Current through Register Vol. 38, No. 18, March 15, 2024
(a)
A soil scientist shall conduct his practice in order to protect the public
health, safety, life and welfare. The soil scientist shall at all time
recognize his primary obligation to protect the life, safety, health, and
welfare of the public in the performance of his professional duties.
(b) A soil scientist shall perform his
services only in areas of his competence and:
(1) shall undertake to perform assignments
only when qualified by education or experience in the specific technical field
of soil science involved.
(2) shall
not affix his signature or seal to any document dealing with subject matter to
which he lacks competence by virtue of education or experience, nor to any such
plan or document not prepared under his direct supervisory control except that
the soil scientist may affix his seal and signature to documents depicting the
work of two or more professionals provided he designates by note under his seal
the specific subject matter for which he is responsible.
(c) A soil scientist shall issue public
statements only in an objective and truthful manner and:
(1) shall be completely objective and
truthful in all professional reports, statements or testimony. He shall include
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 knowledge of the facts in
issue, upon a background of technical competence in the subject matter, and
upon conviction of the accuracy and propriety of his testimony.
(3) shall issue no statements, criticisms, or
arguments on soil science matters connected with public policy which are
inspired or paid for by an interested party, or parties unless he has prefaced
his comment by identifying himself, by disclosing the identities of the parties
on whose behalf he is speaking, and by revealing the existence of any pecuniary
interest he may have in the instant matters.
(4) shall not attempt to injure, maliciously
or falsely, directly or indirectly, the professional reputation, prospects,
practice or employment of another soil scientist, nor shall he criticize
another soil scientist's work in public. If he believes that another soil
scientist is guilty of misconduct or illegal practice, he shall present such
information to the North Carolina Board for Licensing of Soil
Scientists.
(d) A soil
scientist shall avoid conflicts of interest and:
(1) shall promptly inform his employer or
client of any business association, interest, or circumstances, which could
influence his judgment or the quality of his services.
(2) shall not solicit or accept financial or
other valuable considerations from material or equipment suppliers for
specifying their products without full disclosure.
(3) shall not solicit or accept gratuities,
directly or indirectly, from contractors, their agents, or other parties
dealing with his client or employer in connection with work for which he is
responsible.
(4) when in public
service as a member, advisor, or employee of a governmental body or department,
the soil scientist shall abstain from voting on matters involving services
provided by him or his organization in private soil science
practices.
(5) shall not solicit or
accept a contract from a governmental body on which a principal or officer of
his organization serves as a member without full disclosure to affected
parties.
(6) shall not attempt to
supplant another soil scientist in a particular employment after becoming aware
that the other has been selected for the employment.
(e) A soil scientist shall solicit or accept
work only on the basis of his qualifications and:
(1) shall compete for professional employment
on the basis of qualification and competence for proper accomplishment of the
work. He 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.
(2) shall not falsify or
permit misrepresentation of his, or his associates', academic professional
qualification. He shall not misrepresent or exaggerate his 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, joint ventures,
or his or their past accomplishments with the intent and purpose of enhancing
his qualifications and his work.
(3) shall not knowingly associate with or
permit the use of his name or firm name in a business venture by any person or
firm which he knows, or has reasons to believe, is engaging in business or
professional practices of a fraudulent or dishonest nature.
(4) if the soil scientist has knowledge or
reason to believe that another person or firm may be in violation of any of
these provisions or of the North Carolina Soil Scientist Licensing Act, he
shall present such information to the Board and shall cooperate with the Board
in furnishing such further information or assistance as may be required by the
Board.
(f) A soil
scientist whose professional registration is revoked or suspended by another
jurisdiction, shall be subject to disciplines by the Board if the registrant's
actions violate G.S. 89F or the rules in this Chapter. Conviction of a felony
without restoration of civil rights, or the revocation or suspension of the
license of a soil scientist by another jurisdiction, if for a cause which in
the State of North Carolina would constitute a violation of G.S. 89F or of
these Rules, shall be grounds for a charge of violation of the rules in this
Chapter.
Authority
G.S.
89F-17;
Temporary Adoption Eff.
May 15, 1996;
Eff. April 1, 1997;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. December 16,
2014.