Current through Register 2024 Notice Reg. No. 38, September 20, 2024
To protect and safeguard the health, safety, welfare, and property
of the public, every person who is licensed by the Board as a professional land
surveyor or professional civil engineer legally authorized to practice land
surveying, including licensees employed in any manner by a governmental entity or in
private practice, shall comply with this Code of Professional Conduct. A violation
of this Code of Professional Conduct in the practice of professional land surveying
constitutes unprofessional conduct and is grounds for disciplinary action pursuant
to Section 8780 of the Code. This Code of Professional Conduct shall be used for the
sole purpose of investigating complaints and making findings thereon under Section
8780 of the Code.
(a) Compliance with Laws
Applicable to a Project:
A licensee shall provide professional services for a project in a
manner that is consistent with the laws, codes, ordinances, rules, and regulations
applicable to that project. A licensee may obtain and rely upon the advice of other
professionals (e.g., architects, attorneys, professional engineers, professional
land surveyors, and other qualified persons) as to the intent and meaning of such
laws, codes, and regulations.
(b)
Conflict of Interest:
(1) If a licensee provides
professional services for two or more clients on a project or related projects, the
licensee shall disclose in writing to those clients and property owners or their
authorized representatives his or her relationship to those clients.
(2) If a licensee has a business association or a
financial interest which may influence his or her judgment in connection with the
performance of professional services, the licensee shall fully disclose in writing
to his or her client(s) or employer(s) the nature of the business association or the
financial interest.
(3) A licensee shall
not solicit or accept payments, rebates, refunds, or commissions, whether in the
form of money or otherwise, from contractors or suppliers of material, systems, or
equipment in return for specifying their products to a client or employer of the
licensee.
(4) A licensee, while engaged
by a governmental agency as an officer, employee, appointee, agent, or consultant of
that agency shall not engage in a professional land surveying business or activity
that may be subject to that licensee's direct or indirect control, inspection,
review, audit, or enforcement on behalf of that agency, unless the circumstances are
disclosed to and approved by that agency in writing prior to such
engagement.
(c)
Representations:
(1) A licensee shall not
misrepresent his or her qualifications to a prospective or existing client or
employer.
(2) A licensee shall not
misrepresent to a prospective or existing client the licensee's scope of
responsibility in connection with projects or services for which the licensee is
receiving or will receive compensation from that client.
(3) A licensee shall not misrepresent his or her
scope of responsibility in connection with projects or services for which the
licensee is claiming credit.
(4) A
licensee shall not misrepresent nor permit the misrepresentation of his or her
professional qualifications, or affiliations or the affiliations or purposes of the
institutions, organizations, or other businesses with which he or she is
associated.
(5) When providing
information in connection with a person's application for a license to practice
professional land surveying, a licensee shall accurately represent his or her
knowledge of the applicant's qualifications.
(6) A licensee may advertise or solicit for any
services for which he or she is authorized by licensure.
(7) A licensee shall only express professional
opinions that have a basis in fact or experience or accepted land surveying
principles.
(8) A licensee shall
attribute proper credit to others for their professional work or professional
contribution.
(9) A licensee shall not
knowingly permit the publication or use of his or her data, reports, maps, or other
professional documents for unlawful purposes.
(10) A licensee shall not falsely or maliciously
injure or attempt to injure the reputation or business of others.
(11) A licensee shall not misrepresent data and/or
its relative significance in any professional land surveying
report.
(d) Confidential
Information:
Confidential information obtained by a licensee, in his or her
professional capacity, concerning a client, employer, or other related party shall
not be disclosed by the licensee without the permission of the client, employer, or
other related party except for the following:
(1) Disclosures made in response to an order of
the court or to a subpoena or summons enforceable by an order of the
court.
(2) Disclosures made in an
adjudicatory proceeding.
(3) Disclosures
made in response to an official inquiry from a governmental regulatory
agency.
(4) Disclosures made when
required by law.
(5) Disclosures made
upon discovering a hazard within the licensee's field of professional expertise
which may threaten the health, safety, and welfare of the public.
(6) Disclosures made when providing evidence to
the Board regarding other licensees or unlicensed individuals who may have violated
the Professional Land Surveyors' Act.
(7) Disclosures made regarding illegal conduct.
As used in this section, "confidential information" means
information identified as confidential by the licensee's client, employer, or other
related party.
(e)
Document Submittal:
(1) A licensee shall not
misrepresent the completeness of the professional documents he or she submits to a
governmental agency.
(2) A licensee
shall not misrepresent the completeness of the professional documents he or she
prepared to his or her client or to other involved parties.
1. New section
filed 6-4-2003; operative 7-4-2003 (Register 2003, No. 23).
2. Amendment
of subsection (c)(8) filed 1-17-2014; operative 4-1-2014 (Register 2014, No.
3).
Note: Authority cited: Section
8710,
Business and Professions Code. Reference: Sections
8710
and
8780,
Business and Professions Code.
