Chapter V. Supervision
(Direction, Advice and Suspension of Business)
Article 28. In case a construction contractor comes under one of the following items or violates this Law or a Cabinet Order or Ministerial Ordinance based on this Law, the Minister of Construction or I refectural governors may give necessary direction to such contractor or advise him to take proper measures:
(1) In case intentional or unintentional rough execution of a construction work on the part of the construction contractor has caused injury to the public or there is a strong fear of causing such injury;
(2) In case the construction contractor has acted unfaithfully concerning contract;
(3) In case the construction contractor (officer of the contractor if he is a juridical person) or a person who represents the business office has been sentenced to a fine or heavier punishment on account of his violation of a law or ordinance in connection with his business, or he is deemed unsuitable to be a construction contractor, because he has violated some other law or ordinance pertaining to construction work;
(4) In case the construction contructor has violated the provisions of Article 22;
(5) In case the resident engineer prescribed by the provisions of Article 26, paragraph 2 is deemed to be remarkably unsuitable for managing the execution of the work and the changing of the person is deemed to be necessary for the public interest.
2 In case a construction contractor comes under one of the items of the preceding Article or he does not obey a direction based on the provisions of the preceding paragraph, the Minister of Construction or prefectural governor may, after obtaining an approval by the Central Contract Council or the Prefectural Construction Contract Council, order suspension of the whole or a part of his business for a fixed erliod less than six months.
3 In case the Minister of Construction or the prefectural governor gives a direction or advice to a construction contractor coming under paragraph 1 item 1, if he deems it specially necessary, he may also give advice to the orderer to take proper steps.
4 In case a construction contractor who has been registered by the prefectural governor does construction business at a place outside the prefecture without establishing a business office, the provisions of the preceding three paragraphs shall apply correspondingly to the prefectural governor having jurisdiction over the place.
5 The provisions of Article 17, paragraph 1 shall apply correspondingly to the case where a construction contractor has been ordered suspension of business in accordance with the provisions of paragraph 2 (including the case which correspondingly concerning the preceding paragraph).
(Cancellation of Registration)
Article 29. When a construction contractor who has been registered by the Minister of Construction or the prefectural governor has come under one of the following items, the Minister or governor shall, after obtaining an approval by the Central Construction Contract Council or the Prefectural Construction Council, cancel the registration of the said construction contractor:
(1) In case he no longer has an employee having qualifications provided in one of the items of Article 5.
(2) In case he has come under the provisions of Article 11, paragraph 1, item 1 and items 3 to 5 inclusive.
(3) In case he has not started business within one year after being registered or has closed business for more than one year continuously.
(4) In case he submits no report prescribed in Article 14.
(5) In case he has obtained by improper means his registration prescribed in Article 8 paragraph 1.
(6) In case he has come under the causes of suspension of business arid the case is specially serious, or in case he has offended against the punishment of suspension of business in accordance with the provisions of paragraph 2 of the same Article (including the case where it is applicable correspondingly in the preceding paragraph).
(Report of Irrogularities)
Article 30. In case a construction contractor comes under one of the items of Article 28 paragraph 1, an interested person may report the fact and appeal for proper measures to the Minister of Construction or the prefectural governor by whom the said contractor has been registered.
(Report and Inspection)
Article 31. When deems necessary, the Minister of Construction may demand any construction contractor, and the prefectural governor any such contractor as has been registered by him, to submit a necessary report concerning his business, property or the situation of the execution of work and also may cause his officials in charge enter the contractor's business office and other places concerned with the business and inspect books, papers and other things.
2 In case a construction contractor registered by the governor of a prefecture does construction business at a place outside the area of the said prefecture without establishing a business office;the provisions of the preceding paragraph shall apply correspondingly to the prefectural governor having jurisdiction over the said place.
3 In case an official in charge makes an inspection by entering the premises in accordance with the provisions of Article 1 (including the case where it is applicable corespondingly in the preceding paragraph), he shall carry an identity card denoting his status, and when requested by a person interested, shall show it is him.
4 Necessary items concerning the qualifications of an official in charge shall be fixed by Ministry of Construction Ordinance.
(Hearing)
Article 32. In case the Minister of Construction or the prefectural governor makes disposition prescribed in Art.11, Par.1 (including the case applicable corespondingly in Art.13, paragraph 2), Artice 15, paragraph 1, item 2 or Article 28, paragraph 1 (including the case where it is applicable corespondingly in item 4 of the same Article) he shall beforehand hold a hearing relative to the construction contractor in question, and, when necessary, ask opinions of witnesses. He may, however, make disposition without a hearing if the construction contractor in question does not respond to the summons for hearing without proper reason.