Mississippi Administrative Code › Title 19 - Department of Insurance › Part 8 › Chapter 1 - Rules Regarding the Mississippi Conveyance Safety Act › Rule 19-8-1.20 - Standards of Conduct for Inspector or Contractor Licensees

Current through June 25, 2024
(1) The provisions in this section apply to
				both inspectors and contractors, except where noted.
(2)
Competency
. The
				licensee, as applicable, shall be knowledgeable of and adhere to the
				Regulation, this chapter, the ASME Safety Codes or ASCE Standards as adopted in
				this Regulation, and all procedures established by the department for equipment
				inspections or performance of a contract to install, alter, repair, or maintain
				equipment. It is the obligation of the licensee to exercise reasonable judgment
				and skill in the performance of equipment inspections or performance of a
				contract to install, alter, repair, or maintain equipment.
(3)
Integrity
. A licensee
				shall be honest and trustworthy in the performance of equipment inspections or
				performance of a contract to install, alter, repair, or maintain equipment, and
				shall avoid misrepresentation and deceit in any fashion, whether by acts of
				commission or omission. Acts or practices that constitute threats, coercion, or
				extortion are prohibited. The licensee shall accurately and truthfully
				represent to any prospective client his/her capabilities and qualifications to
				perform the services to be rendered.
(4)
Interest
. The primary
				interest of the licensee is to ensure compliance with the Regulation, this
				chapter, and the ASME Safety Codes or ASCE Standards adopted in this
				Regulation, and all procedures established by the department. The licensee's
				position, in this respect, should be clear to all parties concerned while
				conducting equipment inspections or completing the performance of a contract to
				install, alter, repair, or maintain equipment.
(5)
Conflict of Interest
. A
				licensee is obliged to avoid conflicts of interest and the appearance of
				conflicts of interest. A conflict of interest exists when an inspector performs
				or agrees to perform an equipment inspection for a building in which he has a
				financial interest, whether direct or indirect. A conflict of interest also
				exists when a licensee's professional judgment and independence are affected by
				his/her family, business, property, or other personal interests or
				relationships.
(6)
Specific
				Rules of Conduct
. A licensee shall not:
(a) participate, whether individually or in
				concert with others, in any plan, scheme, or arrangement attempting or having
				as its purpose the evasion of any provision of the Regulation, this chapter, or
				the standards adopted by the commission;
(b) knowingly furnish inaccurate, deceitful,
				or misleading information to the department, a building owner, or other person
				involved in equipment inspections or equipment contracts;
(c) state or imply to a building owner that
				the department will grant a delay or waiver;
(d) engage in any activity that constitutes
				dishonesty, misrepresentation, or fraud while performing equipment inspections
				or completing an equipment contract;
(e) perform equipment inspections or complete
				an equipment contract in a negligent or incompetent manner;
(f) perform equipment inspections in a
				building or facility in which the inspector licensee is an owner, either in
				whole or in part;
(g) perform
				equipment inspections in a building or facility wherein the licensee, for
				compensation, participated in obtaining an equipment contract for the
				building;
(h) indulge in
				advertising that is false, misleading, or deceptive;
(i) misrepresent the amount or extent of
				prior education or experience to any client; or
(j) hold out as being engaged in partnership
				or association with any person unless a partnership or association exists in
				fact.