Idaho Administrative Code › Title IDAPA 24 - Occupational and Professional Licenses, Division of › Rule 24.32.01 - RULES OF THE IDAHO BOARD OF LICENSURE OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter B - RULES OF PROFESSIONAL RESPONSIBILITY › Section 24.32.01.100 - RESPONSIBILITY TO THE PUBLIC

Current through August 31, 2023
01.
Primary
				Obligation
. All Licensees and Certificate Holders must at all times
				recognize their primary obligation is to protect the safety, health and welfare
				of the public in the performance of their professional duties.
				(3-28-23)
02.
Standard of
				Care
. Each Licensee and Certificate Holder must exercise such care,
				skill and diligence as others in that profession ordinarily exercise under like
				circumstances. (3-28-23)
03.
Professional Judgment
. If any Licensee's or Certificate Holder's
				professional judgment is overruled under circumstances where the safety, health
				and welfare of the public are endangered, the Licensee or Certificate Holder
				must inform the employer or client of the possible consequences and, where
				appropriate, notify the Board or such other authority of the situation.
				(3-28-23)
04.
Obligation to
				Communicate Discovery of Discrepancy
. Except as provided in the Idaho
				Rules of Civil Procedure 26(b)(4)(B), if a Licensee or Certificate Holder,
				during the course of his work, discovers a material discrepancy, error, or
				omission in the work of another Licensee or Certificate Holder, which may
				impact the health, property and welfare of the public, the discoverer must make
				a reasonable effort to inform the Licensee or Certificate Holder whose work is
				believed to contain the discrepancy, error or omission. Such communication must
				reference specific codes, standards or physical laws which are believed to be
				violated and identification of documents which are believed to contain the
				discrepancies. The Licensee or Certificate Holder whose work is believed to
				contain the discrepancy must respond within twenty (20) calendar days to any
				question about his work raised by another Licensee or Certificate Holder. In
				the event a response is not received within twenty (20) days, the discoverer
				must notify the License or Certificate Holder in writing, who has another
				twenty (20) days to respond. Failure to respond (with supportable evidence) on
				the part of the Licensee or Certificate Holder whose work is believed to
				contain the discrepancy is considered a violation of these rules and may
				subject the Licensee or Certificate Holder to disciplinary action by the Board.
				The discoverer must notify the Board in the event a response that does not
				answer the concerns of the discoverer is not obtained within the second twenty
				(20) days. A Licensee or Certificate Holder is exempt from this requirement if
				their client is an attorney and they are being treated as an expert witness. In
				this case, the Idaho Rules of Civil Procedure apply. (3-28-23)
05.
Obligation to Comply with Rules of
				Continuing Professional Development
. All Licensees must comply with the
				continuing professional development requirements contained in these rules.
				(3-28-23)
06.
Obligation to
				Affected Landowners
. Land surveyors have a duty to set monuments at the
				corners of their client's property boundaries in compliance with 54-1227, Idaho
				Code. Per Subsection 100.04
				above, land surveyors also have a duty to notify other licensees of a material
				discrepancy prior to setting monuments that represent a material discrepancy
				with a prior survey. If a monument is to be set at a location that represents a
				material discrepancy with an existing monument at any corner of record, land
				surveyors must also notify in writing all affected adjoining land owners and
				the Board prior to setting the new monument. (3-28-23)