Foundational Session dated twenty-first (21) of September of the year two thousand nineteen (2019) and which is filed in the Secretariat of the National Congress; as the first Board of Directors and Board of Honor of the College of Professionals of Environmental Engineering of Honduras (CIAH), which shall remain in office for a period of two (2) years from the effective date of this Law. Once the period referred to in the preceding paragraph has concluded and for the following two (2) elections of Board of Directors and Board of Honor, it shall be sufficient to be a member of these bodies to have held one (1) position in the governing bodies.
REGULATIONS. The Regulation of this Law and other regulations governing membership rights must be approved and issued by the General Assembly upon proposal of the Board of Directors, within a period of sixty (60) business days counted from the date of its entry into force.
EFFECTIVE DATE. This Law shall enter into force on the day following its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the tenth day of the month of May of two thousand twenty-two. LUIS ROLANDO REDONDO GUIFARRO PRESIDENT CARLOS ARMANDO ZELAYA ROSALES SECRETARY LUZ ANGÉLICA SMITH MEJÍA SECRETARY To the Executive Branch. Therefore: Let it be executed. Tegucigalpa, M.D.C., May 19, 2022 IRIS XIOMARA CASTRO SARMIENTO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF NATURAL RESOURCES AND ENVIRONMENT LUCKY HALACH MEDINA ESTRADA
Related laws
- Decreto Legislativo No. 43-2022 — Ley Orgánica del Colegio de Profesionales de la Ingeniería Ambiental de Honduras — This law establishes the College of Environmental Engineering Professionals of Honduras (CIAH), an organization that brings together environmental engineers in the country. The College will regulate the profession, protect the rights of its members, promote environmental quality and related matters, and operate under a structure of an assembly, board of directors, and honor tribunal. (Decree 43-2022, 2022)
- Decreto Legislativo No. 901-1980 — Ley Orgánica del Colegio de Ingenieros Agrónomos de Honduras (Decree 901-1980, 2017)
- Decreto Legislativo No. 902-1980 — Ley Orgánica del Colegio de Ingenieros Mecánicos, Electricistas y Químicos de Honduras (Decree 902-1980, 2017)
- Decreto Legislativo No. 95-1983 — Ley Orgánica del Colegio de Microbiólogos y Químicos Clínicos de Honduras (Decree 95-1983, 2017)
- Decreto Legislativo No. 6-2004 — Ley Orgánica del Colegio de Médicos Veterinarios de Honduras (Decree 6-2004, 2017)