N.H. Admin. Code § Soil 501.04

Current through Register No. 45, November 7, 2024

Section Soil 501.04 - Standards of Conduct

(a) The certified soil scientists, certified wetland scientist, and approved apprentices shall hold paramount the safety, health, and welfare of the public as follows:

(1) Perform services only in areas of the certificate holder's level of competence;

(2) Issue statements only in an objective and truthful manner;

(3) Act for each employer or client as faithful agents or trustees;

(4) Refrain from deceptive acts;

(5) Conduct themselves honorably, responsibly, ethically, and lawfully so as to enhance the honor, reputation, and usefulness of the profession;

(6) Undertake to perform soil or wetland science assignments only when qualified by education or experience in the specific technical field of soil or wetland science involved;

(7) Accept an assignment requiring education or experience outside of the certificate holder's own field of competence, but only to the extent that the services are restricted to those phases of the project in which the certificate holder is qualified. All other phases of such project shall be performed by qualified associates, consultants, or employees;

(8) Not affix the certificate holder's signature or seal to any map, plan, or document dealing with subject matter for which the certificate holder lacks competence by virtue of education or experience, nor to any such map, plan, or document not prepared under the certificate holder's direct supervisory control; and

(9) Not sell or donate the use of a seal to anyone, recognizing that the seal indicates the soil scientist's or wetland scientist's personal responsibility for the work bearing the seal.

(b) The certified soil scientist, certified wetland scientist, and approved apprentice shall issue public statements only in an objective and truthful manner, as follows:

(1) Be objective and truthful in all professional reports, statements, or testimony and include all relevant, pertinent, and required information in such reports, statements, or testimony;

(2) When serving as an expert or technical witness before any court, commission, or other tribunal, express an expert opinion only:

a. When it is founded upon adequate knowledge of the facts in issue;

b. Upon a background of technical competence in the subject matter; and

c. Upon honest conviction of the accuracy and propriety of the certificate holder's testimony;

(3) Issue no statements, criticisms, or arguments on soil and wetland science matters connected with public policy which are influenced or paid for by an interested party, or parties, unless the certificate holder has prefaced the comment by explicitly identifying the identities of the party or parties on whose behalf the certificate holder is speaking;

(4) Express an opinion or conclusion only upon matters of established fact or direct observation and clearly distinguish professional judgment or opinions from matters of fact or record;

(5) Not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice, or employment of another; and

(6) If the certificate holder believes that another soil or wetland scientist is guilty of misconduct or illegal practice, the certificate holder shall present such information to the board in writing.

(c) The certified soil scientist, certified wetland scientist, and apprentice shall avoid conflicts of interest as follows:

(1) Promptly inform the employer or client of any business associations, interests, or circumstances, which could influence the certificate holder's judgment, or the quality of services;

(2) Not accept compensation, financial or otherwise, from more than one party for services pertaining to the same project, unless the circumstances are fully disclosed to, and agreed to, by all interested parties;

(3) Not solicit or accept financial or other valuable considerations from material or equipment suppliers for specifying their products;

(4) Not solicit or accept gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with the certificate holder's client or employer in connection with work for which the certificate holder is responsible;

(5) When in public service as a member, advisor, or employee of a governmental body or department, not participate in considerations or actions with respect to private soil or wetland science services provided by the certificate holder or by the certificate holder's organization;

(6) Not solicit or accept a soil or wetland science contract from a governmental body on which a principal or officer of the certificate holder's organization serves as a member;

(7) Not divulge information given in confidence by a client or employer except as required by law, directly or indirectly, in any way that would violate the confidence of the employer or client;

(8) Not plagiarize oral or written communications or knowingly accept credit for work rightfully due another person; and

(9) Reveal to clients, regulators, and the public any conflict of interest or circumstances which may interfere with full representation of the scientific facts or with the certificate holder's professional opinions.

(d) The certified soil scientist, certified wetland scientist, and approved apprentice shall solicit or accept work only on the basis of the certificate holder's qualifications as follows:

(1) Not offer to pay, either directly or indirectly, any commission, political contribution, gift, or other consideration in order to secure work, exclusive of securing salaried positions through employment agencies;

(2) Compete for employment on the basis of professional qualification and competence to perform the work;

(3) Not solicit or submit proposals for professional services containing false, fraudulent, misleading, deceptive, or unfair statements or claims regarding the cost, quality, or extent of services to be rendered;

(4) Not falsify or permit misrepresentation of the certificate holder's, or the certificate holder's associates', academic or professional qualifications;

(5) Not misrepresent the certificate holder's degree of responsibility in or for the subject matter of prior assignments;

(6) Not distribute brochures or other presentations incident to the solicitation of employment which shall misrepresent pertinent facts concerning employers, employees, associates, joint ventures, the certificate holder, or their past accomplishments with the intent and purpose of enhancing the certificate holder's qualifications and their work;

(7) Limit public advertising to a description of the services available;

(8) Act for the client or employer as a finder of facts in developing soil maps, wetland maps, and related material and shall provide a product that accurately depicts soils and wetlands as a natural body on the landscape;

(9) Advise the client of the level of accuracy and limitations of the soil maps and wetland maps relative to the intended use; and

(10) Indicate the standards of classification and mapping used.

(e) The certified soil scientist, certified wetland scientist, and apprentice shall provide services in an ethical and lawful manner, as follows:

(1) Not knowingly associate with or permit the use of the certificate holder's name or firm's name in a business venture by any person or firm which the certificate holder knows, or has reason to believe, is engaging in business or professional practices of a fraudulent or dishonest nature;

(2) Cooperate with another soil scientist or wetland scientist with an interchange of information where such interchange does not conflict with confidential matters between the soil scientist or wetland scientist and the client;

(3) Not attempt to injure another soil or wetland scientist's reputation, prospects, practice or employment;

(4) If the certificate holder has knowledge or reason to believe that another person or firm may be in violation of any of these provision or provisions of RSA 310-A:75 through RSA 310-A:96, present such information to the board in writing and cooperate with the board in furnishing such further information or assistance as may be required by the board; and

(5) Cooperate with investigations and requests for information from the board and the board's representatives.

N.H. Admin. Code § Soil 501.04

#4676, eff 9/20/1989, EXPIRED: 9-20-95

#6232, eff 4/26/1996; ss and moved by #6881, eff 11/13/1998 (from Soil 501.02); ss by #8621, eff 5/2/2006; ss by #9886-A, effective 3/11/2011, EXPIRED: 3-11-19

Amended by Number 50, Filed December 14, 2023, Proposed by #13814, Effective 1/28/2024, Expires 1/28/2034 (formerly Soil 501.03).