Current through Register 2024 Notice Reg. No. 12, March 22, 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.
