Article 16-15Rescission of designation
第十六条の十五(指定の取消し等)
If a Designated Examination Body comes to fall under any of the items listed in Article 16-3, paragraph (2), (excluding item (iii)), the Minister of Land, Infrastructure, Transport and Tourism must rescind the designation of said Designated Examination Body.
If a Designated Examination Body falls under any of the following items, the Minister of Land, Infrastructure, Transport and Tourism may rescind the designation of said Designated Examination Body or order said Designated Examination Body to suspend Examination Processes in whole or in part for a prescribed period:
when it is deemed that the Designated Examination Body no longer conforms to an item listed in Article 16-3, paragraph (1);
第十六条の三第一項各号の一に適合しなくなつたと認められるとき。
when the Designated Examination Body contravenes a provision of Article 16-7, paragraph (1); Article 16-10, paragraph (1) or (3); Article 16-11; or paragraph (1) of the preceding article;
when the Designated Examination Body contravenes an order under Article 16-6 paragraph (2) (including cases where applied mutatis mutandis pursuant to Article 16-7, paragraph (3)); Article 16-9, paragraph (3); or Article 16-12, paragraph (1);
第十六条の六第二項(第十六条の七第三項において準用する場合を含む。)、第十六条の九第三項又は第十六条の十二第一項の規定による命令に違反したとき。
when the Designated Examination Body conducts Examination Processes without complying with regulations governing Examination Processes as approved pursuant to the provisions of Article 16-9, paragraph (1);
when the Designated Examination Body obtains a designation under Article 16-2, paragraph (1), by unlawful means;
不正な手段により第十六条の二第一項の規定による指定を受けたとき。
In holding a hearing pertaining to a disposition under either of the preceding two paragraphs, the Minister of Land, Infrastructure, Transport and Tourism must provide a notification under Article 15, paragraph (1) of the Administrative Procedure Act (Act No. 88 of 1993) and issue a public notice of the date and location of the hearing by no later than one week prior to the date thereof.
国土交通大臣は、前二項の規定による処分に係る聴聞を行うに当たつては、その期日の一週間前までに、行政手続法(平成五年法律第八十八号)第十五条第一項の規定による通知をし、かつ、聴聞の期日及び場所を公示しなければならない。
If a notification as provided for in the preceding paragraph is to be made according to a method as prescribed in Article 15, paragraph (3) of the Administrative Procedure Act, the reasonable period of time to be provided prior to the date of the hearing pursuant to the provisions of paragraph (1) of the same article must not be less than two weeks in length.
前項の通知を行政手続法第十五条第三項に規定する方法によつて行う場合においては、同条第一項の規定により聴聞の期日までにおくべき相当な期間は、二週間を下回つてはならない。
Proceedings on the date of the hearing as provided for in paragraph (3) must be open to the public.
第三項の聴聞の期日における審理は、公開により行わなければならない。
If the Minister of Land, Infrastructure, Transport and Tourism carries out a disposition under paragraph (1) or (2), said minister must notify the fact thereof to the relevant Delegating Prefectural Governor and issue a public notice of the fact thereof.
Article 16-16Notification of the revocation of delegation
第十六条の十六(委任の撤回の通知等)
If a Delegating Prefectural Governor determines that a Designated Examination Body will no longer conduct Examination Processes, said governor must provide notification of the fact thereof to the Designated Examination Body by no later than three months prior thereto.
If a Delegating Prefectural Governor determines that a Designated Examination Body has chosen to no longer conduct Examination Processes, said governor must issue a public notice of the fact thereof.
Article 16-17Conducting of Examinations by a Delegating Prefectural Governor
第十六条の十七(委任都道府県知事による試験の実施)
If a Designated Examination Body suspends Examination Processes in whole or in part pursuant to the provisions of Article 16-14, paragraph (1); if the Minister of Land, Infrastructure, Transport and Tourism issues an order to a Designated Examination Body to suspend Examination Processes in whole or in part pursuant to the provisions of Article 16-15, paragraph (2); or if it has become difficult for a Designated Examination Body to conduct Examination Processes in whole or in part due to a natural disaster or for other reasons; the Delegating Prefectural Governor is to conduct said Examination Processes in whole or in part notwithstanding the provisions of Article 16-2, paragraph (3).
委任都道府県知事は、指定試験機関が第十六条の十四第一項の規定により試験事務の全部若しくは一部を休止したとき、国土交通大臣が第十六条の十五第二項の規定により指定試験機関に対し試験事務の全部若しくは一部の停止を命じたとき、又は指定試験機関が天災その他の事由により試験事務の全部若しくは一部を実施することが困難となつた場合において国土交通大臣が必要があると認めるときは、第十六条の二第三項の規定にかかわらず、当該試験事務の全部又は一部を行うものとする。
If a Delegating Prefectural Governor is to conduct Examination Processes pursuant to the provisions of the preceding paragraph or if the reason for the conducting of Examination Processes by the Delegating Prefectural Governor pursuant to the provisions of the same paragraph no longer applies, the Minister of Land, Infrastructure, Transport and Tourism must promptly provide notification of the fact thereof to said Delegating Prefectural Governor.
If a Delegating Prefectural Governor receives a notification under the preceding paragraph, said governor must issue a public notice of the fact thereof.
第十六条の十八(試験事務の引継ぎ等に関する国土交通省令への委任)
The succession of Examination Processes and other required matters applicable in the event that a Delegating Prefectural Governor is to conduct Examination Processes pursuant to the provisions of paragraph (1) of the preceding article, in the event that the Minister of Land, Infrastructure, Transport and Tourism grants permission to discontinue Examination Processes pursuant to the provisions of Article 16-14, paragraph (1), or rescinds a designation pursuant to the provisions of Article 16-15, paragraph (1) or (2), or in the event that a Delegating Prefectural Governor determines that said governor will not have Examination Processes conducted by a Designated Examination Body is to be as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
前条第一項の規定により委任都道府県知事が試験事務を行うこととなつた場合、国土交通大臣が第十六条の十四第一項の規定により試験事務の廃止を許可し、若しくは第十六条の十五第一項若しくは第二項の規定により指定を取り消した場合又は委任都道府県知事が指定試験機関に試験事務を行わせないこととした場合における試験事務の引継ぎその他の必要な事項は、国土交通省令で定める。
第十六条の十九(受験手数料)
If a fee pertaining to Examinations is to be collected pursuant to the provisions of Article 227 of the Local Autonomy Act (Act No. 67 of 1947), a prefecture may, as specified by an Ordinance, have a person intending to take an Examination administered by a Designated Examination Body pursuant to the provisions of Article 16-2 pay said fee to said Designated Examination Body and treat said fee as revenue accruing thereto.
A prefectural governor may rescind the decision that such a person has passed who has taken or attempted to take an Examination by unlawful means or ban said person from taking said Examination.
都道府県知事は、不正の手段によつて試験を受け、又は受けようとした者に対しては、合格の決定を取り消し、又はその試験を受けることを禁止することができる。
A Designated Examination Body may exercise the authority of a Delegating Prefectural Governor as prescribed in the preceding paragraph.
A prefectural governor may, when circumstances warrant, identify a person subject to disposition under the preceding two paragraphs as someone who may not take an Examination for a prescribed period of time not exceeding three years.
第十七条の二(指定試験機関がした処分等に係る審査請求)
A request for review may be made to the Minister of Land, Infrastructure, Transport and Tourism against a disposition pertaining to Examination Processes carried out by a Designated Examination Body or its omission to act. In this case, the Minister of Land, Infrastructure, Transport and Tourism is deemed to be the higher administrative agency of the Designated Examination Body with regard to the application of the provisions of Article 25, paragraphs (2) and (3), Article 46, paragraphs (1) and (2), Article 47, and Article 49, paragraph (3) of the Administrative Complaint Review Act (Act No. 68 of 2014).
Article 17-3Registering a Registered Training Agency
第十七条の三(登録講習機関の登録)
Registration as provided for in Article 16, paragraph (3), is carried out by way of the application of a person intending to engage in operations relating to the administration of Registered Training (hereinafter referred to as "Training Course Operations").
第十七条の四(欠格条項)
A person falling under any of the following items may not obtain a registration as provided for in Article 16, paragraph (3):
次の各号のいずれかに該当する者は、第十六条第三項の登録を受けることができない。
a person who has been sentenced to a fine or a heavier the punishment as a result of having contravened this Act or any order under this Act and for whom two years have not yet passed since the day on which the person finished serving the sentence or to be subject to its enforcement;
この法律又はこの法律に基づく命令に違反し、罰金以上の刑に処せられ、その執行を終わり、又は執行を受けることがなくなつた日から二年を経過しない者
a person whose registration as provided for in Article 16, paragraph (3), was rescinded pursuant to the provisions of Article 17-14 and for whom two years have not yet passed from the date of said rescission;
a corporation with an officer that has one of the following persons engaged in Training Course Operations who falls under either of the preceding two items.
