A-E 8.05(1)(a) (a) Shall avoid conflicts of interest. If an unavoidable conflict of interest arises, the registrant shall immediately inform the client or employer of all the circumstances which may interfere with or impair the registrant's obligation to provide professional services. Under these circumstances a registrant may not proceed to provide professional services without the full approval and consent of the client or employer.
A-E 8.05(1)(b) (b) Shall notify the employer or client and withdraw from employment at any time if it becomes apparent that it is not possible to faithfully discharge the responsibilities and duties owed to the client or employer.
A-E 8.05(1)(c) (c) May not agree to perform professional services for a client or employer if the registrant has a significant financial or other interest which would impair or interfere with the registrant's responsibility to faithfully discharge professional services on behalf of the client or employer.
A-E 8.05(1)(d) (d) May not accept payment from any party other than a client or employer for a particular project or may not have any direct or indirect financial interest in a service or phase of a service to be provided as part of a project unless the employer or client approves.
A-E 8.05(1)(e) (e) May not solicit or accept anything of value from material or equipment suppliers in return for specifying or endorsing a product.
A-E 8.05(1)(f) (f) May not violate the confidences of a client or employer, except as otherwise required by rules in this chapter.
A-E 8.05(1)(g) (g) May not perform services for a client or employer while a full-time employee of another employer without notifying all parties concerned.
A-E 8.05(2) (2) Nothing in these rules limits a registrant's professional responsibility to an owner of a project when the registrant is employed by a person or firm under contract to construct and furnish design services for that project.
A-E 8.05 History History: Cr. Register, February, 1987, No. 374, eff. 3-1-87; am. (1) (intro.), Register, June, 1995, No. 474, eff. 7-1-95; am. (1) (a) to (f), Register, January, 1999, No. 517, eff. 2-1-99; am. (1) (intro.), Register, February, 2000, No. 530, eff. 3-1-00.
A-E 8.06 A-E 8.06 Professional obligations. An architect, landscape architect, professional engineer, designer or land surveyor:
A-E 8.06(1) (1) Shall use reasonable care and competence in providing professional services.
A-E 8.06(2) (2) May not evade the professional or contractual responsibility which the registrant has to a client or employer.
A-E 8.06(3) (3) May not enter into an agreement which provides that a person not legally and actually qualified to perform professional services has control over the registrant's judgment as related to public health, safety or welfare.
A-E 8.06 History History: Cr. Register, February, 1987, No. 374, eff. 3-1-87; am. (intro.), Register, June, 1995, No. 474, eff. 7-1-95; am. (1) and (2), Register, January, 1999, No. 517, eff. 2-1-99; am. (intro.), Register, February, 2000, No. 530, eff. 3-1-00.
A-E 8.07 A-E 8.07 Unauthorized practice. An architect, landscape architect, professional engineer, designer, or land surveyor:
A-E 8.07(1) (1) Shall assist in enforcing laws which prohibit the unlicensed practice of architecture, landscape architecture, professional engineering, designing, and land surveying by reporting violations to the board.
A-E 8.07(2) (2) May not delegate professional responsibility to unlicensed persons and may not otherwise aid or abet the unlicensed practice of architecture, landscape architecture, professional engineering, designing, or land surveying.
A-E 8.07 Note Note: Sections 443.02 (2) and (3), Stats., were amended by 2009 Wis. Act 123 to include landscape architects within their scopes. Section A-E 8.07 (intro.) will be modified in future rule-making by the Board.
A-E 8.07 History History: Cr. Register, February, 1987, No. 374, eff. 3-1-87; am. Register, June, 1995, No. 474, eff. 7-1-95; am. (1), Register, January, 1999, No. 517, eff. 2-1-99; am. Register, February, 2000, No. 530, eff. 3-1-00; CR 12-039: am. (intro.), (1), (2) Register June 2014 No. 702, eff. 7-1-14.
A-E 8.08 A-E 8.08 Maintenance of professional standards. An architect, landscape architect, professional engineer, designer or land surveyor:
A-E 8.08(1) (1) Shall furnish the board with information indicating that any person or firm has violated provisions in ch. 443, Stats., rules in this chapter or other legal standards applicable to the profession.
A-E 8.08(2) (2) May not discuss with any individual board member any disciplinary matter under investigation or in hearing.
