W. Va. Code R. § 9-1-10 - Professional Ethics

10.1. All registrants are charged with having knowledge of the Rules governing the practice of landscape architecture in this State. The Board shall notify every registrant in writing of amendments to the rules. The Board shall publish the Rules as amended on the Board's website.

10.2. The landscape architect shall conduct his or her practice in order to protect the health, safety, interest and welfare of the public in the performance of his or her professional duties. If his or her judgment is overruled under circumstances where the health, safety, interest and welfare of the public are endangered, he or she shall inform his or her employer, in writing, of the possible consequences and notify any other proper authorities of the situation, as may be appropriate.

10.3. The landscape architect shall perform his or her services only in the areas of his or her competence.

10.3.a. The landscape architect shall perform landscape architectural assignments only when qualified by education or experience in the specific technical field of professional landscape architecture involved.

10.3.b. The landscape architect may accept an assignment requiring education or experience outside his or her own field of competence, but only to the extent that his or her services are restricted to those phases of the project in which he or she is qualified. All other phases of the project shall be performed by qualified associates, consultants or employees.

10.3.c. In designing a project, the landscape architect shall take into account all applicable construction laws, zoning codes and other applicable laws or rules. The landscape architect shall not knowingly design a project in violation of the laws and rules.

10.3.d. The landscape architect shall not affix his or her signature and/or seal to any plan or document dealing with subject matter to which he or she lacks competence by virtue of education or experience to any plan or document not prepared under his or her direct supervisory control.

10.3.e. In the event a question arises as to the competence of a landscape architect to perform a landscape architectural assignment in a specific technical field which cannot be otherwise resolved to the Board's satisfaction, the Board, either upon request or by its own volition, may require him or her to submit to an appropriate examination as determined by the Board.

10.4. The landscape architect shall recognize his or her responsibility to the public and shall represent his or herself before the public only in an objective and truthful manner.

10.4.a. The landscape architect shall disclose whenever he or she is being compensated for making public Statements concerning landscape architectural issues.

10.4.b. The landscape architect shall solicit work only on the basis of his or her qualifications.

10.4.c. The landscape architect shall accurately represent to a prospective or existing client or employer the landscape architect's qualifications and clearly define the scope of his or her responsibility in connection with work for which the landscape architect is claiming responsibility.

10.4.d. If a landscape architect becomes aware of a decision made by his or her employer or clients against the landscape architect's advice which violates applicable construction laws, zoning codes or other applicable rules and that will, in the landscape architect's judgment, materially and adversely affect the public health, safety, interest and welfare, the landscape architect shall notify his or her employer or client, in writing, of the possible consequences and notify any other proper authority of the situation, as may be appropriate.

10.4.e. The landscape architect, when serving as an expert or technical witness before any court, commission or other tribunal, shall express an opinion only when it is founded upon adequate knowledge of the facts in issue, upon a background of technical competence in the subject matter and upon honest conviction of the accuracy and propriety of his or her testimony.

10.4.f. In circumstances where the landscape architect reasonably believes that other decisions will be made notwithstanding his or her objection, the landscape architect shall terminate his or her services with reference to the project.

10.4.g. The landscape architect may not deliberately make a materially false Statement or deliberately fail to disclose a material fact requested in connection with an application for licensure or renewal.

10.4.h. The landscape architect may not assist in the application for licensure of a person known by the landscape architect to be unqualified with respect to education, examination, experience or character.

10.4.i. The landscape architect possessing knowledge of a violation of this rule by another landscape architect shall report his or her knowledge to the Board.

10.5. The landscape architect shall avoid conflicts of interest with his or her employer or client, but when unavoidable, the landscape architect shall immediately disclose the circumstances to his or her employer or client.

10.5.a. The landscape architect shall promptly notify his or her employer or client of any business association interests or circumstances which could influence his or her judgment or the quality of his or her services.

10.5.b. The landscape architect shall not accept compensation, financial or otherwise, from more than one (1) party for services pertaining to the same project, unless the circumstances are fully disclosed to and agreed to by all interested parties.

10.5.c. The landscape architect may not solicit or accept financial or other valuable considerations from material or equipment manufacturers or suppliers for specifying their products.

10.5.d. The landscape architect may not solicit or accept gratuities, directly or indirectly, from contractors, their agents or other parties dealing with his or her client or employer in connection with work for he or she is responsible.

10.5.e. The landscape architect may not solicit or accept a professional contract from a governmental body on which a principal or officer of his or her firm serves as a member. Conversely, landscape architects serving as members, advisors, or employees of a governmental body or department, who are the principals or employees of a firm, may not participate in decisions with respect to professional services offered or provided by the firm to the governmental body which they serve unless their participation is approved by the West Virginia Ethics Commission.

10.5.f. The landscape architect may not offer, give, solicit or receive, either directly or indirectly, any commission, or gift, or other valuable consideration in order to secure work, and may not make any political contribution with the intent to influence the award of a contract by a public authority.

10.5.g. The landscape architect may not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice or employment of other landscape architects, nor indiscriminately criticize other landscape architects' work.

10.6. The landscape architect may not falsify or permit misrepresentation of his or her own or his or her associates' academic or professional qualifications. He or she may not misrepresent or exaggerate his or her degree of responsibility in or for the subject matter of prior assignments.

10.7. The landscape architect may not knowingly associate with or permit the use of his or her name or firm in a business venture by any person or firm which he or she knows, or has reason to believe, is engaging in business or professional practices of a fraudulent or dishonest nature.

10.8. If a landscape architect has knowledge or reason to believe that another person or firm may be in violation of any of these provisions or of W. Va. Code § 30-22-1 et seq., he or she shall present the information to the Board, in writing, and shall cooperate with the Board in furnishing any further information or assistance required by the Board.

10.9. Conviction of a felony or the revocation or suspension of a professional landscape architect's license by another jurisdiction, if for a cause which the State of West Virginia would constitute a violation of W. Va. Code § 30-22-1 et seq. or this rule, is grounds for charging a violation of this rule.

Notes

W. Va. Code R. § 9-1-10