Chapter V. Designated Consultant Examination Institution

(Scope of Consultant Test Business)

Article 26. The Minister of Health, Labour and Welfare shall, when having designated consultant testing institutions perform consultant test business in accordance with Article 83-2 of the Law, provide the scope of such consultant test business to be performed by designated consultant testing institutions.

(Application for Designation)

Article 27. The person who applies for the designation in accordance with the provisions of paragraph 2 of Article 75-2 of the Law, which applies mutatis mutandis to Article 83-3, shall submit to the Minister of Health, Labour and Welfare an application form describing the following matters:

(1)  Name and address of the applicant.

(2)  Name and address of the office in which consultant test business is to be conducted.

(3)  Date on which consultant test business is to be started.

2. The application form prescribed in the preceding paragraph shall be accompanied by the following:

(1)  Certified copy of the articles of incorporation or the articles of association, and of the register.

(2)  List of assets and the balance sheet for the business year prior to the business year including the date of application.

(3)  Business program and a budget of income and expenditure for the business year including the date of application and the next business year.

(4)  Document describing the names and personal records of officers.

(Report of Change in the Name, etc., of Designated Consultant Testing Institution)

Article 28. A designated consultant testing institution shall, when changing its name or address, or the name or address of the office where consultant test business is conducted, submit to the Minister of Health, Labour and Welfare a notice describing the following matters:

(1)  New name or address of such a designated consultant testing institution, or the new name or address of the office where consultant test business is conducted.

(2)  Date on which such change is planned.

(3)  Reason for such a change.

2. A designated consultant testing institution shall, when newly establishing or abolishing its office where consultant test business is conducted, submit to the Minister of Health, Labour and Welfare a notice describing the following matters:

(1)  Name and address of such an office to be newly established or abolished.

(2)  Date on which consultant test business is planned to be started, or abolished at such an office to be newly established or abolished.

(3)  Reason for new establishment or abolition.

(Application for Approval of Appointment and Dismissal of Officers)

Article 29. A designated consultant testing institution shall, when applying for an approval in accordance with the provisions of paragraph 1 of Article 75-4 of the Law which applies mutatis mutandis to Article 83-3, submit to the Minister of Health, Labour and Welfare an application form describing the following matters:

(1)  Name and brief personal history of the officer to be appointed or dismissed.

(2)  Reason for appointment or dismissal.

(Requirement of Consultant Examiner)

Article 30. The requirements provided by the Ministry of Health, Labour and Welfare Ordinance on the basis of paragraph 2 of Article 75-5 of the Law, which applies mutatis mutandis to Article 83-3, shall be one who falls under either one of the following:

(1)  A person working as a professor, associate professor of curricula designated by the Minister of Health, Labour and Welfare at a university accredited under the provisions of the School Education Law or a person who was formerly working as such.

(2)  Persons who have majored in and graduated from regular scientific courses in such universities or higher technical school as prescribed by the School Education Law and those who have been engaged in the business of the research designated by the Minister of Health, Labour and Welfare ten years or longer in the national government, local government, corporation established under the provision of Article 34 of the Civil Law and other research organization or its equivalent.

(3)  Persons who have knowledge and experience more than those described in proceeding item 2.

(Report of Appointment or Dismissal of Consultant Examiner)

Article 31.  A designated consultant testing institution shall, when having appointed a consultant examiner, submit to the Minister of Health, Labour and Welfare a notice describing the name, brief personal history, division (refer to as classification of examinations in Articles 1 and 10 under the Ordinance on Industrial Safety Consultants and Industrial Health Consultants, the Ministry of Labour Ordinance No. 3 of 1973) of industrial safety or health consultant examinations (hereinafter referred to as consultant examination) in charge, and reason for appointment of such license examiner so appointed within 15 days from the date of appointment.

2.  A designated consultant testing institution shall, when there has been a change in the name of consultant examiners, in the division of consultant examinations, or a dismissal of a consultant examiner, report to the Minister of Health, Labour and Welfare such fact within 15 days from the date when such fact has occurred.

(Application for an Approval of Consultant Test Business Rules)

Article 32. A designated consultant testing institution shall, when applying for an approval in accordance with the provisions of the former part of paragraph 1 of Article 75-6 of the Law, which applies mutatis mutandis to Article 83-3, apply in writing and submit the consultant test business rules for which such approval is applied.

(Items to Be Included in Consultant Test Business Rules)

Article 33. Items to be provided in the consultant test business rules based on the paragraph 2 of Article 75-6 of the Law, which applies mutatis mutandis to Article 83-3, shall be as follows:

(1)  Items concerning the method of enforcement of consultant examinations.

(2)  Items concerning the payment and collection of fees.

(3)  Items concerning the maintenance of confidential information which becomes known in relation to consultant test business.

(4)  Items concerning the custody of books and documents related to consultant test business.

(5)   Other items necessary to conduct consultant test business.

(Application for an Approval of Revised Consultant Test Business Rules)

Article 34. A designated consultant testing institution shall, when applying for an approval in accordance with the provisions of the latter part of paragraph 1 of Article 75-6 of the Law, which applies mutatis mutandis in Article 83-3, submit to the Minister of Health, Labour and Welfare an application form describing the following matters:

(1)  Items to be changed.

(2)  Date on which such change is planned.

(3)  Reason for such change.

(Report of the Consultant Examination Result)

Article 35. A designated consultant testing institution shall, when having conducted a consultant examination, submit without delay a document describing the date of such a consultant examination, number of examinees, and a list of examinees describing the name, date of birth and address of such examinees, and result of examination for each division of such a consultant examination, to the Ministry of Health, labour and Welfare.

(Application for an Approval of Suspension and Abolition of Consultant Test Business)

Article 36. A designated consultant testing institution shall, when applying for an approval in accordance with the provisions of Article 75-10 of the Law, which applies mutatis mutandis to Article 83-3, submit to the Minister of Health, Labour and Welfare an application form describing the following matters:

(1)  Scope of consultant test business to be suspended or abolished.

(2)  Date on which all or part of consultant test business is to be suspended or abolished.

(3)  When all or part of consultant test business is to be suspended, the period of such a suspension.

(4)  Reason for suspension or abolition of all or part of consultant test business.

(Taking over of Consultant Test Business, etc.)

Article 37. A designated consultant testing institution shall, in the case provided in paragraph 2 of Article 75-12 of the Law, which applies mutatis mutandis to Article 83-3, perform the following:

(1)  Hand over to the Minister of Health, Labour and Welfare the documents concerning such consultant test business.

(2)  Other matters which the Ministry of Health, Labour and Welfare considers necessary.

(Public Announcement)

Article 38.  The Minister of Health, Labour and Welfare shall, in the cases shown in the left column of the following table, make public announcement of the matters shown in the right column of such table on the official gazette: