N.J. Admin. Code § 7:3A-8.2

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

Section 7:3A-8.2 - Canons of professional ethics and standards of conduct applicable to licensees

(a) The canons of professional ethics and standards of conduct for licensees is set forth in this section. A licensee shall:

1. Adhere to the highest standards of integrity, honesty, and skill to inspire and instill public trust and confidence;

2. Remain reasonably informed about current advances in technology and arboricultural techniques, practice, and standards of practice within the professional community;

3. Honestly and accurately describe to prospective clients the likely results of contemplated services, to the extent reasonably necessary to permit a client to make an informed decision regarding the retention of services;

4. Undertake to perform professional services only when he or she, together with those who may be engaged as consultants, are qualified by education, training, and experience in the specific scope of contractual obligations and technical areas involved;

5. Base expert testimony on information found in publications typically relied upon in the profession and/or well-accepted standards and practices of the profession;

6. Maintain a high regard for the safety, health, and welfare of the general public in the performance of his or her professional duties;

7. Render professional services in a manner that is not misleading, false, fraudulent, or grossly negligent;

8. When making any public statement on an arboricultural matter disclose when he or she is being compensated for making such statements; and

9. Accurately disclose his or her qualifications to prospective clients for any contracted work, if asked.

(b) Failure to abide by the canons of professional ethics and standards of conduct set forth in (a) above shall result in suspension or revocation of the offender's license, refusal by the Board to renew the offender's license or to admit the individual to sit for a licensing examination as set forth at N.J.A.C. 7:3A-9.4 and 9.5, and/or imposition of civil administrative penalties as set forth at N.J.A.C. 7:3A-9.6(a).

(c) Wrongful conduct in the practice of professional services by licensees includes:

1. Handling or neglecting to handle professional services in such a manner that the conduct constitutes gross negligence, malpractice, or gross incompetence;

2. Exhibiting a pattern or repeated acts of neglect, negligence, malpractice, or incompetence in the performance of professional services;

3. Engaging in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise, or false pretense in the performance of professional services;

4. Using or approving the use of false, fraudulent, or deceptive advertising;

5. Charging a fee for work not done or hours not spent in the performance of professional services; or

6. Failing to comply with a standard set forth at N.J.A.C. 7:3A-8.1(a) or (b).

(d) Engaging in wrongful conduct shall result in suspension or revocation of the offender's license, refusal by the Board to renew the offender's license or to admit the individual to sit for a licensing examination for licensure as set forth at N.J.A.C. 7:3A-9.4 and 9.5, and/or imposition of civil administrative penalties as set forth at N.J.A.C. 7:3A-9.6(a).

N.J. Admin. Code § 7:3A-8.2

Adopted by 49 N.J.R. 743(a), effective 4/17/2017