Experts Public appointment and swearing-in
If you apply to the competent authority for the public appointment and swearing-in for the expert, you must demonstrate that you have the necessary prerequisites. It is assumed that above-average expertise in relation to the relevant subject area as well as personal aptitude is to carry out an expert activity in an independent, conscientious and comprehensible manner for the client. The authority may limit the content of your order (e.B. to a specialist field), time limits or conditional conditions (e.B. the requirement to participate in regular training courses). The public appointment and swearing-in of experts confirms the existence of a special professional qualification and personal aptitude as an expert in a defined field of expertise in business transactions. As publicly appointed and sworn experts, you are preferably consulted for the preparation of judicial opinions and must comply with appropriate expert orders, you must accept private expert orders within the limits of your capacity, are partially opened to you fields of activity that are closed to other experts (so-called "reservation tasks", e..B. safety-related inspection of installations in need of approval in accordance with the Federal Immission Protection Act ). The public order shall include the reimbursement of expert opinions and other expert activities such as consultation, monitoring, verification, issuing of certificates and arbitral and arbitral activities.
Application (informal or using a provided form) Presentation of the services you offer and the (delimitable) subject area If necessary, CV, in any case presentation of the professional career Proof of your special qualifications in the above-mentioned subject area (certificates, diplomas, seminar certificates, proof of employment, other documents, etc.) Where applicable, list of references, i.e. persons (with address) who may provide information on your specific knowledge several (usually three to five) expert reports prepared by you. They should deal with problems in the field they are seeking and identify solutions. The reports must be comprehensible and contain necessary documents such as drawings, sketches, plans and photos Where appropriate, evidence of training Declaration on the assumption of fees and costs where appropriate, in the case of employees or officials: declaration of exemption Application for a management certificate for submission to an authority in accordance with Section 30 (5) of the Federal Central Register Act If necessary, application for a central trade register extract for submission to an authority in accordance with Section 150 (5) of the Commercial Code If applicable, up-to-date certificate in tax matters (formerly tax safety certificate) of the competent tax office in the original Completed application certified copies of the Certificate of Education and other professional examination certificates Curriculum vitae with photo and presentation of your professional career current proof of professional inertial insurance Police certificate of leadership (not older than three months) Certificate of safety from the tax office at least three references (name and address) Proof of participation of at least two expert seminars on legal and procedural issues Exemption or ancillary employment certificates issued by applicants in non-self-employed contracts at least five in-house manufactured expert reports in 3-fold production Proof of payment of the application fee in accordance with the BBIK Fee Regulations
Written form required: no Online procedure possible: yes Personal appearance required: When conducting an examination date before a panel of experts: Yes
Your application for public appointment and swearing-in to the expert depends on the following conditions: There must be a general need for expert assistance in the field you have designated. What is irrelevant in this context is how many experts already exist in the field in question. On the contrary, it depends solely on whether the subject area is of general importance. In the case of a subject area for which experts have already been appointed in the past, the general need has already been accepted in the affirmative and must therefore be presupped. You must prove your special expertise in the subject area you have designated, i.e. They must have above-average knowledge, experience and skills in the relevant field. In addition to evidence in the form of documents to be provided to you (certificates, self-prepared opinions, references, etc.), participation in an examination before an independent expert panel made up of experts is also considered. Finally, you must have the necessary personal aptitude. Your personal suitability is to be assumed if you can offer the guarantee that your expert services will be provided impartially, independently, objectively and in a manner understandable to the client. There can also be no doubt about your personal reliability and integrity. This presupposes that you have so far behaved in accordance with the law and live in orderly economic conditions. The appointment requirements are set out in Section 3 of the Order of Experts of the Brandenburg Chamber of Engineers Section 3 Order Requirements An expert shall be appointed publicly on request if the following conditions are met. The subject areas and the order requirements for the individual subject area are determined by the Brandenburg Chamber of Engineers. 2. An expert may only be appointed to the public if: (a) he is authorised to hold the professional title of engineer in accordance with the Law on Engineering, unless Section 25 applies; (b) he has an establishment as an expert within the scope of the Basic Law; (c) he is 30 years of age and has not yet reached the age of 62 at the time of the submission of the full application; (d) there are no further concerns about his personal aptitude; (e) demonstrates adequate professional practice, expertise significantly above average (special expertise) and practical experience in the field of appointment sought, as well as the ability to provide expert opinions and the services referred to in Paragraph 2(2); (f) he has the facilities necessary to carry out his duties as a publicly appointed expert; (g) he lives in an orderly economic situation; (h) it guarantees impartiality and independence and compliance with the duties of a publicly appointed and sworn expert; (i) demonstrate that it has relevant knowledge of German law and the ability to provide an intelligible explanation of technical findings and assessments; (j) he speaks the German language in word and writing; (k) declare in writing the knowledge of the Rules of Experts and the willingness to undertake an examination and to assume the duties of a publicly appointed and sworn expert. 3. An expert who is in an employment or employment relationship may only be appointed to the public if he fulfils the conditions set out in paragraph 2 and additionally proves that: (a) his contract of employment does not preclude the requirements of paragraph 2(h) and that he may carry out his professional duties in person; (b) he is not subject to professional instructions in his professional work in individual cases and can identify his services as being drawn up by himself in accordance with Paragraph 12; (c) his employer shall be exempted to the extent necessary for the work of an expert. Section 3a Order requirements for applications under 36a GewO 1. The conditions laid down in Sections 36a (1) and (2) of the German Trade Code (GewO) shall apply to the recognition of qualifications of the applicant from another Member State of the European Union or to any other treaty of the Agreement on the European Economic Area. (2) In addition, Section 3 (2) and (3) is applicable.
Commercial order ung http://www.gesetze-im-internet.de/gewo/ Brandenburg Ing enieurgesetz https://bravors.brandenburg.de/gesetze/bbgingg
Further information can be found on the website of the Brandenburg Chamber of Engineers under www.bbik.de
Submit an application for public appointment and swearing-in to the expert, along with the necessary documents/evidence. As a rule, the competent body decides on your application on the basis of the evidence you have provided. Depending on your responsibilities, an examination date can also be arranged before an independent expert panel, during which your expertise will be queried and evaluated. The competent authority will decide on your application and inform you of your decision. Upon receipt of the application documents, the office checks them for formal completeness and forwards the documents to the BBIK Committee of Experts. The examination of the appointment requirements, as well as the personal suitability of the applicant and the fulfilment of the minimum requirements for the submitted opinion, shall be carried out by the BBIK Committee of Experts. The application documents and the opinions submitted will be examined and the applicant will be invited to a personal meeting with the Committee of Experts. If the assessment is positive, the application documents will be forwarded to a competent expert panel for the review of the Special Expertise. There, the examination of the expert opinions is checked for their technical accuracy and traceability. If the expert panel has a positive result, an oral expert discussion will take place. If the applicant is required to carry out the "special expertise" in the examinations, the ordering body shall be notified of a corresponding vote. In the event of a negative vote, the application procedure ends here. If the results of the review of "personal suitability", the "minimum requirements for expert opinions" and the "special expertise" are available, the Committee of Experts shall recommend to the BBIK Board of Directors that the public appointment and swearing-in be made. The public appointment and swearing-in is carried out by the President of the BBIK. In all other cases, the BBIK Committee of Experts shall either recommend the deferral or rejection of the application for public appointment and swearing-in as an expert. The applicant will receive a notification.