Current through Register Vol. 39, No. 6, September 16, 2024
(a) In
order to safeguard the life, health, property and welfare of the public and to
establish and maintain a high standard of integrity, skills, and practice in
the professions of engineering and land surveying, the Rules of Professional
Conduct in this Rule are adopted in accordance with
G.S.
89C-20 and are binding upon every person
holding a certificate of licensure as a Professional Engineer or Professional
Land Surveyor (licensee), and on all business entities authorized to offer or
perform engineering or land surveying services in this state. All persons
licensed under the provisions of Chapter 89C of the General Statutes are
charged with having knowledge of the Board Rules, including the Rules of
Professional Conduct, and are deemed to be familiar with their provisions and
to understand them.
(b) A
licensee's practice shall not violate the rules of this Chapter or G.S. 89C and
shall be conducted in a manner to protect the public health, safety, and
welfare. The licensee shall at all times recognize the primary obligation to
protect the public in the performance of their professional duties. If the
licensee's engineering or land surveying judgment is overruled under
circumstances where the safety, health and welfare of the public are
endangered, the licensee shall inform the employer, the client, the contractor,
other affected parties and any appropriate regulatory agency of the possible
consequences of the situation.
(c)
A licensee shall perform services only in areas of the licensee's competence
and:
(1) Shall undertake to perform
engineering and land surveying assignments only when qualified by education or
experience in the specific technical field of professional engineering or land
surveying involved;
(2) May accept
an assignment or project requiring education or experience outside of the
licensee's own areas of competence, but only to the extent that the services
are restricted to those portions or disciplines of the assignment in which the
licensee is qualified. All other portions or disciplines of such assignment
shall be performed by associates, consultants, or employees who are licensed
and competent in those portions or disciplines.
(d) A licensee shall not affix his or her
signature or seal to any engineering or land surveying plan or document for
which the licensee was not in responsible charge of the work through direct
control and personal supervision. In order to exercise responsible charge of
engineering or surveying work, either when delegating tasks to others, in
circumstances where a licensee in responsible charge of the work is unavailable
to complete the work, or the work is a design plan signed and sealed by an
out-of-jurisdiction licensee (not a site adaptation of a standard design plan
under Rule
21 NCAC
56 .1106), the licensee must possess full
professional knowledge of and control over the work and shall:
(1) Have and exercise the authority to review
and to change, reject or approve both the work in progress and the final work
product, through examination, evaluation, communication and direction
throughout the development of the work;
(2) Be personally aware of the scope of the
work, its needs, parameters, limitations and special requirements;
(3) Be capable of answering questions
relevant to the surveying or engineering decisions made as part of the services
provided, in sufficient detail to demonstrate knowledge of the proficiency in
the work; and
(4) Accept full
responsibility for the work.
(A) The burden
for demonstrating responsible charge lies with the licensee, including
maintaining records, calculations, drawings, surveys, specifications, and other
documents associated with the work.
(B) A licensee may affix his or her seal and
signature to drawings and documents depicting the work of two or more
professionals, provided it is designated by a note under the seal stating the
specific subject matter for which each is responsible.
(e) A licensee shall issue public
statements only in an objective and truthful manner and:
(1) Shall be objective and truthful in all
professional reports, statements or testimony. The licensee shall include all
relevant and pertinent information in such reports, statements or
testimony;
(2) When serving as an
expert or technical witness before any court, commission, or other tribunal,
shall express an opinion only when it is founded upon adequate knowledge of the
facts in issue, upon a background of technical competence in the subject
matter, and upon honest conviction of the accuracy and propriety of the
licensee's testimony;
(3) Shall
issue no statements, criticisms, or arguments on engineering or land surveying
matters connected with public policy which are inspired or paid for by an
interested party, or parties, unless the licensee has prefaced the comment by
explicitly identifying the licensee's name, by disclosing the identities of the
party or parties on whose behalf the licensee is speaking, and by revealing the
existence of any pecuniary interest the licensee may have in the matters;
and
(4) Shall not attempt to
injure, maliciously or falsely, directly or indirectly, the professional
reputation, prospects, practice or employment of another engineer or land
surveyor, nor indiscriminately criticize another engineer or land surveyor's
work in public. Indiscriminate criticism includes statements without valid
basis or cause, that are not objective and truthful, or that fail to include
all relevant and pertinent information. If the licensee believes that another
engineer or land surveyor is guilty of misconduct or illegal practice, such
information shall be presented to the North Carolina Board of Examiners in the
form of a complaint.