A-E 8.08(3) (3) Shall respond in a timely manner to a request by the board, a section of the board or the department for information in conjunction with an investigation of a complaint filed against a registrant. There is a rebuttable presumption that a registrant who takes longer than 30 days to respond to a request for information has not acted in a timely manner.
A-E 8.08(4) (4) Shall notify the department in writing if the registrant has been disciplined for unprofessional conduct in other states where the registrant holds a credential or has violated federal or state laws, local ordinances or administrative rules, not otherwise reportable under s. SPS 4.09 (2), which are related to the practice of an architect, landscape architect, professional engineer, designer or land surveyor. The notification shall be submitted within 48 hours of the disciplinary finding or violation of law and shall include copies of the findings, judgments and orders so that the department may determine whether the circumstances are substantially related to the practice of the registrant.
A-E 8.08 History History: Cr. Register, February, 1987, No. 374, eff. 3-1-87; am. (intro.), Register, June, 1995, No. 474, eff. 7-1-95; am. (1), Register, January, 1999, No. 517, eff. 2-1-99; am. (intro.), Register, February, 2000, No. 530, eff. 3-1-00; CR 09-034: cr. (3) and (4) Register December 2009 No. 648, eff. 1-1-10; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.
A-E 8.09 A-E 8.09 Adherence to statutes and rules. An architect, landscape architect, professional engineer, designer or land surveyor:
A-E 8.09(1) (1) Shall comply with the requirements in ch. 443, Stats., rules in this chapter and all other federal, state and local codes which relate to the practice of architecture, landscape architecture, professional engineering, designing and land surveying.
A-E 8.09(2) (2) May not engage in conduct that may adversely affect his or her fitness to practice architecture, landscape architecture, professional engineering, designing or land surveying.
A-E 8.09 History History: Cr. Register, February, 1987, No. 374, eff. 3-1-87; am. Register, June, 1995, No. 474, eff. 7-1-95; am. (1), Register, January, 1999, No. 517, eff. 2-1-99; am. Register, February, 2000, No. 530, eff. 3-1-00.
A-E 8.10 A-E 8.10 Plan stamping.
A-E 8.10(1)(1) No architect, landscape architect, professional engineer or designer may sign, seal or stamp any plans, drawings, documents, specifications or reports for architectural, landscape architectural, professional engineering or design practice which are not prepared by the registrant or under his or her personal direction and control.
A-E 8.10(2) (2) No land surveyor may sign, seal or stamp any maps, plats, charts, or reports for land surveying practice which are not prepared by the land surveyor or under his or her personal direction and control.
A-E 8.10(3) (3) No architect, landscape architect, professional engineer, designer or land surveyor shall allow work performed by him or her or under his or her personal direction and control to be signed, sealed or stamped by another except that an architect, landscape architect, professional engineer, designer or land surveyor working under the personal direction and control of another registrant may allow that registrant to sign and seal or stamp the work.
A-E 8.10 History History: Cr. Register, February, 1987, No. 374, eff. 3-1-87; am. (1) and (3), Register, June, 1995, No. 474, eff. 7-1-95; am. (1) and (3), Register, February, 2000, No. 530, eff. 3-1-00.
A-E 8.11 A-E 8.11 Suspension of registration; effect. Any registrant whose registration has been suspended is prohibited during the term of the suspension from engaging in any of the following:
A-E 8.11(1) (1) Offering to perform any service which requires registration.
A-E 8.11(2) (2) Performing any professional service which requires registration.
A-E 8.11(3) (3) Signing or sealing plans, specifications, reports, maps, plats, or charts prepared for the practice of architecture, landscape architecture, professional engineering, designing or land surveying.
A-E 8.11(4) (4) Entering into contracts the performance of which require registration.
A-E 8.11(5) (5) Engaging in responsible supervision of construction as defined in s. 443.01 (8), Stats.
A-E 8.11 History History: Cr. Register, February, 1987, No. 374, eff. 3-1-87; am. (3), Register, June, 1995, No. 474, eff. 7-1-95; am. (intro.) to (4), Register, January, 1999, No. 517, eff. 2-1-99; am. (3), Register, February, 2000, No. 530, eff. 3-1-00.
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