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purpose of the ARK CODE ANNO. 17-30-101 ET. SEQ. And ARK CODE ANNO. 17-48-101 ET. SEQ.
Which is to safeguard life, health, and property, to promote the public welfare and to
maintain a high standard of integrity and practice, the Arkansas State Board of
Registration for Professional Engineers and Land Surveyors has developed the following
Rules of Professional Conduct. These rules shall be binding on every person holding a
Certificate of Registration to offer or perform engineering or land surveying services in
this state. All persons registered under the ARK CODE ANNO. 17-30-101 ET SEQ. And ARK CODE
ANNO. 17-48-101 ET SEQ are required to be familiar with the registration Statute and these
Rules. The Rules of Professional Conduct delineate specific obligations the registrant
must meet. In addition, each registrant is charged with the responsibility of adhering to
standards of highest ethical and moral conduct in all aspects of the practice of
Professional Engineering and Land Surveying. The practice of Professional Engineering
and Land Surveying is a privilege. All registrants shall exercise their privilege of
practicing by performing services only in the areas of their competence according to
current standards of technical competence.
Registrants shall recognize their responsibilities to the public and shall represent
themselves before the public only in an objective and truthful manner.
They shall avoid conflicts of interest and faithfully serve the legitimate interest of
their employers, clients and customers within the limits defined by these Rules. Their
professional reputation shall be built on the merit of their services and they shall not
compete unfairly with others.
The Rules of Professional Conduct as promulgated herein are enforced under powers
vested by the Arkansas State Board of Registration for Professional Engineers and Land
Surveyors and the Rules of the Board. In these Rules, the word "registrant"
shall mean any person holding a license or a certificate issued by the Arkansas State
Board of Registration for Professional Engineers and Land Surveyors. |
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| I. |
REGISTRANT’S
OBLIGATION TO SOCIETY |
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A. |
Registrants, in the performance
of their services for clients, employers and customers, shall be cognizant that their
first and foremost responsibility is to the public welfare. |
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B. |
Registrants shall approve and
seal only those design documents and surveys that conform to accepted engineering and land
surveying standards and safeguard the life, health, property and welfare of the public. |
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C. |
Registrants shall notify their
employer or client and such other authority as may be appropriate when their professional
judgement is overruled under circumstances where the life, health, property and welfare of
the public is endangered. |
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D. |
Registrants shall be objective
and truthful in professional reports, statements or testimony. They shall include all
relevant and pertinent information in such reports, statements or testimony. |
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E. |
Registrants shall express a
professional opinion publicly only when it is founded upon an adequate knowledge of the
facts and a competent evaluation of the subject matter. |
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F. |
Registrants shall issue no
statements, criticisms or arguments on technical matters which are inspired or paid for by
interested parties, unless they explicitly identify the interested on whose behalf they
are speaking and reveal any interest they have in the matters. |
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G. |
Registrant shall not permit the
use of their name or firm name by, nor associate in business ventures with, any person or
firm which is engaging in fraudulent or dishonest business or professional practices. |
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H. |
Registrants having knowledge of
possible violations of any of these Rules of Professional Conduct shall provide the Board
information and assistance necessary to the final determination of such violation. |
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I. |
Registrants that are salespersons
for or who represent a particular product or system shall qualify any public statement
made concerning their product or system. |
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| II. |
REGISTRANT’S
OBLIGATION TO EMPLOYER, CLIENTS AND CUSTOMERS |
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A. |
Registrants shall undertake
assignments only when qualified by education or experience in the specific technical
fields of engineering or land surveying is involved. |
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B. |
Registrants shall not affix their
signatures or seals to any plans or documents dealing with subject matter in which they
lack competence, nor to any such plan or document not prepared under their direct control
and personal supervision. |
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C. |
Registrants may accept
assignments for coordination of an entire project, provided that each design segment is
signed and sealed by the registrant responsible for preparation of that design segment. |
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D. |
Registrants shall not reveal
confidential facts, data or information obtained in a professional capacity without the
prior consent of the client or employer except as authorized or required by law. |
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E. |
Registrants shall not solicit or
accept financial or other valuable consideration, directly or indirectly, from
contractors, their agents or other parties in connection with work for employers or
clients. |
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F. |
Registrants shall make full prior
disclosures to their employers or clients of potential conflicts of interest or other
circumstances which could influence or appear to influence their judgement or the quality
of their service. |
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G. |
Registrants shall not accept
compensation, financial or otherwise, from more than one party for services pertaining to
the same project, unless the circumstances are fully disclosed and agreed to by all
interested parties. |
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H. |
Registrants shall not solicit or
accept a professional contract from a governmental body on which a principle or officer of
their organization serves as a member. Conversely, registrants serving as members,
advisors, or employees of a governmental body or department, who are the principals or
employees of a private concern, shall not participate in decisions with respect to
professional services offered or provided by said concern to the governmental body which
they serve. |
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| III. |
REGISTRANT’S
OBLIGATION TO OTHER REGISTRANTS |
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A. |
Registrants shall not falsify or permit misrepresentation of their, or their associates; academic or professional qualifications. They shall not misrepresent or exaggerate their degree of responsibility in prior assignments nor the complexity of said assignments. Presentations incidental to the solicitation of employment or business shall not misrepresent pertinent facts concerning employers, employees, associates, joint ventures or past accomplishments. |
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B. |
Registrants shall not offer, give, solicit or receive, either directly or indirectly, any commission, gift, or other valuable consideration in order to secure work, and shall not make any political contribution with the intent to influence the award of a contract by a public authority. |
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C. |
Registrants shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects practice or employment of other registrants, nor indiscriminately criticize other registrant's work. |
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D. |
Registrants who are aware of any alleged violations of the Law, Rules of the Board, or these Rules of Professional Conduct by a fellow registrant may counsel with that registrant to determine the facts. If correction is not made the registrant shall report the violation to the Board and other proper authorities.
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