Current through Register Vol. XLI, No. 40, October 4, 2024
Section 23-5-8 - Unethical PracticesIn addition to the reasons for suspension or revocation of a license set forth in W. Va. Code §§ 30-1-1 et seq. or 30-13A-1 et seq., any licensee who has committed any of the following unethical practices may be subject to disciplinary action by the Board:
8.1. Failing or refusing to comply with any provision of W. Va. Code § 30-13A-1 et seq. or any rule promulgated by the Board or any request, order or final decision of the Board. For the purposes of this subsection:8.1.a. If any licensee orders, counsels, encourages, incites, supports, helps, or assists another person to fail or refuse to comply with any statutory provision, rule, request, order or final decision; or,8.1.b. After the failure or refusal, if a licensee helps or assists the other person to avoid detection of the failure or refusal, then the licensee is considered to have also failed or refused to comply;8.2. Failing to respond within thirty (30) days to written communications from the Board and to make available any records relevant to an inquiry or complaint about the licensee's professional conduct. The thirty (30) day period begins on the date when the communication was sent by the Board by certified mail with return receipt requested to the last known address of the surveyor;8.3. Accepting, paying, or offering to pay, either directly or indirectly, any gift, bribe, or other consideration to make an improper survey;8.4. Associating with any survey project known by the licensee to be fraudulent or dishonest in character;8.5. Reviewing the work of another surveyor for the same client, except with the knowledge of the surveyor, or unless the contractual relationship of the surveyor and the client has been terminated;8.6. Using advertising that is false, fraudulent, deceptive, misleading or unlawful; or8.7. Accepting and undertaking to perform survey services which the surveyor is not competent to perform without obtaining qualified associates, consultants or employees, or failing to directly supervise the work of subordinates in performing these services.