Ala. Admin. Code r. 364-X-14-.06

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

Section 364-X-14-.06 - Ethics

A professional geologist shall contribute to the maintenance, integrity, independence and competency of the geologic profession as follows:

(1) The professional geologist shall not:

(a) violate any provision of the Alabama Law regulating the practice of geology or the Administrative Code of the Alabama Board of Licensure for Professional Geologists;

(b) participate, directly or indirectly, in any plan, scheme or arrangement attempting or having as its purpose the evasion of any provision of the Alabama Law regulating the practice of geology in Alabama;

(c) fail to exercise reasonable care or diligence to prevent his/her partners, associates, and employees from engaging in conduct which if done by him/her, would violate any provision of the Alabama Law regulating the practice of geology;

(d) engage in any illegal conduct involving moral turpitude; or

(e) engage in any conduct that discredits or tends to discredit the profession of geology;

(f) permit or allow himself/herself, his professional identification, seal, firm, or business name, or his/her services to be used or made use of, directly or indirectly, or in any manner whatsoever, so as to make possible or create the opportunity for unauthorized practice of geology by any person, firm or corporation in Alabama;

(g) perform any acts, allow omissions or make any assertions or representations which are fraudulent, deceitful, or misleading, or which in any manner whatsoever tend to create a misleading impression;

(h) knowingly associate with or permit the use of his/her name or firm name in a business venture by any person or firm which he/she knows, or has reason to believe, is engaging in business or professional practices of a fraudulent, deceitful, or dishonest nature;

(i) knowingly associate with or permit the use of his name, professional identification, seal, firm or business name in connection with any venture or enterprise which he/she knows, or has reason to believe, is engaging in trade, business or professional practice of a fraudulent, deceitful or dishonest nature;

(j) injure or attempt to injure of damage the professional reputation of another by any means whatsoever; provided and except, however, that this shall not relieve a professional geologist of the obligation to expose unethical or illegal conduct to the proper authorities or preclude a frank but private appraisal of geologists or other persons or firms considered for employment;

(k) aid and abet, directly or indirectly, any unlicensed person in connection with the unauthorized practice of geology; or any firm or corporation in the practice of geology unless carried on in accordance with the provisions of Section 34-41-1 of the Code of Ala. 1975, regulating the practice of geology;

(l) place his/her seal and/or signature and license number on a document constituting a certification that the document was prepared by the licensee, unless that document was prepared by a licensed geologist or under his/her direct supervision or unless the licensee has reviewed the document in sufficient depth to fully coordinate and assume responsibility for the work or report prepared or done by another licensed geologist; and

(m) review the certified work of another geologist, except with the knowledge or consent of such geologist, unless the connection of the geologist with such work has been terminated.

(2) The professional geologist shall be personally and professionally responsible and accountable for the care, custody, control and use of his/her professional geologist seal, his/her professional signature and identification. The professional geologist whose seal has been lost, misplaced or stolen shall, upon discovery of its loss, report same immediately to the Board. The Board may invalidate the stolen registration number of said seal, if it deems this necessary, and issue another registration number to said geologist. The cost of replacement shall be borne by the professional geologist.

(3) When in public service as a member or employee of any governmental body, agency or department, or institution, the professional geologist shall not participate, directly or indirectly, use or make use of property, facility or service of such governmental body, agency or department, or institution for the benefit of any private business or activity in which such professional geologist also may be engaged, unless prior, proper authorization is obtained in writing. Such written authorization must be made available to the Board upon request.

(4) The professional geologist shall not, directly or indirectly, use or make use of any property/facility or service of his/her client or employer for the benefit of said geologist, unless prior and proper approval is obtained in writing.

(5) The professional geologist shall not practice or offer to practice geology in any governmental jurisdiction in which to do so would be in violation of the laws regulating the practice of professional geology in that jurisdiction.

Author: Thornton Neathery

Ala. Admin. Code r. 364-X-14-.06

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.