N.J. Admin. Code § 13:40-3.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:40-3.5 - Enumeration of prohibited acts

(a) Misconduct in the practice of professional engineering or professional land surveying shall include, without limitation:

1. Acting for his or her client or employer in professional matters otherwise than as a faithful agent or trustee; accepting any remuneration other than his or her stated recompense for services rendered.

2. Disregarding the safety, health and welfare of the public in the performance of his or her professional duties: preparing or signing and sealing plans, surveys or specifications which are not of a safe design and/or not in conformity with accepted standards. If the client or employer insists on such conduct, the licensee shall notify the proper authorities and withdraw from further service on the project.

3. Advertising in violation of 13:40-3.3.

4. Engaging in any activity that involves him or her in a conflict of interest, including without limitation:

i. A licensee shall inform his or her client or employer of any business connection, interest, or circumstance that might be deemed as influencing his or her judgment or the quality of his or her services to the client or employer.

ii. When in public service as a member, advisor, or employee of a governmental agency, a licensee shall not participate in the deliberations or actions of such agency with respect to services rendered, or to be rendered, by the licensee or any firm or organization with which he or she is associated in private practice.

iii. A licensee shall not solicit or accept a professional contract from a governmental agency upon which a principal, officer, or employee of his or her firm or organization serves as a member, advisor, or employee.

iv. A licensee shall not accept compensation or remuneration, financial or otherwise, from more than one interested party for the same service or for services pertaining to the same work, unless there has been full disclosure to and consent by all interested parties.

v. A licensee shall not accept compensation or remuneration, financial or otherwise, from service, material, or equipment suppliers for specifying their services or products.

vi. A licensee shall not compensate or remunerate, financially or otherwise, any party for specifying that licensee's services to the exclusion of other licensees.

vii. A licensee shall not accept commissions or allowances, directly or indirectly, from contractors or other persons dealing with his client or employer in connection with work for which he is responsible to the client or employer.

5. Affixing his or her signature and seal to any plans, specifications, plats or reports or surveys which were not prepared by him or her or under his or her supervision by his or her employees or subordinates.

6. Failure to comply with Federal, state or local laws, rules or regulations relating to the practice of the profession.

7. Permitting or allowing any person not appropriately licensed pursuant to 45:8-27 et seq. or this chapter to act for or on behalf of the licensee as his representative, surrogate or agent while appearing before any public or private body for the purpose of rendering professional engineering or professional land surveying services.

8. Failure to determine and document the identity of the client prior to commencing any work. All correspondence, contracts, bills shall be addressed to that client, unless expressly directed otherwise, in writing, by the client.

9. Failure to keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.

10. Failure to explain a matter to the extent reasonably necessary to permit the client to make informed decisions.

11. Failure of a licensee to respond in writing within 30 days to a written communication from the State Board of Professional Engineers and Land Surveyors with respect to any investigative inquiry relating to the possible violation of any statute or regulation administered by the Board, and to make available any relevant records with respect to such an inquiry. The 30-day period shall begin on the day when such communication was sent from the Board by certified mail with return receipt requested to the address appearing on the last registration.

12. Rendering engineering or land surveying services and/or professional opinions when not qualified by training, education and experience in the specific discipline of professional engineering and/or professional land surveying that is involved.

13. Engaging in any activity which results in suspension, revocation or surrender of a professional license or certification in another jurisdiction.

14. Failure to comply with the requirements set forth in 13:40-5.1(d) and 5.2 concerning the waiver of the setting of corner markers.

N.J. Admin. Code § 13:40-3.5

Amended by 52 N.J.R. 46(a), effective 1/6/2020