Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.114 - BOARD OF ARCHITECTS AND LANDSCAPE ARCHITECTS
Subchapter 24.114.23 - Unprofessional Conduct
Rule 24.114.2301 - UNPROFESSIONAL CONDUCT
Universal Citation: MT Admin Rules 24.114.2301
Current through Register Vol. 18, September 20, 2024
(1) Violation of any of these standards by a licensee constitutes unprofessional conduct and is grounds for disciplinary action:
(a) being
incompetent or negligent, or using any practice or procedure in the practice of
the profession which creates an unreasonable risk of physical harm or serious
financial loss to the client or to the public;
(b) practicing beyond the scope of knowledge
and expertise of the licensee as defined by law;
(c) failing to comply with applicable
federal, state, and local building laws and regulations;
(d) failing to supervise the work of another
whereby the supervisor has both responsible control over and detailed
professional knowledge of the work prepared under the supervisor's supervision;
(e) accepting compensation for
professional services from more than one party on a project, unless the
circumstances are fully disclosed to and agreed to in writing by all interested
parties;
(f) soliciting or
accepting compensation from material or equipment suppliers in return for
specifying or endorsing their products;
(g) performing professional services with or
after acquiring a conflict of interest that is not fully disclosed and waived
in writing by all parties;
(h)
misrepresenting to a prospective or existing client or employer the licensee's
qualifications and the scope of responsibility in connection with work for
which the licensee is claiming credit or being compensated;
(i) offering or making any gifts, other than
gifts of nominal value (including, for example, reasonable entertainment and
hospitality), with the intent of influencing the judgment of an existing or
prospective client in connection with a project in which the licensee is
interested;
(j) making public
statements on professional questions, without disclosing that the licensee is
being compensated for making such statements;
(k) knowingly injuring or attempting to
injure, falsely or maliciously, directly or indirectly, the professional
reputation, prospects or practice of another licensed architect or landscape
architect;
(l) representing the
work of others as the licensee's own;
(m) using or altering material prepared by
another person without the knowledge and consent of that person;
(n) performing professional services which
have not been authorized by the client or the client's legal representative;
(o) failure to disclose in writing
to a client any business association or direct or indirect financial interest
that is substantial enough to influence the licensee's professional judgment in
connection with the performance of services to a client;
(p) signing or attaching a seal to drawings,
specifications, reports, or other professional work for which the licensee does
not have responsible control or direct professional knowledge;
(q) failure to comply with the continuing
education requirement;
(r) failure
to comply with the deadline and documentation reporting requirement of a CE
audit;
(s) failing to respond to
correspondence from the board or to comply with orders of the board;
(t) willfully making or filing false reports
or records; and
(u) failure to
comply with the provisions of Title 37, chapter 65 or chapter 66, MCA, or these
rules.
AUTH: 37-1-131, 37-1-319, MCA; IMP: 37-1-131, 37-1-316, MCA
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