RELATES TO:
KRS
323.408(1),
323.412
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
323.210(2) authorizes the
board to promulgate administrative regulations necessary to carry out the
purposes of KRS Chapter 323.
KRS
323.406(4) authorizes the
board to promulgate administrative regulations to establish a process regarding
the use of a certified interior designer's signature.
KRS
323.408(1) requires the
board to administer and enforce the laws governing certified interior
designers. This administrative regulation establishes what constitutes
misconduct, and fraudulent or dishonest activity for certified interior
designers.
Section 1. Misconduct. The
following acts by a certified interior designer shall be "misconduct":
(1) Accepting compensation for interior
design services from an entity other than his or her client or employer, unless
the client or employer has notice and has waived objection;
(2) Offering or making a payment or gift to a
government official, whether elected or appointed, with the intent to influence
official judgment in connection with a prospective or existing
project;
(3) Offering or making a
payment or gift, as an individual certified interior designer or as a
participating member of a partnership or corporation, to an elected
governmental official, candidate for governmental office, or the campaign of a
candidate for governmental office, if the payment or gift is a violation of
federal or state campaign finance law;
(4) Having a court judgment entered, as
described at
KRS
323.412;
(5) Offering or making a gift, except a gift
of nominal value, including, for example, reasonable entertainment and
hospitality, with the intent to influence the judgment of an existing or
prospective client in connection with a project in which the certified interior
designer has an interest;
(6)
Having a financial interest in the manufacture, sale, or installation of a
component or process used in a project for which he or she is the certified
interior designer, unless the client has been advised and has waived
objection;
(7) Publicly endorsing a
product, system, or service, or permitting the use of his or her name or
photograph to imply endorsement of a product, system, or service not designed
or developed by him or her; and
(8)
Claiming to be the author of a plan, print, building specification, or report,
or affixing his or her name to a drawing, which has not been prepared by the
certified interior designer or an employee under the supervision of the
certified interior designer.
Section
2. Fraudulent or Dishonest Activity. In addition to the
prohibitions in
KRS
323.412, the following practices by a
certified interior designer shall be "fraudulent or dishonest behavior":
(1) Making untrue or deceitful statements or
representations to the board;
(2)
Bribing a person who may influence the selection of a certified interior
designer;
(3) Willfully misleading
or defrauding a person employing him or her as a certified interior
designer;
(4) Willful violation of:
(a) A Kentucky or other state law relating to
the title of certified interior designer; or
(b) An administrative regulation promulgated
by the board; and.
(5)
Using, or attempting to use, or working under, a certificate that has been
suspended or revoked or which has not been renewed as required by
law.
