Rules of Professional Responsibility

1
Rules ofProfessional Responsibility
2
Scope

• To establish and maintain a high standard of
  integrity, skills and practice in the profession.
• To safeguard the life, health, property and
  welfare of the public.
• The Rules are binding on all persons and business
  entities to whom the Board has issued a license
  or certificate.

3
Scope

• All registrants and certificate holders are
  obligated to become familiar with the Rules.
• Annually, when you renew your license or
  certificate you sign a certification that you
  have read and agree to abide by the Rules.
• Failure to obey the Rules may result in
  disciplinary action by the Board.

4
Responsibility to the Public

• Your primary obligation is to the public.
• Your primary obligation is to the public.
• Your primary obligation is to the public.
• Your primary obligation is to the public.
• You are obligated to exercise such care, skill
  and diligence as others in like circumstances
  ordinarily exercise.

5
Responsibility to the Public

• If your professional judgement is overruled under
  circumstances where the public safety, health or
  welfare might be endangered, you are obligated to
  inform your client or employer of the possible
  consequences and notify the Board or such other
  authority of the situation, where appropriate.

6
Responsibility to the Public

• If you discover a material discrepancy, error or
  omission on the part of another registrant or
  certificate holder, you are obligated to make a
  reasonable attempt to contact them in writing and
  obtain a response from them. The other
  registrant or certificate holder has 60 days in
  which to respond in writing. You are further
  obligated to contact the Board if you do not
  receive a satisfactory response.

7
Competency for Assignments

• Registrants may only undertake assignments for
  which they are competent as evidenced by their
  education and experience. Qualified associates,
  consultants or employees of the registrant may be
  in responsible charge of portions of assignments
  not within the Registrants expertise.

8
Competency for Assignments

• Registrants shall avoid actions and procedures
  which amount to aiding and abetting an
  unregistered person to practice.
• Registrants shall affix their seal and signature
  only to documents prepared under their
  responsible charge.

9
Idaho Code 54-1202(h)

• Responsible Charge means the control and
  direction of the investigation, studies, design,
  construction or operation of engineering work
  requiring initiative, professional skill and
  independent judgement.

10
Public Statements

• Registrants shall be complete, objective and
  truthful in all professional reports, statements
  or testimony and shall include all relevant and
  pertinent information in such reports, statements
  or testimony.

11
Public Statements

• A Registrant shall express an opinion before a
  court, commission or other tribunal only when it
  is founded upon adequate knowledge of the facts
  in issue, upon a background of technical
  competence in the subject matter, and upon honest
  conviction of the accuracy and propriety of his
  testimony.

12
Public Statements

• On matters connected with establishing public
  policy a Registrant or Certificate Holder shall
  issue no statements, criticisms or arguments
  which are paid for by an interested party, unless
  he has prefaced his comment by explicitly
  identifying himself, by disclosing the identities
  of the party, on whose behalf he is speaking, and
  by revealing the existence of any pecuniary
  interest he may have in the matters.

13
Public Statements

• A Registrant shall not attempt to injure,
  maliciously or falsely, directly or indirectly,
  the professional reputation, prospects, practice
  or employment of another Registrant or
  Certificate Holder, nor shall he indiscriminately
  criticize anothers work in public. If he
  believes that another Registrant or Certificate
  Holder is guilty of fraud, deceit, negligence,
  incompetence, misconduct or a violation of these
  Rules he should present such information to the
  Board for action.

14
Conflict of Interest

• Conflict of interest with an employer or client
  shall be conscientiously avoided, but when
  unavoidable, the Registrant or Certificate holder
  shall disclose the circumstances to the employer
  or client in writing. Registrants and
  Certificate Holders shall also inform the
  employer or client in writing of any business
  association, interests, or circumstances which
  might influence the Registrants or Certificate
  Holders judgement or quality of service, or
  jeopardize the clients interests.

15
Conflict of Interest

• Compensation from more than one party for
  services on the same project may only be accepted
  if the circumstances are fully disclosed, in
  writing, in advance and agreed to by all
  interested parties.
• Registrants or Certificate Holders cannot solicit
  or accept financial or other valuable
  considerations from material or equipment
  suppliers for specifying or recommending the
  products of said suppliers without full
  disclosure as required above.

