(continued)
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(2) The geologist shall avoid all known conflicts of interest
with his employer or client, and shall promptly inform his employer or
client of any business association, interest, or circumstances which could
influence his judgment or the quality of his services.
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(3) The geologist 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 those parties.
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(4) The geologist shall not solicit or accept financial or
other valuable considerations from material or equipment suppliers for
specifying their products.
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(5) The geologist shall not solicit or accept substantial
gratuities, directly or indirectly, from contractors, their agents, or
other parties dealing with his client or employer in connection with work
for which he is responsible.
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(6) When in public service as a member, advisor, or employee
of a governmental body or department, the geologist shall not participate
in considerations or actions with respect to services provided by him or
his organization in private geological practices.
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(7) The geologist shall not solicit or accept a geologic
contract from a governmental body on which a principal or officer of his
business serves as a member.
(g) The geologist shall solicit or accept work only on the
basis of his qualifications:
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(1) The geologist shall not offer to pay, either directly
or indirectly, any commission, political contribution, gift, or other consideration
in order to secure work, exclusive of securing salaried positions through
employment agencies.
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(2) The geologist shall compete for professional employment
on the basis of qualification and competence for proper accomplishment
of the work. He shall not solicit or submit proposals for professional
services containing a false, fraudulent, misleading, deceptive, or unfair
statement or claim regarding the cost, quality or extent of services to
be rendered.
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(3) The geologist shall not falsify or permit misrepresentation
of his, or his associates', academic or professional qualifications. He
shall not misrepresent or exaggerate his degree 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, joint ventures, or his or their
past accomplishments with the intent and purpose of enhancing his qualifications
and those of his work associates.
(h) The geologist shall associate only with reputable persons
or organizations:
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(1) The geologist shall not knowingly associate with or permit
the use of his name or firm name in a business venture by any person or
firm which he knows, or has reason to believe, is engaging in business
or professional practices of a fraudulent or dishonest nature.
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(2) If the geologist has knowledge or reason to believe that
another person or firm may be in violation of any of these provisions or
of the North Carolina Geologist Licensing Act, he shall present such information
to the Board and furnish such further information or assistance as may
be required by the Board.
(i) Conviction of a felony without restoration of civil rights,
or the revocation or suspension of the license of a geologist by another
jurisdiction, if for a cause which in the State of North Carolina would
constitute a violation of G.S. 89E or of these rules, shall be grounds
for a charge of violation of these Rules and may result in the revocation
of the certificate of licensure or corporate registration issued by this
Board and the imposition of a civil penalty not to exceed five thousand
dollars ($5,000).
History Note: Authority G.S. 89E-5; 89E-16;
Temporary Adoption Eff. November 24, 1999;
Eff. August 1, 2000.
21 NCAC 21 .1102 RULES OF CONDUCT
OF ADVERTISING
(a) The geologist shall not make exaggerated, misleading,
deceptive or false statements or claims about his
professional qualifications, experience or performance
in his brochures, correspondence, listing, or other public communications.
(b) The prohibitions listed in this Rule include, but
are not limited to, the use of statements containing a material misrepresentation
of fact or omitting a material fact necessary to keep the statement from
being misleading; statements intended or likely to create an unjustified
expectation; statements containing prediction of future success; or statements
containing an opinion as to the quality of services.
(c) Consistent with the foregoing, the geologist may
advertise for recruitment of personnel.
(d) Consistent with the foregoing, the geologist may
prepare articles for the lay or technical press. Such articles shall not
imply credit to the author for work performed by others.
History Note: Authority G.S. 89E-5; 89E-16;
Temporary Adoption Eff. November 24, 1999;
Eff. August 1, 2000.
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