N.H. Admin. Code § Lan 501.03

Current through Register No. 45, November 7, 2024

Section Lan 501.03 - Standards of Conduct

(a) The licensee shall:

(1) Undertake only work for which the licensee is qualified by education and experience; and

(2) When serving as an expert or technical witness on behalf of a party before any court, commission, or other tribunal, shall in direct testimony express an opinion 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 the testimony.

(b) The licensee shall clearly identify himself or herself, his or her employer, and in whose interest he or she is working and:

(1) Disclose fully to the client any financial or purchase interest the licensee or the licensee's employer has in the land on which he or she is working;

(2) Conscientiously avoid conflicts of interest or even the appearance of such conflicts; and

(3) If, despite precaution, a conflict of interest is discovered, he or she shall:

a. Promptly and fully disclose the conflict of interest to the client/employer; and

b. Act immediately to resolve the conflict.

(c) The licensee shall not knowingly issue a false statement or false information.

(d) The licensee shall advertise only in a truthful manner, stating the services the licensee is qualified and prepared to perform.

(e) The licensee shall not falsify or permit misrepresentation of the licensee's or the licensee's associates, academic or professional qualifications.

(f) With respect to misrepresentation, the licensee shall not:

(1) Misrepresent or exaggerate the licensee's degree of responsibility in, or for the subject matter of prior assignments; or

(2) Misrepresent pertinent facts in brochures or other presentations incident to the solicitation of employment concerning employers, employees, associates, joint ventures, or the licensee or his or her past accomplishments with the intent and purpose of enhancing the licensee's qualifications and work.

(g) The licensee shall issue no statements, criticisms, or arguments on land surveying matters which are inspired or paid for by an interested party, or parties, unless such comments are prefaced by explicit identification of the licensee and by disclosing the identities of the party or parties on whose behalf the licensee is speaking.

(h) The licensee shall not attempt to injure by false statement or dishonest action, either directly or indirectly, the professional reputation, prospects, or business of another.

(i) The licensee shall be objective and truthful in all professional reports, statements, or testimony. The licensee shall include only relevant and pertinent information in such reports, statements, or testimony.

(j) With regard to written contracts and fees, the licensee shall:

(1) Offer a written contract to the client;

(2) When utilizing a written contract specify the following:

a. The land upon which the work will be performed;

b. The nature and scope of the work to be performed;

c. The estimated time period within which the work is to be performed; and

d. A cost estimate or fee schedule;

(3) Not accept compensation or expenses from more than one employer or client for the same service, unless the parties involved are informed and consent;

(4) Not accept work on a contingent fee basis;

(5) Not solicit or accept gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with the licensee's client in connection with the work for which the licensee is responsible.

(k) The licensee shall recognize that the practice of land surveying by a person, firm, co-partnership, corporation, or joint stock association construed to practice or offer to practice land surveying shall be under the direct charge and supervision of a land surveyor licensed by the State of New Hampshire.

(l) The licensee shall advise the client of the level of precision most appropriate to the purposes of the survey.

(m) With regard to other laws, relations with other surveyors, and misrepresentations, the licensee shall:

(1) At all times in the performance of services, abide by applicable federal, state and municipal laws and regulations;

(2) Unless the circumstances are fully disclosed to all parties, not solicit or accept a land surveying contract from a government body on which a principal or officer of the licensee's organization serves as a member;

(3) Not contract for the completion of another licensee's contracted work unless reasonable effort has been made to consult with the prior licensee;

(4) Cooperate with other licensed land surveyors with an interchange of information, in particular, where discrepancies are discovered, where such interchange does not include confidential information; and

(5) Not perform any acts, allow omissions or make any assertions or representations which are fraudulent deceitful, or misleading, or which in any manner tend to create misleading impression.

(n) With regard to interacting with the board, the licensee shall:

(1) Cooperate with investigations and requests for information from the board and the board's representatives;

(2) Present information to the board of licensure for land surveyors for action, if the licensee has evidence of unprofessional conduct of another land surveyor provided that the licensee believes that such misconduct is occurring;

(3) Submit only truthful and correct information in any application or other document filed with or statement made to the board;

(4) Inform the board of a principal business/home address to which all official board communications should be directed, and also of all addresses where he/she is practicing land surveying or has a branch office; and

(5) Report to the board the establishment of a business/home address or the change or abandonment of a business/home address within 30 days.

(o) The licensee shall not engage in or participate in professional or business practices of a fraudulent or dishonest nature.

(p) With regard to signatures and seals, the licensee shall not:

(1) Sell nor permit the use of his or her seal to anyone, recognizing that the seal indicates the licensee's personal responsibility for the work bearing the licensee's seal;

(2) Affix a signature or seal to any map or document dealing with subject matter in which the licensee lacks competence by virtue of education or experience; and

(3) Affix the licensee's signature or seal to any plans or document not prepared by the licensee or by an employee, or a surveyor-in-training under the licensee's direct supervisory control, except historical documents pursuant to RSA 678:18, II.

(q) The licensee shall with respect to supervision of an employee or surveyor-in-training:

(1) Have direct involvement and thorough supervision of the entire survey process; and

(2) Supervise the work being performed during each phase of work performed from project conception through final project conclusion.

N.H. Admin. Code § Lan 501.03

#2386, eff 6-16-83; ss by #3030, eff 5-28-85; ss by #5555, eff 1-15-93; ss by #5934, eff 12-9-94, EXPIRED: 12-9-00

New. #7425, INTERIM, eff 1-13-01, EXPIRED: 7-12-01

New. #7549, 8-25-01; amd by #7950, eff 9-10-03; ss by #9340, eff 1-1-09

Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12031, Effective 11/1/2016, Expires 11/1/2026.