New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 29 - Unprofessional Conduct › Section 29.3 - General provisions for design professions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Unprofessional conduct shall also include, in the professions of architecture
				and landscape architecture, engineering, land surveying and geology:
(1) being associated in a professional
				capacity with any project or practice known to the licensee to be fraudulent or
				dishonest in character, or not reporting knowledge of such fraudulence or
				dishonesty to the Education Department;
(2) failing to report in writing to the owner
				or to the owner's designated agent any unauthorized or improperly authorized
				substantial disregard by any contractor of plans or specifications for
				construction or fabrication, when professional observation or supervision of
				the work is provided for in the agreement between the owner and the design
				professional or when supervision of the work is under the control of the design
				professional;
(3) certifying by
				affixing the licensee's signature and seal to documents for which the
				professional services have not been performed by, or thoroughly reviewed by,
				the licensee; or failing to prepare and retain a written evaluation of the
				professional services represented by such documents in accordance with the
				following requirements:
(i) a licensee who
				signs and seals documents not prepared by the licensee or by an employee under
				the licensee's direct supervision shall prepare, and retain for a period of not
				less than six years, a thorough written evaluation of the professional services
				represented by the documents, including but not limited to drawings,
				specifications, reports, design calculations and references to applicable codes
				and standards. Such written evaluation shall clearly identify the project and
				the documents to which it relates, the source of the documents and the name of
				the person or organization for which the written evaluation was conducted, and
				the date of the evaluation, and the seal and signature of the licensee shall
				also be affixed thereto; and
(ii)
				nothing in this paragraph shall be construed as authorizing the practice of a
				design profession in this State by persons other than those authorized to
				practice pursuant to the provisions of article 145, 147 or 148 of the Education
				Law;
(4) failure by a
				licensee to maintain for at least six years all preliminary and final plans,
				documents, computations, records and professional evaluations prepared by the
				licensee, or the licensee's employees, relating to work to which the licensee
				has affixed his seal and signature;
(5) having a substantial financial interest,
				without the knowledge and approval of the client or employer, in any products
				or in the bids or earnings of any contractor, manufacturer or supplier on work
				for which the professional has responsibility;
(6) permitting any person to share in the
				fees for professional services, other than: a partner, employee, associate in a
				professional firm or corporation, subcontractor or consultant. This prohibition
				shall include any arrangement or agreement whereby the amount received in
				payment for furnishing space, facilities, equipment, or personnel services used
				by a professional licensee constitutes a percentage of or is otherwise
				dependent upon the income or receipts of the licensee from such practice. This
				provision shall apply in lieu of section
				29.1(b)(4) 
				of this Part;
(7) accepting any
				form of compensation from more than one party for services on the same project
				without fully disclosing the circumstances and receiving approval from all
				interested parties;
(8)
				participating as a member, advisor or employee or a government body in those
				actions or deliberations which pertain to services provided by the practitioner
				or his or her organization for such government body; or
(9) in the profession of land surveying, the
				revision, alteration, or update of any existing boundary survey without
				adequate confirmation of relevant boundary lines and monuments. To be adequate,
				such confirmation shall include a reasonable field verification and shall be
				sufficiently extensive to reasonably ensure the accuracy of the revision,
				alteration, or update, as appropriate to the circumstances of the revision,
				alteration, or update.