Conn. Agencies Regs. § 22a-133v-6 - Rules of Professional Conduct
Current through March 4, 2022
(a)
Definitions
As used in this section, the term licensed environmental professional or licensee shall also include all individuals placed on an interim list of environmental professionals pursuant to section 22a-133v of the Connecticut General Statutes.
(b)
General
(1) In order to establish and maintain a high
standard of integrity, skills and practice in the environmental profession and
to safeguard the environment and the health, safety, property, and welfare of
the public, the following rules of professional conduct shall apply to every
licensed environmental professional. The Board may conduct investigations
regarding the professional conduct of any licensee.
(2) Each licensee and applicant shall be
deemed to be thoroughly familiar with all the provisions of this
section.
(3) This section shall
apply to all professional services provided by a licensee in Connecticut, even
if a license issued pursuant to section
22a-133v
of the Connecticut General Statutes is not required to provide such
services.
(c)
Professional Competency
(1) In
providing professional services, a licensee shall act with reasonable care and
diligence and shall apply the knowledge and skill of a licensee in good
standing practicing in the applicable field at the time such services are
performed.
(2) A licensee may
perform professional services only when qualified by education or experience,
and only to the extent such services involve activities with respect to which
such licensee is so qualified. In rendering professional services, a licensee
may rely, in part, upon the advice of one or more persons whom such licensee
determines are qualified by education or experience to the extent that such
reliance is consistent with the common and accepted practice of a licensed
environmental professional.
(d)
Professional Conduct
(1) In the rendering of professional
services, a licensee shall, at all times, hold paramount the health, safety and
welfare of the public and the environment.
(2) In rendering professional services, a
licensee shall at all times:
(A) Exercise
professional judgment;
(B) Follow
the requirements and procedures set forth in the applicable provisions of
sections
22a-133o,
22a-133x,
22a-133y
and
22a-134a
of the Connecticut General Statutes, sections
22a-133k-1 through
22a-133k-3,
inclusive, sections
22a-133v-1 through
22a-133v-8,
inclusive, and 22a-133q-1 of the Regulations of Connecticut State Agencies, and
any other statute, regulation, permit or other license, approval, or order of
the Board or the Commissioner; and
(C) Make a good faith and reasonable effort
to identify and obtain the relevant data and other information evidencing
conditions at a parcel and identify and obtain such additional data and other
information as necessary to discharge such licensee's obligations under
sections
22a-133o,
22a-133x
and
22a-133y
and
22a-134a
of the Connecticut General Statutes, and sections
22a-133v-1 through
22a-133v-8,
inclusive, and 22a-133q-1 of the Regulations of Connecticut State
Agencies.
(3) If after
rendering professional services at a parcel, a licensee learns that a condition
at such parcel, relevant data or other information which existed at the time
such services were rendered, leads to a conclusion or recommendation contrary
to, or significantly different from, the one previously expressed by such
licensee, such licensee shall promptly:
(A)
Notify his or her client in writing of such, and
(B) Notify the Commissioner if such
conclusion or recommendation was expressed to the Commissioner in a
verification or other document pertaining to a verification.
(4) A licensee shall not allow the
use of his name by, or associate in a business venture with, any person or firm
which such licensee knows or reasonably should know is engaging in fraudulent
business or professional practices.
(5) A licensee shall not, whether orally or
in writing, falsify, omit or misrepresent relevant facts concerning such
licensee's:
(A) Past accomplishments or the
academic or other qualifications of such licensee; and
(B) Employers, employees, associates, joint
ventures and their past accomplishments or academic or professional
qualifications.
(6) A
licensee or applicant shall cooperate fully in an investigation conducted by
the Commissioner or the Board.
(7)
No licensee whose license has expired, and any other individual who does not
have a license, shall render or offer to render professional services or
represent himself as being a licensed environmental professional.
(e)
Conflict of
Interest
(1) A licensee shall not
accept monetary or other compensation or render professional services,
pertaining to a parcel, from persons having or potentially having conflicting
or potentially conflicting interests, unless such licensee fully discloses in
writing to each such person such conflict or potential conflict and each such
person agrees in writing to utilize the services of such licensee
notwithstanding such conflicting or potentially conflicting
interests.
(2) A licensee shall not
permit any person, other than an employer, partner, employee, or associate in a
professional firm, to share in the fees for professional services such licensee
renders or will render, unless the fee splitting arrangement between such
licensee and any other person has been fully disclosed to and agreed to in
writing by the client engaging the services of such licensee.
(3) A licensee shall conscientiously avoid a
conflict or potential conflict of interest with such licensee's client, but
when unavoidable shall immediately upon learning of such conflict or potential
conflict, fully disclose in writing to the client the nature and source of such
conflict or potential conflict. If the conflict or potential conflict is
irresolvable, such licensee shall terminate the rendering of professional
services to such client.
(4) A
licensee shall not be involved in any way, or in any way attempt to influence,
the making of a decision by a public body on which such licensee serves
regarding any work such licensee or such licensee's firm has been retained to
perform.
(5) A licensee shall not
directly or indirectly solicit or accept a gift, loan or other benefit other
than a fee from any person, including, but not limited to a client, contractor,
or subcontractor if such benefit:
(A)
Influences, or reasonably gives the appearance that it could influence the
judgment or findings of such licensee; or
(B) Could give rise to the appearance of a
conflict or impropriety.
(6) A licensee shall not solicit or accept a
contract to render professional services for or from a public body on which he
or she serves as a member, employee, or advisor. Such licensee shall not
participate as a member, advisor, or employee of a public body with respect to
actions or deliberations which pertain to services provided to such body by
such licensee.
(7) A licensee shall
not affix, or allow his or her seal to be affixed, on a verification for a
parcel in which his or her employer has a financial interest, exclusive of
professional services fees.
(8) A
licensee shall not offer, directly or indirectly, to give to a person, except
to a full time employee of such licensee or of such licensee's employer, or a
public body any commission, political contribution, loan, gift or other
consideration in order to secure work.
(f)
Contingent Fees
A licensee shall not solicit, offer or render professional services pursuant to any contingent fee arrangement.
Notes
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