Title
Regulation on Registration Without Exam Period
Law
Prc No. 96-400
Decision Date
Jan 30, 1996
Regulatory Boards are prohibited from accepting applications for professional registration without examination if the statutory period for such registration has expired or if the law does not specify a period, emphasizing that qualifications must be met prior to the law's enactment.
A

Q&A (PRC Resolution NO. 96-400)

The resolution enjoins regulatory boards from accepting or considering applications for registration as professionals without examination if the statutory period for availing such privilege has expired or if the law granting the privilege does not provide a specific period.

No, the period is a statutory period fixed by the legislature and cannot be extended except by the legislature itself.

No, extensions made by Regulatory Boards or through PRC resolutions are invalid if they exceed the period fixed by law.

No, publication does not validate an act that was invalid from the beginning.

They should work for an amendment of the law by the legislature to extend the period for availing the privilege.

The privilege should only be granted to those who possessed the qualifications on or before the enactment of the law, and not to those who acquired qualifications afterward.

Allowing qualifications acquired after enactment to qualify would defeat the purpose of licensure examinations and render them useless.

No, the privilege is not interminable, and registration should be availed within a reasonable period which generally should not exceed three years from the law's enactment unless legally justified.

It depends on the circumstances but generally more than three years is considered unreasonable without legal justification.

They are directed not to accept or consider such applications or petitions as it violates the PRC resolution.


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