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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 23. Violations |
SECTION 245:15-23-5. Gross negligence
Latest version.
- (a) The Professional Engineer or Land Surveyor is responsible for many professional, technical, ethical and tactical judgments relating to planning, surveys, reports, studies, inspections, designs, plans and specifications, construction materials, methods, techniques and systems processes. The licensee's education, training and experience, or the education, training and experience of the licensee in responsible charge of the services of any Firm, should enable such licensee to make such determinations with confidence in a successful result.(b) Each licensee, firm, entity, or person representing same, shall exercise prudent and deliberate consideration in decisions, made only after responsible and thorough investigation, research and, when necessary, expert advice and assistance.(c) When the results from such decisions are not reasonably predictable, each licensee, firm, entity, or person representing same, shall so advise the client, and fully disclose the implications involved.(d) When such decisions require procedures, techniques, materials, or systems unfamiliar to the planning, design and/or construction team involved, the licensee, firm, entity, or person representing same shall exercise additional care and attention to the process, advancing the result sought.(e) The Board may deem acts, errors and/or omissions to be gross negligence if, in the judgement of the Board, a licensee, firm, entity, or person representing same, fails to discharge its duties, obligations and responsibilities, under 59 O.S., Sections 475.1 et seq. and the Rules of the Board, so as to evidence carelessness in reckless disregard for the safety, property or lives of others, or is so great it appears to be a conscious violation of other people's property or rights to health, safety or welfare, as described in (b)-(d) in this subchapter.