Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 74 - ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT › Section 74.72 - Standards of Conduct for Inspector or Contractor Registrants

Current through Reg. 49, No. 28; July 12, 2024
(a) The provisions in this section apply to
				both inspectors and contractors, except where noted.
(b)
Competency.
The
				registrant, as applicable, shall be knowledgeable of and adhere to the Act,
				this chapter, the ASME Safety Codes or ASCE Standards as adopted in
				§RSA
				74.100, 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 registrant to
				exercise reasonable judgment and skill in the performance of equipment
				inspections or performance of a contract to install, alter, repair, or maintain
				equipment.
(c)
Integrity.
A registrant 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
				registrant shall accurately and truthfully represent to any prospective client
				his/her capabilities and qualifications to perform the services to be
				rendered.
(d)
Interest.
The primary interest of the registrant is to ensure
				compliance with the Act, this chapter, and the ASME Safety Codes or ASCE
				Standards adopted in §74.100, and all procedures established by the
				department. The registrant'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.
(e)
Conflict of
				Interest.
A registrant is required 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 equipment inspections for a building in
				which he has a financial interest, whether direct or indirect. A conflict of
				interest also exists when a registrant's professional judgment and independence
				are affected by his/her family, business, property, or other personal interests
				or relationships.
(f)
Specific Rules of Conduct.
A registrant must not:
(1) 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 Act, this chapter, or the
				standards adopted by the commission;
(2) knowingly furnish inaccurate, deceitful,
				or misleading information to the department, an owner, or other person involved
				in equipment inspections or equipment contracts;
(3) state or imply to an owner that the
				department will grant a delay or waiver;
(4) engage in any activity that constitutes
				dishonesty, misrepresentation, or fraud while performing equipment inspections
				or completing an equipment contract;
(5) perform equipment inspections or complete
				an equipment contract in a negligent or incompetent manner;
(6) perform equipment inspections in a
				building or facility in which the inspector registrant is an owner, either in
				whole or in part;
(7) perform
				equipment inspections in a building or facility wherein the registrant, for
				compensation, participated in obtaining an equipment contract for the
				building;
(8) indulge in
				advertising that is false, misleading, or deceptive;
(9) misrepresent the amount or extent of
				prior education or experience to any client; or
(10) hold out as being engaged in partnership
				or association with any person unless a partnership or association exists in
				fact.