Article 17-5Registration criteria
第十七条の五(登録基準等)
If Registered Training to be administered by a person who has applied for registration pursuant to the provisions of Article 17-3 is to be administered by an instructor as listed in the right column of the Appended Table corresponding to a course as listed in the left column thereof, the Minister of Land, Infrastructure, Transport and Tourism must carry out said registration. In such a case, procedures required concerning a registration is to be as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
A registration is to be carried out by stating the matters as listed below in a registry of Registered Training Agencies:
登録は、登録講習機関登録簿に次に掲げる事項を記載してするものとする。
date of registration and registration number;
登録年月日及び登録番号
name and address of the Registered Training Agency and, in the case of a corporation, the name of the representative thereof;
登録講習機関の氏名又は名称及び住所並びに法人にあつては、その代表者の氏名
location of the business office where the Registered Training Agency will carry out Training Course Operations;
in addition to what are listed in the three preceding items, matters as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
前三号に掲げるもののほか、国土交通省令で定める事項
Article 17-6Renewal of registration
第十七条の六(登録の更新)
A registration as provided for in Article 16, paragraph (3), will cease to be effective upon the expiration of a period of not less than three years as specified by Cabinet Order unless renewed each time at said frequency.
第十六条第三項の登録は、三年を下らない政令で定める期間ごとにその更新を受けなければ、その期間の経過によつて、その効力を失う。
The provisions of the preceding three articles apply mutatis mutandis to the renewal of a registration as provided for in the preceding paragraph.
A Registered Training Agency must carry out Training Course Operations fairly, and by a method that conforms to standards as prescribed in the provisions of Article 17-5, paragraph (1), and as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism.
Article 17-8Notification of changes to registration matters
第十七条の八(登録事項の変更の届出)
If a Registered Training Agency intends to change a particular as listed in any of items (ii) through (iv) in Article 17-5, paragraph (2), said change must be notified of the fact thereof to the Minister of Land, Infrastructure, Transport and Tourism by no later than two weeks prior to the date on which said change is intended to be made.
登録講習機関は、第十七条の五第二項第二号から第四号までに掲げる事項を変更しようとするときは、変更しようとする日の二週間前までに、その旨を国土交通大臣に届け出なければならない。
A Registered Training Agency must prescribe regulations governing Training Course Operations (hereinafter referred to as "Regulations Governing Training Course Operations") and provide a notification thereof to the Minister of Land, Infrastructure, Transport and Tourism prior to the commencement of Training Course Operations. The same applies when a Registered Training Agency intends to revise said regulations.
The method by which Registered Training will be administered, fees relating to Registered Training, and other matters as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism must be as specified in the Regulations Governing Training Course Operations.
Article 17-10Suspension or abolition of operations
第十七条の十(業務の休廃止)
If a Registered Training Agency intends to suspend or discontinue Training Course Operations in whole or in part, it must, as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, provide a notification of the fact thereof in advance to the Minister of Land, Infrastructure, Transport and Tourism.
Article 17-11Maintaining and inspection financial statements
第十七条の十一(財務諸表等の備付け及び閲覧等)
A Registered Training Agency must prepare, within three months after the end of each business year, an inventory of property, balance sheet, income statement, statement of receipts and disbursements, and business report for said business year ( this includes electronic or magnetic records (meaning records used in computer data processing, which are created in electronic form, magnetic form, or any other form that cannot be perceived by the human senses; hereinafter the same applies in this Article)if electronic records are prepared in lieu of such written documents; referred to hereinafter in the next paragraph and Article 85-2 as "Financial Statements") and keep said documents at a business office of the Registered Training Agency for a period of five years.
A person intending to undergo Registered Training or another interested person may make any of the following requests at any time during the operating hours of a Registered Training Agency. Provided, however, that prescribed fees of the Registered Training Agency must be paid when making a request as provided for in item (ii) or (iv).
when Financial Statements have been prepared in written form, a request for inspection or copy said documents;
財務諸表等が書面をもつて作成されているときは、当該書面の閲覧又は謄写の請求
a request for a transcript or extract of documents as provided for in the preceding item;
前号の書面の謄本又は抄本の請求
when Financial Statements have been prepared in the form of electronic or magnetic records, a request for inspection or copying the output of matters recorded in said electronic or magnetic records as displayed by way of a method as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism;
a request for the provision of particulars recorded as an electronic or magnetic record under the preceding item by way of electronic or magnetic means as specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism or a request for the issuance of documents containing said matters.
第十七条の十二(適合命令)
If the Minister of Land, Infrastructure, Transport and Tourism deems that a Registered Training Agency no longer conforms to the provisions of Article 17-5, paragraph (1), said minister may order said Registered Training Agency to take measures required to ensure conformity with the provisions of the same paragraph.
Article 17-13Amelioration order
第十七条の十三(改善命令)
If the Minister of Land, Infrastructure, Transport and Tourism deems that a Registered Training Agency has contravened the provisions of Article 17-7, said minister may order said Registered Training Agency to carry out Training Course Operations under Article 17-7 or take measures required for the amelioration of the method by which Registered Training is carried out or any other operational method.