24.114.2301 UNPROFESSIONAL CONDUCT

(1) Violation of any of these standards by a licensee constitutes unprofessional conduct and is grounds for disciplinary action:

(a) being incompetent or negligent, or using any practice or procedure in the practice of the profession which creates an unreasonable risk of physical harm or serious financial loss to the client or to the public;

(b) practicing beyond the scope of knowledge and expertise of the licensee as defined by law;

(d) failing to supervise the work of another whereby the supervisor has both responsible control over and detailed professional knowledge of the work prepared under the supervisor's supervision;

(e) accepting compensation for professional services from more than one party on a project, unless the circumstances are fully disclosed to and agreed to in writing by all interested parties;

(f) soliciting or accepting compensation from material or equipment suppliers in return for specifying or endorsing their products;

(g) performing professional services with or after acquiring a conflict of interest that is not fully disclosed and waived in writing by all parties;

(h) misrepresenting to a prospective or existing client or employer the licensee's qualifications and the scope of responsibility in connection with work for which the licensee is claiming credit or being compensated;

(i) offering or making any gifts, other than gifts of nominal value (including, for example, reasonable entertainment and hospitality), with the intent of influencing the judgment of an existing or prospective client in connection with a project in which the licensee is interested;

(j) making public statements on professional questions, without disclosing that the licensee is being compensated for making such statements;

(k) knowingly injuring or attempting to injure, falsely or maliciously, directly or indirectly, the professional reputation, prospects or practice of another licensed architect or landscape architect;

(l) representing the work of others as the licensee's own;

(m) using or altering material prepared by another person without the knowledge and consent of that person;

(n) performing professional services which have not been authorized by the client or the client's legal representative;

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

(p) signing or attaching a seal to drawings, specifications, reports, or other professional work for which the licensee does not have responsible control or direct professional knowledge;

(q) failure to comply with the continuing education requirement;

(r) failure to comply with the deadline and documentation reporting requirement of a CE audit;

(s) failing to respond to correspondence from the board or to comply with orders of the board;

(t) willfully making or filing false reports or records; and

(u) failure to comply with the provisions of Title 37, chapter 65 or chapter 66, MCA, or these rules.

History: 37-1-131, 37-1-319, MCA; IMP, 37-1-131, 37-1-316, MCA; NEW, Eff. 7/5/74; AMD, 1978 MAR p. 1487, Eff. 10/27/78; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1987 MAR p. 253, Eff. 3/13/87; AMD, 1990 MAR p. 583, Eff. 3/30/90; AMD, 1995 MAR p. 352, Eff. 3/17/95; AMD, 1996 MAR p. 3210, Eff. 12/20/96; AMD, 1998 MAR p. 449, Eff. 2/13/98; AMD, 2000 MAR p. 2298, Eff. 8/25/00; TRANS, from Commerce, 2002 MAR p. 173; AMD, 2006 MAR p. 1381, Eff. 6/2/06; AMD, 2009 MAR p. 413, Eff. 4/17/09; AMD, 2014 MAR p. 2013, Eff. 9/5/14; AMD, 2017 MAR p. 2076, Eff. 11/10/17; AMD, 2019 MAR p. 1052, Eff. 7/27/19.