16
Conflict of Interest

• Registrants or Certificate Holders cannot solicit
  or accept gratuities, gifts, travel, lodging,
  loans, entertainment or other favors directly or
  indirectly, from any third party dealing with a
  client or employer in connection with work for
  which the Registrant or Certificate Holder is
  responsible which could be construed to be an
  effort to improperly influence the Registrants
  or Certificate Holders professional judgement.
  Nor shall Registrants or Certificate Holders make
  any such improper offer.

17
Conflict of Interest

• Registrants and Certificate Holders cannot
  solicit or accept a contract from a government
  agency on which an existing principal or officer
  of his organization serves as a member of the
  elected policy and governing body or serves as a
  member of an entity of such governmental
  authority having the right to contract for the
  services of the Registrant or Certificate Holder.

18
Conflict of Interest

• If a Registrant or Certificate Holder serves as a
  member, advisor or consultant to a governmental
  board, commission or department, he shall not
  participate in decisions with respect to
  professional services that have been offered to
  or performed for the government agency or any
  other client by his associates, firm or employer.

19
Conflict of Interest

• A Registrant or Certificate Holder may not use
  the advantages of his position as a full-time
  employee to compete unfairly with other
  professionals.
• A Registrant or Certificate Holder may not accept
  professional employment outside his regular work
  or interest without the written permission of
  that persons employer.

20
Solicitation of Work

• A Registrant or Certificate Holder shall not pay
  a commission in an effort to secure work, except
  to a bona fide employee or bona fide established
  business enterprises retained by the Registrant
  or Certificate Holder for the purpose of securing
  business or employment.

21
Solicitation of Work

• A Registrant or Certificate Holder shall be
  truthful in representing his and his associates
  academic and professional qualifications, and
  shall not misrepresent or exaggerate the degree
  of responsibility in or for the subject matter of
  prior assignments. Brochures incident to the
  solicitation of employment shall not misrepresent
  pertinent facts concerning employers, employees,
  associates, joint-ventures or his or their past
  accomplishments with the intent and purpose of
  enhancing qualification for the work. The
  Registrant or Certificate Holder shall not
  indulge in publicity that is misleading.

22
Solicitation of Work

• A Registrant or Certificate Holder shall not
  knowingly seek or accept employment for
  professional services for an assignment which
  another Registrant or Certificate Holder is
  employed or contracted to perform without the
  currently employed or contracted entity being
  informed in writing.

23
Solicitation of Work

• A Registrant or Certificate Holder shall not
  accept an agreement, contract or commission for
  professional services on a contingency basis
  which may compromise his professional judgement
  and shall not accept a contract with provisions
  wherein the payment of fee involved is contingent
  on a favorable conclusion, recommendation or
  judgement.

24
Solicitation of Work

• Registrants and Certificate Holders should seek
  professional employment and professional service
  work on the basis of qualifications and
  competence.

25
Improper Conduct

• A Registrant or Certificate Holder shall not
  knowingly associate with or permit the use of his
  name or the firm name in a business venture by
  any person or firm which it is known, or there is
  reason to believe, is engaging in business or
  professional practices of a fraudulent or
  dishonest nature.

26
Improper Conduct

• Registrants or Certificate Holders shall not
  reveal confidential facts, data or information
  obtained in a professional capacity without prior
  written consent of the client or employer except
  as authorized or required by law.

27
Improper Conduct

• After a hearing, the Board can take action
  against a Registrant if another jurisdiction took
  action for a reason that would have been a
  violation of a statute or rule in Idaho.

28
Rule Infractions

• Any person may file a written affidavit with the
  Executive Director of the Board alleging a
  statute or rule violation. The Board has six (6)
  months in which to either hold an administrative
  hearing or dismiss the charges as unfounded or
  trivial.
• The Board may, at its own discretion, initiate an
  investigation of alleged or possible rule
  infractions that have come to its attention.