1. In these Rules, the following words have the following meanings:
1.1 “Complaint” means a complaint or information that a PMC:
(i) has been convicted of a criminal offence, implying a defect of character which makes him unfit for his profession of management consultancy;
(ii) has breached the Code of Professional Conduct;
(iii) has been barred, struck off, suspended or censured after due process by a professional institution that he belongs to in Singapore;
(iv) has been barred, struck off, suspended or censured in his capacity as a management consultant by whatever name called in any other country; and
(v) has made a false or misleading declaration in connection with his application to the Practicing Management Consultant Certification Board.
1.2 “Complainant” means any person making a Complaint.
1.3 “Disciplinary Panel” means the Disciplinary Panel established by the Board.
1.4 “Due Cause” means any of the circumstances listed in Rule 1.1(i) to (v).
1.5 ”Penalty“ means any penalty under Rule 10.
1.6 “PMC” means a management consultant who has been certified by the Board.
1.7 “Secretariat” means the Secretariat of the Board.
1.8 “Board” means the Practicing Management Consultant-Certification Board.
2. Complaints and/or information concerning conduct of PMC
2.1 Any Complaint concerning a PMC shall be made in writing and addressed to the Board.
2.2 The Board shall refer Complaints received to the Disciplinary Panel to inquire into the Complaint.
2.3 The Board may also on its own motion refer any Complaint concerning a PMC to the Disciplinary Panel.
2.4 Where any Complaint concerning a PMC is referred by the Board to the Disciplinary Panel, the Secretariat shall inform the PMC concerned as soon as practicable.
3. Supporting statements; Deposit
3.1 Any Complaint shall be supported by such statutory declarations or affidavits as the Disciplinary Panel may require.
3.2 The Disciplinary Panel may require any Complainant to deposit with the Board a reasonable sum not exceeding S$300 to cover necessary costs and expenses incurred by the Board, the Secretariat and/or the Disciplinary Panel for the purpose of or in connection with the Complaint.
3.3 Where the Complaint is found to be frivolous, vexatious, misconceived or lacking in substance, the sum so deposited or such part thereof as the Disciplinary Panel may determine shall be applied for the payment of those costs and expenses; otherwise the sum so deposited shall be returned to the Complainant.
4. Inquiry Committee, Timing
(a) Subject to Rule 4(b) and (c), the Disciplinary Panel shall, within 2 weeks of the Complaint being referred to it (“Referral”) appoint at least three members of the Disciplinary Panel (“Inquiry Committee”) to inquire into the Complaint concerning a PMC.
(b) The Inquiry Committee shall complete its report of findings:
(i) where the Inquiry Committee has decided not to call upon the PMC concerned to offer any explanation or to answer the allegations made against him, not later than 2 months after the date of its appointment; and
(ii) in any other case, not later than 2 weeks after the last meeting of the Inquiry Committee or 3 months after the date of its appointment, whichever is earlier.
(c) Where the Inquiry Committee is of the opinion that it will not be able to complete its report within the period specified in rule 4(b) due to the complexity of the matter or serious difficulties encountered by the Inquiry Committee in conducting its inquiry, the Inquiry Committee may before the expiry of 2 months after the date of its appointment, apply in writing to the Chairman of the Board for an extension of the time within which to complete its report.
(d) The Chairman of the Board may grant an extension of time to the Inquiry Committee to complete its report if the Chairman is satisfied that the circumstances of the case justify the grant of an extension of time, except that any extension of time granted shall not extend beyond the period of 6 months from the date of the Referral.
5. Inquiry Committee meetings
5.1 The Inquiry Committee may meet for the purposes of its inquiry, adjourn and otherwise regulate the conduct of its inquiry as its members may think fit.
5.2 The chairman of the Inquiry Committee may at any time summon a meeting of the Inquiry Committee.
5.3 At least three members of the Inquiry Committee shall be present to constitute a quorum for a meeting of the Inquiry Committee.
