Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 203 - Interior Designer Advisory Committee to the Mississippi State Board of Architecture › Chapter 5 - Professional Code of Conduct › Rule 30-203-5.2 - Conflict of Interest

Current through June 25, 2024
A. A Certified
				Interior Designer shall not accept compensation for certified interior design
				services from more than one party on a project unless the circumstances are
				fully disclosed to and agreed to by all interested parties, such disclosure and
				agreement to be in writing.
Commentary - This rule recognizes that in some
				  circumstances a Certified Interior Designer may receive compensation from more
				  than one party involved in a project but that such bifurcated loyalty is
				  unacceptable unless all parties have understood it and accepted
				  it.
B. A Certified
				Interior Designer shall not knowingly solicit or enter into a contract for
				certified interior design services for any work which another Certified
				Interior Designer has been exclusively contracted to perform and with which
				work the other Certified Interior Designer is no longer to provide any
				certified interior design services, without first having been advised in
				writing by the Certified Interior Designer's prospective client that the
				contract with the other Certified Interior Designer has been
				terminated.
C. If a Certified
				Interior Designer has any business association or a direct or indirect
				financial interest which is substantial enough to influence the Certified
				Interior Designer's judgment in connection with the Certified Interior
				Designer's performance, the Certified Interior Designer shall fully disclose in
				writing to the Certified Interior Designer's client or employer the nature of
				the business association or financial interest, and if the client or employer
				objects to such association or financial interest, the Certified Interior
				Designer will either terminate such association or interest or offer to give up
				the commission or employment.
Commentary - Like Rule 5.2(a), this rule is directed
				  at conflicts of interest. It requires disclosure by the Certified Interior
				  Designer of any interest which would affect the Certified Interior Designer's
				  performance.
D. A
				Certified Interior Designer shall not solicit or accept compensation from
				contractors, vendors, or material or equipment suppliers in return for
				specifying or endorsing their companies or products in any project for which
				the Certified Interior Designer has been employed.
Commentary - This rule appears in most of the
				  existing state standards. It is absolute and does not provide for waiver by
				  agreement.
E. When
				acting as the interpreter of interior design documents and/or the judge of
				contract performance, a Certified Interior Designer shall render decisions
				impartially, favoring neither party to the contract.
Commentary - This rule applies only when the
				  Certified Interior Designer is acting as the interpreter of interior design
				  documents and the judge of contract performance. The rule recognizes that this
				  is not an inevitable role and there may be circumstances (for example, where
				  the Certified Interior Designer has an interest in the owning entity) in which
				  the Certified Interior Designer may appropriately decline to act in those two
				  roles. In general, however, the rule governs the customary interior design
				  industry relationship where the Certified Interior Designer, though paid by the
				  owner and owing the owner loyalty, is nonetheless required, in fulfilling the
				  Certified Interior Designer's role in the typical interior design documents, to
				  act with impartiality.
Miss. Code Ann.§
										73-73-25(2)(h)