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24.153.2301    UNPROFESSIONAL CONDUCT

(1) In addition to the provisions of 37-1-316 , MCA, and for the purpose of implementing Title 37, chapter 1, part 3, MCA, the board defines the following as unprofessional conduct:

(a) failure to disclose and obtain the written permission of all interested parties when compensation for services will be accepted from more than one party on a project;

(b) failure to disclose in writing to a client, any business association or direct or indirect financial interest which is substantial enough to influence the licensee's professional judgment in connection with the performance of services to a client;

(c) soliciting or accepting compensation from material or equipment suppliers in return for specifying or endorsing the material or equipment;

(d) failure to impartially interpret a building contract document as between the parties;

(e) misrepresentation to a prospective or existing client by the licensee of the licensee's qualifications and scope of responsibility in connection with the work for which the licensed landscape architect claims credit;

(f) revealing information obtained in the course of their professional activities which they have been asked to maintain in confidence or which could adversely affect the interests of another. Unique exceptions to this rule would include situations where a landscape architect stops an act creating harm, a significant risk to the public health, safety and welfare which cannot otherwise be prevented, establishing claims or defenses on behalf of licensees or an order to comply with applicable law and regulations;

(g) signing or attaching a seal to drawings, specifications, reports or other professional work for which the landscape architect does not have direct professional knowledge;

(h) failure to comply with the provisions of Title 37, chapter 66, MCA, or any rule promulgated thereunder.

History: 37-1-319, MCA; IMP, 37-66-202, MCA; NEW, 1997 MAR p. 35, Eff. 1/17/97; TRANS, from Commerce, 2002 MAR p. 1498.

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