Official Gazette-Issue 41- Addendum - 23/7/2002
Article 38: Enforcement and Inspection Procedures
1) The TRA shall establish control and inspection regulations, subject to the
approval of the Minister, consistent with the provisions of the laws and
regulations in force. The TRA shall organize periodic work programs for
enforcement and inspection personnel and issue orders for conducting surprise
control and inspection operations either at its own initiative or on the basis of
received information.
2) Controllers and inspectors may enter all public and private properties where
necessary in the execution of their official duties, in order to inspect or collect
information related to existing or planned facilities or installations, review
records and documents and extract copies thereof, and request presentation of
any useful document or information Provisions of the Penal Procedure Code
and the judicial police force procedures will govern cases of forced entry and
issuance of infringement reports whenever there is sufficient evidence
indicating an infringement.
3) All information that the inspectors and controllers become aware of in the
course of their duties shall be treated as confidential and may only be disclosed
to their direct superiors or upon the request of the competent judicial
authorities. These rules of confidentiality shall apply to all persons who are
privy to such information by virtue of their work at the TRA or the Ministry.
4) Any Person who provides controllers or inspectors with false records,
documents or verbal information shall be liable to prosecution for forgery and
false testimony.
Article 39: Notification and Amicable Settlements
After verifying that an infringement has occurred, the TRA shall, before imposing
an appropriate penalty, notify the infringing party that it must cease the
infringement within 30 days in accordance with instructions issued by the TRA
pursuant to the present Law and the relevant License conditions.
The TRA may convene a meeting of all the parties involved in order to reach an
amicable settlement leading to the cessation of the infringement, compliance with
the License conditions and provisions of the present Law, and compensation of the
TRA and the parties affected.
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