Article 38 of the Saudi Fertility Units Law

المادة 38 من نظام وحدات الإخصاب والأجنة وعلاج العقم · الباب الخامس: العقوبات

The article allows a final penalty decision to include publishing its operative part at the violator's expense in at most three local newspapers, at least one issued where the violator resides or in the nearest region.

Official text (Arabic)

This article has not been amended since the law was issued.

يجوز أن يتضمن قرار العقوبة النهائي نشر منطوق القرار على نفقة المخالف فيما لا يزيد على ثلاث صحف محلية تصدر إحداها على الأقل في مقر إقامته، فإن لم يكن هناك صحيفة في المنطقة ففي الصحيفة الصادرة في أقرب منطقة لها.

This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers

Article 38 explained in plain English

This article deals with publishing the penalty decision:

Nature of the rule: discretionary ("may include"), so publication is not mandatory in every decision.
What is published: the operative part of the penalty decision.
The decision concerned: the final penalty decision.
Cost: at the violator's expense.
Number of newspapers: no more than three local newspapers.
Where the newspapers are: at least one issued where the violator resides; if there is no newspaper in the violator's region, then in the newspaper issued in the nearest region to it.

Note that the text limits publication to a decision that is final, and caps the number of newspapers. The evident purpose of publication is to inform the public of the penalty, in addition to the principal penalty.

This article follows Article 37, which bars considering an application for a new license before three years have passed from the date the revocation decision was issued. It is followed by Article 39, which subjects units, in what the Law does not provide for, to the Law of Practicing the Profession of Human Medicine and Dentistry, the Private Health Institutions Law, the Law of Practicing the Profession of Pharmacy and other related regulations.

A person whose penalty decision includes publication may consult a lawyer who specializes in administrative cases (the Board of Grievances).

Practical example

A final penalty decision is issued against a fertility center in Hail and includes publishing its operative part at the center's expense. It is published in two local newspapers, one of them issued in the center's region, without exceeding the maximum of three newspapers.

Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.

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