16 Tex. Admin. Code § 68.76 - Standards of Conduct
(a) Competency. A
registered accessibility specialist shall ensure compliance, be knowledgeable
of, and adhere to the Act , the TAS, and this chapter. A registered
accessibility specialist shall exercise reasonable judgment and skill in the
performance of plan reviews, inspections, and related activities.
(b) Integrity. A registered accessibility
specialist shall not:
(1) be deceitful or
make misrepresentations, whether by acts of commission or omission, in the
performance of plan review, inspection, and related activities; or
(2) commit acts or practices that constitute
threats, coercion, or extortion.
(c) Conflict of Interest.
(1) If a registered accessibility specialist
has any business association or financial interest which might reasonably
appear to influence the individual's judgment in connection with the
performance of a professional service and thereby jeopardize an interest of the
registered accessibility specialist 's current or prospective client or
employer, the registered accessibility specialist shall promptly inform the
client or employer in writing of the circumstances of the business association
or financial interest.
(2) A
registered accessibility specialist shall not solicit or accept, directly or
indirectly, any financial or other valuable consideration, material favor, or
other benefit of any substantial nature, financial or otherwise, from more than
one party in connection with a single project or assignment unless the
circumstances are fully disclosed in writing to all parties.
(3) A registered accessibility specialist
shall not perform plan reviews, inspections, or related activities, such as
preliminary plan reviews or pre-construction site assessments, while also
providing consulting or other professional services on the same registered
project. Non-design related review services are not consulting or professional
services for the purposes of this section.
(d) Specific Rules of Conduct. A registered
accessibility specialist shall not:
(1)
participate, whether individually or in concert with others, in any plan,
scheme, or arrangement attempting or having as its purpose the evasion of any
provision of the Act , the rules, or the TAS;
(2) knowingly furnish inaccurate, deceitful,
or misleading information to the department , a building owner , or other person
involved in a plan review, inspection, or related activity;
(3) state or imply that the department will
approve a variance;
(4) engage in
any activity that constitutes dishonesty, misrepresentation, or fraud while
performing a plan review, inspection, or related activity;
(5) perform a plan review, inspection, or
related activity in a negligent or incompetent manner;
(6) perform a plan review, inspection, or
related activity on a building or facility in which the registered
accessibility specialist is an owner , either in whole or in part, or an
employee of a full or partial owner ;
(7) perform a plan review, inspection, or a
related activity on a building or facility that is or will be leased or
occupied by an agency of the State of Texas, when the registered accessibility
specialist is an employee of the state agency that will occupy the
facility ;
(8) perform a plan
review, inspection, or related activity on a building or facility wherein the
registered accessibility specialist participated in creating the overall design
of the current project; or
(9)
represent himself or herself as an employee of the department or as a person
hired by the department .
Notes
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