Ala. Admin. Code r. 364-X-14-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 364-X-14-.02 - Conflict Of Interest

The professional geologist shall avoid conflict of interest and shall exercise independent judgments, decisions and practices on behalf of his/her clients and employers as follows:

(1) The professional geologist shall conscientiously avoid conflict of interest with his/her employer or client, but, when unavoidable, the geologist shall forthwith disclose the circumstances to his/her employer or client of any business association, interest, or circumstances which might tend to influence his/her professional judgments, decisions or practices of the quality of his/her services.

(2) The professional geologist shall not accept 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 to, by all those parties involved.

(3) The professional geologist shall not solicit or accept financial or other valuable consideration from any party for specifying their material, equipment, supplies, products, or services.

(4) The professional geologist shall not solicit or accept substantial gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with his/her client or employer in connection with work for which he/she is responsible.

(5) When in public service as a member, advisor, or employee of a governmental body or department, the professional geologist shall not participate in considerations or actions with respect to services provided by him/her or his/her organization in private geological practice.

(6) The professional geologist shall not solicit or accept a geologic contract from a governmental body on which a principal or officer of his/her organization serves as a member.

(7) The professional geologist shall not attempt to supplant another professional geologist in a particular employment after becoming aware that the other professional geologist has been selected for employment.

(8) The professional geologist shall conduct his/her practice in order to protect the public health, safety and welfare. The professional geologist shall at all times recognize his/her primary obligation to protect the safety, health, and welfare of the public in the performance of his/her professional duties. If his/her geologic judgment is overruled under circumstances where the safety, health, and/or welfare of the public are endangered, he/she shall inform his/her employer of the possible consequences and notify other proper authority of the situation, as may be appropriate.

Author: Thornton Neathery

Ala. Admin. Code r. 364-X-14-.02

New Rule: Filed May 10, 1996; effective June 14, 1996. Amended: Filed March 5, 2002; effective April 9, 2002.

Statutory Authority:Code of Ala. 1975, § 34-41-5.