037-5 Wyo. Code R. § 5-1

Current through April 27, 2019
Section 5-1 - Rules of Professional Conduct

(a) All license holders shall comply with the following standards, requirements, or procedures:

  • (i) A license holder shall not submit any materially false statements or fail to disclose any material facts requested in connection with an application for licensure or in connection with a board investigation or inspection;
  • (ii) A license holder shall not engage in fraud, deceit, misrepresentation, concealment of material facts, or failure to disclose a material fact in advertising, soliciting or providing services to members of the public;
  • (iii) A license holder shall not engage in fraud, deceit, misrepresentation, concealment of material facts, or failure to disclose a material fact in providing information to the State Engineer's Office or the Board.
  • (iv) A license holder shall not misrepresent or provide false information on any form submitted to the State Engineer's Office or the Board.
  • (v) A license holder shall comply with all federal, state, and local building, fire, safety, and real estate and any other laws, codes, ordinances, or regulations pertaining to the license holder's professional practice. A license holder shall not provide any services in violation of any such laws, codes, ordinances, or regulations;
  • (vi) A license holder shall not knowingly commit bribery as prescribed in W.S. 6-5-102 or violate any federal statute concerning bribery;
  • (vii) A license holder shall not violate any state or federal criminal statute involving fraud, misrepresentation, embezzlement, theft, forgery or breach of fiduciary duty, where the violation is related to the license holder's professional practice;
  • (viii) A license holder shall apply the technical knowledge and skill which would be applied by other qualified license holders who practice the same profession;
  • (ix) All licensees shall notify the Board, on forms established by the Board, of any intent to drill a well or install a pump in a newly constructed well or well repair requiring the withdrawal of casing, five business days prior to commencement.
  • (x) A license holder shall not accept an assignment where the duty to a client or the public would conflict with the license holder's personal interest or the interest of another client without full disclosure of all material facts of the potential conflict to each person who might be related to or affected by the project or engagement in question;
  • (xi) Except as otherwise provided by law, code, ordinance, or regulation, a license holder may act as the prime contractor for a given project and select collaborating contractors; however, the license holder shall perform only those services for which the license holder is qualified;
  • (xii) A license holder shall not provide services as a water well drilling contractor as defined in Chapter 1, Section 3(k) or a water well pump installation contractor as defined in Chapter 1, Section 3(m) if not covered under a three hundred thousand dollar ($300,000.00) or greater general liability policy;
  • (xiii) A license holder shall report any change of employer or change of address to the Board Office no later than two weeks after the change occurs;
  • (xiv) A license holder overseeing the job and assuming liability for the water well drilling or water well pump installation shall have direct communication with the water well drilling or water well pump installation site during all drilling or pump installation operations, and;
  • (xv) A license holder shall provide information requested by the Board regarding a complaint, investigation, or inspection in a timely manner and no later than as requested by the Board.
  • (xvi) A license holder shall cooperate with any inspection deemed necessary by the board to enforce compliance with the water well minimum construction standards and related rules and regulations promulgated by the State Engineer's Office, or as part of a complaint or investigation.

(b) Failure to comply with any provision of this section shall be deemed to be evidence of gross negligence, incompetence, or other misconduct.

037-5 Wyo. Code R. § 5-1

Amended, Eff. 4/7/2015.

Amended, Eff. 9/1/2015.