(f)
A licensee shall avoid conflicts of interest and:
(1) Shall inform the employer or client, and
any reviewing agency, of any business association, interests, or circumstances
which could influence judgment or the quality of services;
(2) Shall not accept compensation, financial
or otherwise, from more than one party for services on the same project, or for
services pertaining to the same project, unless the circumstances are disclosed
to, and agreed to, in writing, by all interested parties;
(3) Shall not solicit or accept financial or
other valuable considerations from material or equipment suppliers for
specifying their products;
(4)
Shall not solicit or accept gratuities, directly or indirectly, from
contractors, their agents, or other parties dealing with the client or employer
in connection with work for which the licensee is responsible;
(5) When in public service as a member,
advisor, or employee of a governmental body or department, shall not
participate in considerations or actions with respect to services provided by
the licensee or the licensee's firm in private engineering and land surveying
practices;
(6) Shall not solicit or
accept an engineering or land surveying contract from a governmental body on
which a principal or officer of the licensee's firm serves as a member;
and
(7) Shall not attempt to
supplant another engineer or land surveyor in a particular employment after
becoming aware that the other has been selected for the employment.
(g) A licensee shall solicit or
accept work only on the basis of qualifications and:
(1) Shall not offer to pay, either directly
or indirectly, any commission, political contribution, gift, or other
consideration in order to secure work, exclusive of securing salaried positions
through employment agencies;
(2)
Shall compete for employment on the basis of professional qualification and
competence to perform the work. The licensee shall not solicit or submit
proposals for professional services containing a false, fraudulent, misleading,
deceptive or unfair statement or claim regarding the cost, quality or extent of
services to be rendered;
(3) Shall,
with regard to fee bidding on public projects, comply with the provisions of
G.S.
143-64.31 et seq., (or for federal projects,
the Brooks Act, 40 U.S. Code 541 et seq.) and shall not knowingly cooperate in
a violation of any provision of
G.S.
143-64.31 et seq. (or of 40 U.S. Code 541 et
seq.); and
(4) Shall not falsify or
permit misrepresentation of academic or professional qualifications and shall
only report educational qualifications when a degree or certificate was
awarded, unless it is stated that no degree or certificate was awarded. The
licensee shall not misrepresent degree of responsibility in or for the subject
matter of prior assignments. Brochures or other presentations incident to the
solicitation of employment shall not misrepresent pertinent facts concerning
employers, employees, associates, joint ventures, or past accomplishments with
the intent and purpose of enhancing qualifications and work.
(h) A licensee shall perform
services in an ethical manner, as required by the Rules of Professional Conduct
(21 NCAC
56 .0701), and in a lawful manner and:
(1) Shall not knowingly associate with or
permit the use of the licensee's name or firm name in a business venture by any
person or firm which the licensee knows, or has reason to believe, is engaging
in business or professional practices of a fraudulent or dishonest nature or is
not properly licensed; and
(2) If
the licensee has knowledge or reason to believe that another person or firm may
be in violation of the Board Rules (21 NCAC 56) or of the North Carolina
Engineering and Land Surveying Act (G.S. 89C), shall present such information
to the Board in writing in the form of a complaint and shall cooperate with the
Board in furnishing such further information or assistance as may be required
by the Board. The licensee shall timely respond to all inquiries and
correspondence from the Board and shall timely claim correspondence from the U.
S. Postal Service, or other delivery service, sent to the licensee from the
Board. Timely is defined as within the time specified in the correspondence, or
if no time is specified, within 30 days of receipt. Certified mail is timely
claimed if prior to being returned by the Post Office to the Board
office.
(i) A Professional
Engineer or Professional Land Surveyor who has received a reprimand or civil
penalty or whose professional license is revoked, suspended, denied, refused
renewal, refused reinstatement, put on probation, restricted, or surrendered as
a result of disciplinary action by another jurisdiction is subject to
discipline by the Board if the licensee's action constitutes a violation of
G.S. 89C or the rules adopted by the Board.
Authority
G.S.
89C-17;
89C-20;
Eff. February
1, 1976;
Readopted Eff. September 29, 1977;
Amended
Eff. September 1, 2011; May 1, 2009; August 1, 2002; August 1, 2000; August 1,
1998; November 2, 1992; April 1, 1989; January 1, 1982; March 1,
1979;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. April 27,
2019.
