Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.114 - BOARD OF ARCHITECTS AND LANDSCAPE ARCHITECTS › Subchapter 24.114.23 - Unprofessional Conduct › Rule 24.114.2301 - UNPROFESSIONAL CONDUCT

Current through Register Vol. 13, July 5, 2024
(1) Violation of
				any of these standards by a licensee constitutes unprofessional conduct and is
				grounds for disciplinary action:
(a) being
				incompetent or negligent, or using any practice or procedure in the practice of
				the profession which creates an unreasonable risk of physical harm or serious
				financial loss to the client or to the public;
(b) practicing beyond the scope of knowledge
				and expertise of the licensee as defined by law;
(c) failing to comply with applicable
				federal, state, and local building laws and regulations;
(d) failing to supervise the work of another
				whereby the supervisor has both responsible control over and detailed
				professional knowledge of the work prepared under the supervisor's supervision;
(e) accepting compensation for
				professional services from more than one party on a project, unless the
				circumstances are fully disclosed to and agreed to in writing by all interested
				parties;
(f) soliciting or
				accepting compensation from material or equipment suppliers in return for
				specifying or endorsing their products;
(g) performing professional services with or
				after acquiring a conflict of interest that is not fully disclosed and waived
				in writing by all parties;
(h)
				misrepresenting to a prospective or existing client or employer the licensee's
				qualifications and the scope of responsibility in connection with work for
				which the licensee is claiming credit or being compensated;
(i) offering or making any gifts, other than
				gifts of nominal value (including, for example, reasonable entertainment and
				hospitality), with the intent of influencing the judgment of an existing or
				prospective client in connection with a project in which the licensee is
				interested;
(j) making public
				statements on professional questions, without disclosing that the licensee is
				being compensated for making such statements;
(k) knowingly injuring or attempting to
				injure, falsely or maliciously, directly or indirectly, the professional
				reputation, prospects or practice of another licensed architect or landscape
				architect;
(l) representing the
				work of others as the licensee's own;
(m) using or altering material prepared by
				another person without the knowledge and consent of that person;
(n) performing professional services which
				have not been authorized by the client or the client's legal representative;
(o) failure to disclose in writing
				to a client any business association or direct or indirect financial interest
				that is substantial enough to influence the licensee's professional judgment in
				connection with the performance of services to a client;
(p) signing or attaching a seal to drawings,
				specifications, reports, or other professional work for which the licensee does
				not have responsible control or direct professional knowledge;
(q) failure to comply with the continuing
				education requirement;
(r) failure
				to comply with the deadline and documentation reporting requirement of a CE
				audit;
(s) failing to respond to
				correspondence from the board or to comply with orders of the board;
(t) willfully making or filing false reports
				or records; and
(u) failure to
				comply with the provisions of Title 37, chapter 65 or chapter 66, MCA, or these
				rules.