Or. Admin. R. 820-020-0030 - Obligation of Registrants and Applicants to Act in Professional Matters for Each Employer or Client as Faithful Agents or Trustees, and to Avoid Conflicts of Interest

Current through Register Vol. 61, No. 4, April 1, 2022

(1) For purposes of this section, "applicant" means an applicant who is registered in another jurisdiction.

(2) Registrants and applicants for registration or certification shall act for each employer or client as faithful agents or trustees and at all times strive to serve the public interest.

(3) Registrants and applicants for registration or certification shall disclose all known or potential conflicts of interest to their employers or clients by promptly informing them, in writing, of any business association, interest, or other circumstances that could influence or appear to influence their judgment or the quality of their services. For purposes of this rule, a "conflict of interest" includes, but is not limited to, an interest in any property or any other thing of value, other than their compensation from that employer, that is related in any way to or potentially affected by the services that the registrant provides.

(4) Registrants and applicants for registration or certification shall not be influenced in their professional duties by conflicting interests.

(5) A registrant or applicant for registration or certification shallnot accept compensation, financial or otherwise, directly or indirectly, from more than one party for services on the same property, or for services pertaining to the same project, unless the circumstances are fully disclosed and agreed to by all parties, in writing. For the purposes of this subsection, forgiveness of debt is considered compensation.

(6) A registrant or applicant for registration or certification who is a member, advisor or employee of a governmental body shall not participate in decisions made by that governmental body with respect to professional services solicited from or provided by that individual or a business or firm that employs the individual or in which the individual holds an ownership interest and through which the individual offers or provides professional services. This subsection does not apply to County Surveyors carrying out their duties under ORS 209.070(5) and (6).

(7) A registrant or applicant for registration or certification may not solicit or accept employment or a contract for professional services from a governmental body for which that individual's associate is a member or officer unless the individual discloses all pertinent facts and circumstances of the individual's relationship to the individual's associate and the governmental body provides written consent. For purposes of this rule, an "individual's associate" refers to an individual's employer or an owner or officer of a business or firm that employs the individual or in which the individual holds an ownership interest and through which the individual offers or provides professional services.

Notes

Or. Admin. R. 820-020-0030

EE 2-1981, f. 5-19-81, ef. 6-1-81; BEELS 1-1998, f. & cert. ef. 2-10-98; BEELS 2-2006, f. & cert. ef. 11-21-06; BEELS 3-2016, f. & cert. ef. 2/16/2016; BEELS 2-2020, amend filed 05/19/2020, effective 5/19/2020

Statutory/Other Authority: ORS 670.310 & 672.255

Statutes/Other Implemented: ORS 672.002 - 672.325