(a) By applying for or continuing licensure or certification, all licensees and trainees agree to comply with and uphold the following Code of Professional Conduct wherever they are professionally employed or practice geology before the public: - (i) A licensee or trainee shall not submit any materially false statements or fail to disclose any material facts requested in connection with the application for or renewal of a license or certificate;
- (ii) A licensee or trainee shall not engage in fraud, deceit, misrepresentation, or concealment of material facts in advertising, soliciting or providing professional services to members of the public;
- (iii) A licensee shall not knowingly seal, sign and date any reports, maps, or other documents not:
- (A) Prepared by the licensee;
- (B) Prepared under the licensee's responsible charge or direct supervision; or
- (C) Reviewed thoroughly and technically by the licensee.
- (iv) A licensee or trainee shall not knowingly violate any federal or state statute concerning bribery;
- (v) A licensee or trainee shall comply with all federal, state, and local laws, codes, ordinances, or regulations pertaining to their professional practice. A licensee or trainee shall not provide any professional services in violation of any such laws, codes, ordinances, or regulations;
- (vi) A licensee or trainee 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 his professional practice;
- (vii) A licensee or trainee shall not knowingly accept an assignment where the duty to a client or the public would conflict with their 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;
- (viii) Licensees and trainees shall not accept compensation for services related to the same project or professional engagement from more than one private party without making full disclosure to all parties involved and obtaining the express written consent of all parties involved;
- (ix) Licensees and trainees who serve governmental or quasi-governmental organizations or departments, or are board members of any organization which receives government funds as members, advisors, or employees shall recuse themselves from any conflict of interest decision and act in the best interest of that organization;
- (x) A licensee or trainee shall not perform professional services or issue professional advice which is outside of the scope of their education and experience or that of their professional associates, consultants, or employees.
- (xi) A licensee shall make full disclosure to all parties concerning:
- (a) any transaction involving payments to any person for the purpose of securing a contract, assignment, or engagement, except for actual and substantial technical assistance in preparing the proposal; or
- (b) any monetary, financial, or beneficial interest the licensee may hold in a contracting firm or other entity providing goods or services, other than the licensee's professional services, to a project or engagement;
- (xii) A licensee shall not solicit, receive, or accept compensation from material, equipment, or other product or service suppliers for specifying or endorsing their products, goods, or services to any client or other person without full written disclosure to all parties;
- (xiii) If a licensee's professional judgment is overruled or not adhered to under circumstances where a serious threat to the public health, safety, or welfare results or would result, the licensee shall immediately notify the client or employer. If the client or employer does not take appropriate remedial action within a reasonable amount of time under the circumstances, the licensee shall notify the appropriate public officials and the Board of the specific nature of the public threat;
- (xiv) A licensee or trainee shall not use, directly or indirectly, any confidential information obtained from or in the course of performing services for an employer or client in any way that is adverse or detrimental to the interest of the employer or client, except with the prior consent of the employer or client or when disclosure is required by law.
- (xv) Licensees and trainees shall respect the rights, interests and contributions of their professional colleagues. They shall acknowledge the professional contributions of their colleagues and give due credit for work done by others. They shall not knowingly accept credit due another, plagiarize another in oral or written communications, or use materials prepared by others without appropriate attribution.
(b) Failure to comply with any provision of this section shall be deemed to be evidence of gross negligence, incompetence, or other misconduct.
Amended, Eff. 11/16/2015.