30 Miss. Code. R. 203-5.4

Current through December 10, 2024
Rule 30-203-5.4 - Full Disclosure
A. A Certified Interior Designer, making public statements on certified interior design questions, shall disclose when the Certified Interior Designer is being compensated for making such statement.
B. A Certified Interior Designer shall accurately represent to a prospective or existing client or employer the Certified Interior Designer's qualifications and the scope of the Certified Interior Designer's responsibility in connection with work for which the Certified Interior Designer is claiming credit.
C. It shall be the responsibility of each Certified Interior Designer to clearly and appropriately state prior experience of the Certified Interior Designer and/or the firm the Certified Interior Designer is representing in presenting qualifications to prospective clients, both public and private. If a Certified Interior Designer uses visual representations of prior projects or experience, all certified interior designers-of-record must be clearly identified. Certified interior designer-of-record means persons or entities which provided the plans, specifications and/or interior design documents.
D. A Certified Interior Designer who has been an employee of another Certified Interior Designer may not claim unconditional credit for projects contracted for in the name of the previous employer. The Certified Interior Designer shall indicate, next to the listing for each project, that individual experience gained in connection with the project was acquired as an employee, the time frame in which the project was performed, and identify the previous Certified Interior Design firm. The Certified Interior Designer shall also describe the nature and extent of the Certified Interior Designer's participation in the project.
E. A Certified Interior Designer who was formerly a principal in a firm may legitimately make additional claims provided the Certified Interior Designer discloses the nature of ownership in the previous firm (e.g. stockholder, director or officer) and identifies with specificity the Certified Interior Designer's responsibilities for that project.
F. A Certified Interior Designer who presents a project that has received awards recognition must comply with the requirements of Rule 5.4(B) and (C) with regard to project presentation to the public and prospective clients.
G. Projects which remain incomplete and which are listed as credit shall be listed as "incomplete" or a similar designation.

Commentary - Many important projects require a team of designers to do the work. There have been instances when individual members of that team have claimed greater credit for the project than was appropriate to their actual work performed. It should be noted that a young Certified Interior Designer who develops experience working under a more senior Certified Interior Designer has every right to claim credit for the work which the young Certified Interior Designer actually performed. On the other hand, the public must be protected from believing that the younger Certified Interior Designer's role was greater than was the fact. If a brochure represents an employee's involvement on a specific project while employed by another firm, the brochure provided shall include the employee's specific responsibilities on the project and the Certified Interior Designer of record for the project.

H. The certificate holder shall not falsify or permit misrepresentation of an associate's academic qualifications. The Certified Interior Designer shall not misrepresent or exaggerate the Certified Interior Designer's degree of responsibility in or for the subject matter or prior assignments. Brochures or other presentations incidental to the solicitation of employment shall not misrepresent pertinent facts concerning employer, employees, location of offices or residency, associates, joint ventures, or past accomplishments with the intent and purpose of enhancing the Certified Interior Designer's qualifications and/or work.
I. If, in the course of the Certified Interior Designer's work on a project, a Certified Interior Designer becomes aware of a decision taken by the Certified Interior Designer's employer or client against the Certified Interior Designer's advice, which violates applicable federal, state or municipal building laws and regulations and which will, in the Certified Interior Designer's judgment, materially and adversely affect the safety to the public of the finished project, the Certified Interior Designer shall:
1. Report the decision to the architect of record, the local building inspector or other public official charged with enforcement of the applicable state or municipal building laws and regulations; and
2. Refuse to consent to the decision; and
3. In circumstances where the Certified Interior Designer reasonably believes that other such decisions will be taken notwithstanding the Certified Interior Designer's objection, the Certified Interior Designer shall terminate the Certified Interior Designer's services with reference to the project.

Commentary - In the circumstances described, the Certified Interior Designer is compelled to report the matter to the architect of record or a public official even though to do so may substantially harm the Certified Interior Designer's client. Note that the circumstances are a violation of building laws which adversely affect the safety to the public of the finished project. While a proposed technical violation of building laws (e.g., a violation which does not affect safety) will cause a responsible Certified Interior Designer to take action to oppose its implementation, it does not make such a proposed violation trigger the provisions of this rule.

J. A Certified Interior Designer shall not deliberately make a materially false statement or fail deliberately to disclose accurately and completely a material fact requested in connection with the Certified Interior Designer's application for certification or renewal or otherwise lawfully requested by the Board.

Commentary - The board which grants certification or renews certification on the basis of a misrepresentation by the applicant must have the power to revoke that certification.

K. A Certified Interior Designer shall make no false or malicious statements which may have the effect, directly or indirectly, or by implication, of injuring the personal or business reputation of another Certified Interior Designer.
L. A Certified Interior Designer shall not assist the application for certification of a person known by the Certified Interior Designer to be unqualified in respect to education, training, experience, or character.
M. A Certified Interior Designer who has knowledge or reasonable grounds for believing that another Certified Interior Designer has violated any statute or rule regulating the certification of interior designers shall have the duty of presenting such information to the Board. Failure to report such acts may result in disciplinary action by the Board.

Commentary - This rule has its analogue in the Rules of Professional Conduct for lawyers. Its thrust is consistent with the special responsibility which the public expects from Certified Interior Designers.

30 Miss. Code. R. 203-5.4

Miss. Code Ann.§ 73-73-25(2)(h)