SECTION 245:15-23-7. Misconduct or dishonest practice

(a)   The following practices, among others, by a licensee, firm, or entity or person representing same, may be deemed misconduct and a violation:

(1)   Acts which evidence attempts to violate any laws or rules of this or any other state relating to licensure to practice engineering or land surveying.

(2)   Acts which evidence a disregard or indifference toward the rules or statutes governing the practice of engineering or land surveying, and codes, ordinances and other recognized standards. These regulations include, but are not limited to, those involving facilities to be constructed, structural inspections and reports, or special inspections for buildings or roadways.

(3)   Acts which evidence attempts to violate or do so violate the Statutes Regulating Professional Engineers and Land Surveyors or Rules in this Chapter or assist any other person or firm to attempt or to do so.

(4)   Acts which evidence attempts to conceal personal interests in conflict with responsibilities of service to the public or a client.

(5)   Acts which evidence, through commission or omission, a failure or refusal to reasonably communicate with the client, so that the client shall be reasonably informed of the status of any services provided or agreed to be provided by the licensee or a firm holding a Certificate of Licensure and/or Certificate of Authorization under the responsible charge of the licensee.

(6)   Acts which evidence a detriment to a client caused by a personal interest or the firm's interest, which conflicts with the responsibility, owed to the client by a licensee, or a firm, holding a Certificate of Licensure and/or Certificate of Authorization, under the responsible charge of the licensee.

(7)   Acts which evidence a failure to engage competent licensed architects, professional engineers and/or professional land surveyors when the licensee has contracted to furnish services outside of the licensee's area(s) of competence.

(b)   The following practices, among others, by a licensee, firm, or entity or person representing same, may be deemed a dishonest practice and a violation:

(1)   Acts which evidence attempts through commission or omission, to mislead or defraud any person, firm, or entity.

(2)   Acts which evidence attempts to bribe any person, firm, or entity, who may influence the selection of any licensee, firm, or entity. Kickbacks, donations or forgiveness offered or paid to gain improper advantage in selection will be considered bribes.

(3)   Acts evidenced by exaggerated, misleading, deceptive or false statements in claims about professional qualifications.

[Source: Added at 10 Ok Reg 2211, eff 6-11-93; Amended at 18 Ok Reg 3023, eff 7-12-01; Amended at 19 Ok Reg 2029, eff 7-11-02; Amended at 23 Ok Reg 896, eff 5-11-06; Amended at 35 Ok Reg 1231, eff 9-14-18]