N.J. Admin. Code § 13:27-8.19

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:27-8.19 - Rules of professional conduct

(a) If, in the course of his or her work on a project, a licensed landscape architect becomes aware of a decision taken by his or her employer or client, against the licensed landscape architect's advice, which violates applicable Federal, State, county or municipal building laws and regulations and which would, in the licensed landscape architect's exercise of reasonable judgment, materially and adversely affect the health, safety and welfare of the public, the licensed landscape architect shall notify the employer or the client of such consequences and such other public authority as may be appropriate in the situation.

(b) A licensed landscape architect may accept an assignment or employment requiring education or experience outside of his or her field of competence, but only to the extent that the services are restricted to those phases of the project in which he or she may, without undue cost or hardship to the client, reasonably become qualified. All other phases of such project shall be performed by qualified associates, consultants or employees in conformance with the statutes and rules governing their respective professions.

(c) A licensed landscape architect shall not affix a personal signature or seal to any plan or document dealing with subject matter in which there is a lack of competence by virtue of education or experience, nor to any such plan or document not prepared under his or her direct supervision and control.

(d) A licensed landscape architect shall be completely objective and truthful in all professional reports, statements or testimony and shall include all relevant and pertinent information.

(e) When issuing any statements, criticisms or arguments on matters connected with public policy that are inspired or paid for by an interested party, or parties, a licensed landscape architect shall preface such comments by explicit personal identification, by disclosing the identity of the party or parties on whose behalf he or she is speaking, and by revealing the existence of any pecuniary interest he or she may have in the instant matters.

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

(g) A licensed landscape architect shall not solicit or accept financial or other valuable considerations from material or equipment suppliers for specifying their products unless such consideration is disclosed to the client.

(h) A licensed landscape architect shall not solicit or accept gratuities or anything of value not related to work performed, directly or indirectly from contractors, their agents or other parties dealing with his or her client or employer in connection with work for which he or she is responsible.

(i) When in public service as a member, advisor or employee of a governmental body or department, a licensed landscape architect shall not participate in considerations or actions with respect to services provided by the individual or the individual's professional organization in private practice.

(j) A licensed landscape architect shall not solicit or accept a contract from a government body on which a principal or officer of his or her organization serves as a member.

(k) A licensed landscape architect shall not offer to pay, either directly or indirectly, any commission, political contribution, gift or other consideration in order to secure or retain work, exclusive of securing positions through employment agencies.

(l) A licensed landscape architect shall not falsify or permit misrepresentation of academic or professional qualifications. He or she shall not misrepresent or exaggerate degrees of responsibility in or for the subject matter of prior assignments. Brochures or other presentations incident to the solicitation of employment shall not misrepresent pertinent facts concerning employers, employees, associates, joint ventures or past accomplishments with the intent and purpose of enhancing his or her qualifications and work.

(m) A licensed landscape architect shall not knowingly associate with or permit the use of a personal name or firm name 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 or is otherwise engaging in unlawful activities.

(n) All advertisements and public representations of licensees, which make specific reference to service as a "landscape architect" shall list the name and license number of the licensed landscape architect. If the licensee conducts the practice under a corporation or trade name, the advertisement/public representation may list the business name under which the practice is conducted but shall also conspicuously disclose the name and license number of at least one of the principal practitioners.

1. Licensed landscape architects, whose advertisements/listings in a telephone or other consumer information directory do not comply with this requirement, shall immediately notify the directory publisher of the additional data which shall be published in the next available directory in which the licensed landscape architect intends to continue such advertisement/listing. The licensee, personally or through the business entity, shall retain a copy of the notification which shall be made available for inspection at Board request.

(o) If a licensed landscape architect has knowledge or reason to believe that another person or firm may be in violation of any of these provisions, he or she shall present such information to the Board in writing and shall cooperate with the Board in furnishing such further information or assistance as may be required by the Board.

N.J. Admin. Code § 13:27-8.19

Amended by R.2005 d.303, effective 9/6/2005.
See: 37 N.J.R. 869(a), 37 N.J.R. 3424(a).
Added "certified" preceding "landscape architect" throughout section; rewrote (n).
Amended by R.2011 d.197, effective 8/1/2011.
See: 42 N.J.R. 2208(a), 43 N.J.R. 1882(a).
Substituted "licensed" for "certified" throughout; in (a), substituted "State" for "state"; in (b), deleted a comma following "consultants"; in (c), deleted "and/" preceding "or seal"; in (e), substituted "that" for "which"; in (h), deleted a comma following "agents"; in ( l), deleted a comma following "ventures"; in the introductory paragraph of (n), substituted "licensees," for "certificate holders", "license" for "certificate" twice and "licensee" for "certificate holder", and deleted the last sentence; and in (n)1, substituted "licensee," for "certificate holder;".