5.4 Any questions arising at any meeting of the Inquiry Committee shall be determined by a majority of votes of the members of the Inquiry Committee. In the case of an equality of votes, the chairman of the Inquiry Committee shall have a second or casting vote.
5.5 Any resolution or decision in writing signed by all the members of the Inquiry Committee shall be as valid and effectual as if it had been made at a meeting of the Inquiry Committee at which all its members were present.
6. Inquiry Committee’s Powers
6.1 Where in the course of its inquiry, the Inquiry Committee receives information touching on or evidence of the conduct of the PMC concerned which may give rise to proceedings under these Rules, the Inquiry Committee may, after giving notice to the PMC, decide on its own motion to inquire into the matter and report its findings.
6.2 For the purposes of conducting an inquiry, the Inquiry Committee may:
(a) appoint any person to make or assist in the making of whatever preliminary inquiries it thinks necessary;
(b) require the production for inspection by the Inquiry Committee or any person appointed by the Inquiry Committee of any books, documents or papers which may relate to or be connected with the subject-matter of the inquiry and may require any person to give information in relation to such books, documents or papers; and
(c) require the PMC concerned to give all information in relation to any such books, documents or papers which may be reasonably required by the Inquiry Committee or by the person so appointed.
7. No grounds
7.1 Where the Inquiry Committee is satisfied that there are no grounds for disciplinary action under these Rules, it shall set out the reasons for its decision in its report.
8. Explanations; Clarifications
8.1 Where the Inquiry Committee is of the opinion that a PMC should be called upon to answer any allegation made against him, the Inquiry Committee shall:
(a) post or deliver to the PMC concerned
(i) copies of the Complaint (including any statutory declarations or affidavits that have been made in support of the Complaint); and
(ii) a notice inviting him to give to the Inquiry Committee, within such period (not being less than 14 days) as may be specified in the notice, any written explanation he may wish to offer and to inform the Inquiry Committee if he wishes to be heard by the Inquiry Committee;
(b) allow the time specified in the notice to elapse;
(c) give the PMC concerned reasonable opportunity to be heard and give due consideration to any explanation (if any) given by him; and
(d) give the Complainant reasonable opportunity to clarify the Complaint if the Complainant so desires
9.1 At the conclusion of the inquiry, the Inquiry Committee shall decide:
(a) whether the PMC is guilty of Due Cause, and if so, shall determine the Penalty; or
(b) that the Complaint be dismissed and shall set out its reasons.
9.2 The Inquiry Committee shall submit its report of its findings to the Board as soon as practicable.
10.1 A PMC shall be liable, on a finding of Due Cause, to any one or more of the following Penalties:
(a) payment of penalty of not more than S$10,000;
(b) written warning in respect of the subject matter of the Complaint;
(c) the PMC’s certification by the Board shall be suspended and the PMC shall not be entitled to hold out that he is certified by the Board, for a period of up to one (1) year from such determination;
(d) the PMC’s certification by the Board shall be cancelled and the PMC shall not be entitled to re-apply for certification by the Board for a specified period.10.2 The Board shall inform the PMC and the Complainant of the outcome of the inquiry of the Complaint within two weeks of receiving the Inquiry Committee’s report.
11.1 Where the PMC is dissatisfied with the outcome of a Complaint against him, the PMC may, within 14 days of being notified of the decision (“Appeal Period”), appeal to the Board.
11.2 The Board may give directions as to the procedure and conduct of the appeal and may make a decision on the appeal which decision shall be binding on the PMC.
11.3 For the purpose of these Rules, where any member of the Inquiry Committee is a Board member, that person may speak but shall not vote on any resolution of the Board concerning inquiry or appeal relating to the Complaint.
11.4 The Board may inform ESG and other agencies approved by the Board and specified in these Rules from time to time of any adverse outcome of a Complaint against a PMC at any time after:
(a) the expiry of the Appeal Period if no appeal is submitted; or
(b) a decision on appeal has been notified to the PMC, whichever is later.