Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.183 - BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS › Subchapter 24.183.22 - Unprofessional Conduct › Rule 24.183.2207 - UNPROFESSIONAL CONDUCT

Current through Register Vol. 13, July 5, 2024
(1) In addition to
				those forms of unprofessional conduct defined in
				37-1-316,
				MCA, the following is unprofessional conduct for a licensee or license
				applicant under Title 37, chapter 67, MCA:
(a) conviction, including conviction
				following a plea of nolo contendere of an offense related to the ethical
				practice of engineering or land surveying, whether a misdemeanor or felony, and
				whether or not an appeal is pending;
(b) fraud, misrepresentation, deception, or
				concealment of a material fact in applying for or securing a license or license
				renewal, or in taking an examination required for licensure. As used herein,
				"material" means any false or misleading statement or information;
(c) conduct in the performance of
				professional duties likely to deceive, defraud, or harm the public;
(d) making a false or misleading statement
				regarding the licensee's skill, experience, and scope of responsibility in
				connection with work for which they are claiming experience and performance of
				professional duties;
(e) failing
				to be objective and truthful in professional reports, statements, and
				testimony;
(f) publicly expressing
				a professional opinion on technical subjects when the opinion is not founded
				upon adequate knowledge of the facts and competence in the subject matter;
(g) issuing a statement,
				criticism, or argument on technical matters which are inspired by or paid for
				by interested parties, unless the licensee prefaces the comments by explicitly
				identifying the interested parties on whose behalf they are speaking and by
				revealing the existence of any interest the licensee may have in the matter;
(h) allowing the licensee's
				independent and professional judgment to be influenced in such a way that
				public safety, health, property, or welfare is endangered;
(i) approving and/or sealing design documents
				and surveys which do not conform with accepted engineering and land surveying
				standards, and which are thus unsafe for public health, property, and
				welfare;
(j) affixing a signature
				or seal to any plans or documents outside the competence of the licensee or not
				prepared under their responsible charge;
(k) failing to report professional misconduct
				and violation of the laws and rules of the board which are directly known to
				the licensee failing to report;
(l) failing to disclose known or potential
				conflicts of interest to a licensee's employers and clients by promptly
				informing them of any business association, interest, or other circumstances
				which could influence the licensee's judgment or quality of their services;
(m) accepting compensation,
				financial or otherwise, from more than one party for services on the same
				project, or for services pertaining to the same project, unless the
				circumstances are fully disclosed to, and agreed upon by all interested
				parties;
(n) soliciting or
				accepting financial or other valuable consideration, directly or indirectly,
				from material or equipment suppliers or contractors in exchange for
				recommending the products of said suppliers or contractors, except with full
				disclosure;
(o) soliciting or
				accepting financial or other valuable consideration such as gratuities, gifts,
				travel, lodging, loans, entertainment, or other favors, directly or indirectly
				from contractors, their agents, or other parties in connection with work by the
				licensee or for the licensee's employers or clients for which the licensee is
				responsible;
(p) accepting a fee,
				contract, or commission for professional services on a "contingency basis,"
				which may compromise the licensee's professional judgment;
(q) participating in decisions, with respect
				to professional services solicited or provided to a governmental body or
				organization, on which the licensee serves as a member, advisor, or employee;
(r) soliciting or accepting a
				professional contract from a governmental body on which a principal or officer
				of the licensee's employer serves as member, except upon public disclosure of
				all pertinent facts and circumstances and consent of the appropriate public
				authority;
(s) knowingly seeking
				or accepting employment for professional services for work on which another
				licensee or certificate holder is employed, or contracted to perform without
				the currently employed or contracted licensee or certificate holder being
				informed in writing; and
(t)
				knowingly attempting to injure, maliciously or falsely, directly or indirectly,
				the professional reputation, prospects, practice, or employment of other
				licensees or indiscriminately criticizing other licensees' work.