§ 1191 - Grounds for denial, refusal; unprofessional conduct
§ 1191. Grounds for denial, refusal; unprofessional conduct
(a) Unprofessional conduct is the conduct prohibited by this section, by section 129a of Title 3 or by other statutes relating to engineering.
(b) Conduct by a professional engineer which evidences dishonesty or an unwillingness to protect the trust of engineering clients constitutes unprofessional conduct. When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of a license.
(c) Unprofessional conduct includes any of the following actions by a licensee:
(1) failing to make available, upon request of a person using engineering services, copies of documents in the possession or under the control of the licensee, when those documents have been prepared for and purchased by the user of services;
(2) signing or stamping a design or plan with which the engineer is not familiar, or negligently allowing use of the engineer's professional stamp on such a design or plan;
(3) failing to publicly display in the principal place of business a current license and renewal certificate;
(4) accepting and performing engineering responsibilities which the licensee knows or has reason to know that he or she is not competent to perform;
(5) making any material misrepresentation in the practice of engineering, whether by commission or omission;
(6) agreeing with any other person or organization, or subscribing to any code of ethics or organizational bylaws, when the intent or primary effect of that agreement, code or bylaw is to restrict or limit the flow of information concerning alleged or suspected unprofessional conduct to the board;
(7) failing to adequately supervise employees who are engaged in the practice of professional engineering; or
(8) accepting and performing engineering responsibilities which are outside the scope of engineering specialties held by the licensee. (Added 1983, No. 188 (Adj. Sess.), § 2; amended 1989, No. 250 (Adj. Sess.), § 34; 1997, No. 145 (Adj. Sess.), § 37.)