SECTION 55:10-15-5. Gross incompetence

  Architects and Landscape Architects have been licensed under the authority of the Act that establishes minimum competence. Licensees are expected to continue their professional development after licensing, improving and increasing their proficiency and skills as required through fulfillment of continuing education requirements. The Board expects each Licensee or Entity to undertake only those professional assignments he/she or it is qualified to perform and lawfully authorized to undertake. The following practices, among others may be deemed gross incompetence:

(1)   Failure to use due diligence and proper restraint in planning and observation procedures, thus endangering the safety and welfare of the public.

(2)   Failure to engage other licensed design professionals, competent and authorized through this or other Oklahoma statutes to practice in related planning disciplines, when the Architect or Landscape Architect is otherwise responsible for obvious technical or tactical error jeopardizing the success or safety of the project, the public, the client and/or contractor.

(3)   Failure to clearly, accurately and completely develop plans, drawings, specifications and other instruments of service in practice that properly qualify the requirements intended and insure against misunderstandings jeopardizing the client and/or contractor.

(4)   Failure to use diligence and available counsel in preparing documents for the protection of a client in construction agreements involving the Licensee's responsibility.

(5)   Practicing architecture or landscape architecture while mentally impaired.

[Source: Amended at 16 Ok Reg 1333, eff 5-27-99; Amended at 19 Ok Reg 2555, eff 7-15-02; Amended at 24 Ok Reg 815, eff 5-11-07]