30 Miss. Code. R. 203-5.5

Current through October 10, 2024
Rule 30-203-5.5 - Professional Conduct
A. Any office which is advertised as providing certified interior design shall have a Certified Interior Designer resident and regularly employed in that office having direct knowledge and supervisory control of such work.

Commentary - This rule addresses the subject of main, branch or satellite offices of a certified interior design firm and protects the public in that such offices are continually supervised by a Certified Interior Designer certified in the jurisdiction where the office is located.

B. "Responsible control" shall be control over all phases of the interior design of a project as is ordinarily exercised by Certified Interior Designers applying the required standard of care, including, but not limited to control over and detailed knowledge of the content of technical submissions throughout preparation by the Certified Interior Designer and the Certified Interior Designer's employees.
C. A Certified Interior Designer shall neither make nor offer to make any gifts, other than gifts of nominal value (included, for example, reasonable entertainment and hospitality), with the intent of influencing the judgment of an existing or prospective client in connection with a project in which the Certified Interior Designer is interested.

Commentary Rule 5.5(C) is the correlative of Rule 5.3(B), but the latter describes criminal conduct under most state laws for it involves both "private bribes" (which are ordinarily not criminal in nature) and the unseemly conduct of using bribery to obtain work. Note that the rule realistically excludes reasonable entertainment and hospitality and other gifts of nominal value.

D. A Certified Interior Designer shall not engage in conduct involving fraud or wanton disregard for the rights of others.
E. A Certified Interior Designer, acting individually or through a firm, association or corporation shall not request, propose, or accept an agreement, contract, or commission for certified interior design services on a "contingency basis" under which the Certified Interior Designer's judgment may be compromised or when a contingency provision is used as a device for promoting or securing an agreement, contract, or commission, either for additional commissions or projects or for performing further services on the project involved. For purposes of adjudging the provisions of this section "contingency basis" will also be interpreted to include the preparation of preliminary reports and/or applications for funds or for reviewing for approval where the fee involved is to be paid only after such submission or approval, or in an amount substantially below the cost of performing the services.

Commentary - This provision reflects directly on the increasing custom of soliciting submittals from Certified Interior Designers with compensation to the Certified Interior Designer contingent upon the occurrence of a particular event, i.e.: the funding of the project. The Certified Interior Designer is requested to provide services with the possibility of receiving no, or a substantially reduced, fee. If this occurs, selection of the Certified Interior Designer is based upon conditions other than qualifications. Additionally, this encourages the Certified Interior Designer to perform substandard or inadequate work which may endanger the life, health or safety of the public.

30 Miss. Code. R. 203-5.5

Miss. Code Ann.§ 73-73-25(2)(h)