Oregon Administrative Rules › Chapter 820 - BOARD OF EXAMINERS FOR ENGINEERING AND LAND SURVEYING › Division 20 - RULES OF PROFESSIONAL CONDUCT › Section 820-020-0030 - Obligation of Registrants and Applicants to Act in Professional Matters for Each Employer or Client as Faithful Agents or Trustees, and to Avoid Conflicts of Interest

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of this section, "applicant" means an applicant who is registered in
			 another jurisdiction.
(2)
			 Registrants and applicants for registration or certification shall act for each
			 employer or client as faithful agents or trustees and at all times strive to
			 serve the public interest.
(3)
			 Registrants and applicants for registration or certification shall disclose all
			 known or potential conflicts of interest to their employers or clients by
			 promptly informing them, in writing, of any business association, interest, or
			 other circumstances that could influence or appear to influence their judgment
			 or the quality of their services. For purposes of this rule, a "conflict of
			 interest" includes, but is not limited to, an interest in any property or any
			 other thing of value, other than their compensation from that employer, that is
			 related in any way to or potentially affected by the services that the
			 registrant provides.
(4)
			 Registrants and applicants for registration or certification shall not be
			 influenced in their professional duties by conflicting interests.
(5) A registrant or applicant for
			 registration or certification shallnot accept compensation, financial or
			 otherwise, directly or indirectly, from more than one party for services on the
			 same property, or for services pertaining to the same project, unless the
			 circumstances are fully disclosed and agreed to by all parties, in writing. For
			 the purposes of this subsection, forgiveness of debt is considered
			 compensation.
(6) A registrant or
			 applicant for registration or certification who is a member, advisor or
			 employee of a governmental body shall not participate in decisions made by that
			 governmental body with respect to professional services solicited from or
			 provided by that individual or a business or firm that employs the individual
			 or in which the individual holds an ownership interest and through which the
			 individual offers or provides professional services. This subsection does not
			 apply to County Surveyors carrying out their duties under ORS
			 209.070(5) and
			 (6).
(7) A registrant or applicant for
			 registration or certification may not solicit or accept employment or a
			 contract for professional services from a governmental body for which that
			 individual's associate is a member or officer unless the individual discloses
			 all pertinent facts and circumstances of the individual's relationship to the
			 individual's associate and the governmental body provides written consent. For
			 purposes of this rule, an "individual's associate" refers to an individual's
			 employer or an owner or officer of a business or firm that employs the
			 individual or in which the individual holds an ownership interest and through
			 which the individual offers or provides professional services.
Statutory/Other Authority: ORS
				  670.310  & 672.255
Statutes/Other Implemented: ORS
				  672.002  - 672.325