An indispensable element related to the performance of independent functions in the field of land surveying and cartography by persons holding professional qualifications is responsibility for performed works and land surveying or cartography studies. Persons exercising independent functions in the field of land surveying and cartography, if they perform their tasks in violation of legal provisions, without due diligence, and not in compliance with the principles of contemporary technical knowledge, render themselves liable to disciplinary actions.

Disciplinary measures are as follows:

notice,

reprimand,

suspension of the possibility to exercise professional qualifications for a period of 6 months to 1 year;

revocation of professional qualifications.

Disciplinary proceedings may be commenced independently from other kinds of liability for the same act. However, disciplinary proceedings cannot be commenced if three years have passed since the act was committed. An exception here is a situation bearing the attributes of a crime. In such a situation, disciplinary liability remains in force for the period specified in the provisions of the Act of 6 June 1997 - Penal Code (Official Journal of 1997 r. no 88, item 553 as amended). The course of the three-year limitation period mentioned above is stopped by the investigation proceedings commenced by the disciplinary ombudsman. Punishability for disciplinary acts ceases a period of five years from the time of its performance.

The disciplinary ombudsman is designated and revoked by the voivode, upon request of the voivodeship inspection of land surveying and cartography supervision. The scope of tasks of the disciplinary ombudsman covers, in particular: performance of the investigation, submission of an application for punishment, and participation in the disciplinary proceedings as a party. The disciplinary ombudsman commences the investigation upon request of the voivodeship inspector of land surveying and cartography supervision or the Surveyor General of Poland. The disciplinary ombudsman informs the interested person performing independent functions in the field of land surveying and cartography about commencement of the investigation. If the collected evidence does not provide any basis to prepare an application for disciplinary measures, the disciplinary ombudsman issues a decision on closing the investigation, and informs interested parties performing independent functions in the field of land surveying and cartography about that fact, whereas a request for disciplinary measures submitted by the disciplinary ombudsman commences disciplinary proceedings.

Disciplinary cases are first adjudicated by the voivodeship disciplinary commission, and then by the Disciplinary Board of Appeals operating at the Surveyor General of Poland. The voivodeship disciplinary commission, within the area of which the act justifying disciplinary liability was committed, is competent to consider the case. The voivodes, through an agreement, may create a joint disciplinary commission competent for two or more voivodeships.

The parties in the conducted disciplinary proceedings are the defendant and the disciplinary ombudsman. The parties have a right to appeal from the decision of the voivodeship disciplinary commission, where they can sue the whole decision or its certain part.

The parties may appeal the decision of the Disciplinary Board of Appeal to the Court of Appeals - Court of Labour and Social Insurance, competent for the place of residence of the defendant.

The central register of persons holding professional qualifications includes details of those granted professional qualifications, as well as information about disciplinary measures with the date of issuance and reference of the decision, as well as the kind of the imposed disciplinary measures. Imposed disciplinary measures, besides the penalty of revoking professional qualifications, is deemed null and void, and its record is removed from the central register of persons holding professional qualifications after 2 years from validation of the decision. The disciplinary measurement of revoking the professional qualifications is deemed null and void after 5 years from validation of the decision. Persons whose professional qualifications have been revoked may reapply for their qualifications after a period of 3 years from the revocation. Details of persons, on whom the penalty of suspension of the possibility to exercise their professional qualifications for the period of 6 months to 1 year has been imposed, within the period of its duration, are not subject to publication in the Bulletin of Public Information on the website of the Head Office of Land Surveying and Cartography.   

Legal basis

The Act of 17 May 1989 - Land Surveying and Cartography Law (Official Journal of 2015 r. item 520).

The Act of 6 June 1997 - Penal Code (Official Journal of 1997 r. no 88, item 553 as amended);

The Act of 6 June 1997 - Code of Penal Conduct (Official Journal No. 89, item 555, as amended);

The Act of 17 November 1964 - Code of Civil Conduct (Official Journal of 2014 r. no 88, item 101 as amended);Disposition No. 20 of the Surveyor General of Poland of 28 November 2014, on the personal composition of the Disciplinary Board of Appeal of the first term.