Article 75-3. (Criteria for Designation)
• (1) The Minister of Health, Labor and Welfare shall not make any designation unless there is no one else designated and the Minister of Health, Labor and Welfare finds that an application referred to in paragraph (2) of the preceding Article conforms to each of the following items:
o (i) The plan of the implementation of the examination affairs formulated by the applying institution in respect to the staff, facilities, the method of implementation of the examination affairs and other matters is suited for proper and reliable implementation of the examination affairs .
o (ii) The applying institution has a financial and technical footing, which is secure enough for proper and reliable implementation of the plan of implementation of the examination affairs referred to in the preceding item.
• (2) The Minister of Health, Labor and Welfare shall not make any designation if the application referred to in paragraph (2) of the preceding Article falls under any of the following items:
o (i) The applying institution is not a juridical person established in accordance with the provisions of Article 34 of the Civil Code (Act No. 89 of 1896).
o (ii) Fair and proper implementation of the examination affairs is liable to be disturbed by any other business undertaken by the applying institution.
o (iii) The applying institution is a person who, having violated the provisions of this Act or ordinances thereunder, was sentenced to a penalty and for whom two years have not elapsed since the date when the execution of the sentence was completed or the date when the individual ceased to be amenable to the execution of the sentence.
o (iv) The applying institution is a person whose designation was revoked pursuant to the provisions of paragraph (1) of Article 75-11 and for whom two years have not elapsed since the date of revocation.
o (v) Any of the executive officials of the applying institution falls under item (iii).
o (vi) Any of the executive officials of the applying institution was dismissed under an order issued pursuant to the provisions of paragraph (2) of the following Article, and two years have not elapsed since the date of such dismissal.
Article 75-4. (Appointment and Dismissal of the Executive Officials)
• (1) The appointment and dismissal of the executive officials of the designated examination institution who are engaged in the examination affairs shall not be valid unless the approval of the Minister of Health, Labor and Welfare has been obtained.
• (2) In case any of the executive officials of the designated examination institution has violated this Act (including the ordinances issued or dispositions taken thereunder), or the examination affair rules provided for in paragraph (1) of Article 75-6, or has committed a very improper act in connection with the examination affairs , the Minister of Health, Labor and Welfare may order the said designated examination institution to dismiss the said official.
Article 75-5. (License Examiner)
• (1) In the implementation of its examination affairs , the designated examination institution shall entrust a license examiner to the affairs of giving a decision as to whether the applicant has knowledge and capability necessary for a license holder.
• (2) A license examiner shall be appointed, by the designated examination institution, from among those satisfying the conditions stipulated by the Ordinance of the Ministry of Health, Labor and Welfare.
• (3) When the designated examination institution has appointed a license examiner, it shall notify the appointment to the Minister of Health, Labor and Welfare, as provided for by the Ordinance of the Ministry of Health, Labor and Welfare. The same shall apply when the license examiner has been replaced.
• (4) In a case in which a license examiner violates this Act (including the ordinances issued or dospositions taken thereunder) or the examination affair rules provided for in paragraph (1) of the following Article, or commits a very improper act in connection with the examination affairs , the Minister of Health, Labor and Welfare may order the said designated examination institution to dismiss the said license examiner.