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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 245. State Board of Licensure for Professional Engineers and Land Surveyors |
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Chapter 15. Licensure and Practice of Professional Engineers and Land Surveyors |
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Subchapter 15. Ethical Marketing of Services |
SECTION 245:15-15-3. Professional obligation in solicitation of professional employment
Latest version.
- (a) The Professional Engineer or Land Surveyor shall not supplant, nor attempt to supplant, directly or indirectly, another Professional Engineer and/or Land Surveyor in a particular engineering or land surveying project. The furnishing of informative brochures on one's self or one's firm is not considered an attempt to supplant.(b) A Professional Engineer or Land Surveyor, acting individually or through a firm, shall neither request, propose, nor accept an agreement, contract or commission for professional services on a "contingency basis" unless there is a conflicting funding requirement. For the purpose of adjudging the provisions of this section, "Contingency basis" shall be interpreted only to include:(1) The preparation of preliminary reports and/or applications for funds, where the fee involved is to be paid only after such submission or approval, or the fee is substantially below the actual cost of performing the service, or(2) Reviewing for approval preliminary reports and/or applications for funds, where the fee involved is to be paid only after such submission or approval or the fee is substantially below the actual cost of performing the service.(c) The Professional Engineer or Land Surveyor, acting individually or through a firm, shall seek professional employment from governmental clients or any entity contracted by governmental clients to furnish engineering or land surveying services, in compliance with O.S. Title 61, Sections 60-64. The Board shall have the power to reprimand, place on probation, fine, revoke or suspend the Certificate of Licensure or Certificate of Authorization of any licensee or firm who fails to comply with any provision of O.S. Title 61, Sections 60-64 in effect at the time the services were offered.(d) Licensees participating in a design/build procurement as a prime contractor or as a consultant to a builder or another professional of any tier for delivery of a project to or for the use of a governmental entity shall not have violated the provisions of OAC 245:15-15-3 by the submission of a fee or price for services prior to the licensee's selection to participate in the project.