TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1270 ILLINOIS PROFESSIONAL LAND SURVEYOR ACT OF 1989
SECTION 1270.57 STANDARDS OF PROFESSIONAL CONDUCT


 

Section 1270.57  Standards of Professional Conduct

 

In order to safeguard life, health and property, to promote the public welfare, and to establish and maintain a high standard of integrity in the practice of professional land surveying, the following Standards of Professional Conduct shall be binding on every person holding a license as a land surveyor and on all professional design firms authorized to practice land surveying in this State.

 

a)         The land surveyor shall at all times recognize the primary obligation to protect the safety, health, and welfare of the public in the performance of professional duties. If the land surveyor's professional judgment is overruled under circumstances where the safety, health, and welfare of the public are endangered, the land surveyor shall inform the land surveyor's employer of the possible consequences and notify other proper authority of the situation, as may be appropriate.

 

b)         The land surveyor shall undertake to perform land surveying assignments only when qualified by education or experience in the specific technical field of land surveying involved.

 

c)         The land surveyor may accept an assignment requiring education or experience outside of the land surveyor's field of competence, but only to the extent that services are restricted to those phases of the project in which the land surveyor is qualified.  All other phases of the project shall be performed by qualified associates, consultants, or employees.

 

d)         The land surveyor shall not affix a signature and/or seal to any land surveying plat or document dealing with subject matter in which the land surveyor lacks competence by virtue of insufficient education or experience.

 

e)         The land surveyor shall be completely objective and truthful in all professional reports, statements, or testimony.  The land surveyor shall include all relevant and pertinent information in the reports, statements, or testimony.

 

f)         The land surveyor, 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 the land surveyor's testimony.

 

g)         The land surveyor will issue no statement, criticism, or argument on land surveying matters connected with public policy that are inspired or paid for by an interested party, or parties, unless the land surveyor has prefaced the comment:

 

1)         by explicitly identifying himself or herself;

 

2)         by disclosing the identities of the party or parties on whose behalf the land surveyor is speaking; and

 

3)         by revealing the existence of any pecuniary interest the land surveyor may have in the instant matters.

 

h)         The land surveyor shall conscientiously avoid conflicts of interest with an employer or client, but, when unavoidable, the land surveyor shall forthwith disclose the circumstances to the employer or client.

 

i)          The land surveyor shall avoid all known conflicts of interest with an employer or client and shall promptly inform the employer or client of any business association, interest, or circumstances that could influence judgment or quality of services.

 

j)          The land surveyor shall not accept compensation, financial or otherwise, from more than one party for services on the same project, unless the circumstances are fully disclosed to, and agreed to by, all interested parties.

 

k)         The land surveyor shall not solicit or accept gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with the client or employer in connection with work for which the land surveyor is responsible.

 

l)          The land surveyor shall not solicit or accept financial or other valuable considerations from material or equipment suppliers for specifying their products.

 

m)        When in public service as a member, advisor, or employee of a governmental body or department, the land surveyor shall not participate in considerations or actions with respect to services provided by the land surveyor or the land surveyor's organizations in private land surveying practices.

 

n)         The land surveyor shall not solicit or accept a land surveying contract from a governmental body on which a principal or officer of the land surveyor's organization serves as a member.

 

o)         The land surveyor 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 a salaried position through employment agencies.

 

p)         The land surveyor shall seek professional employment on the basis of qualification and competence in the proper accomplishment of similar work.

 

q)         The land surveyor shall not falsify or permit misrepresentation of the land surveyor's or the land surveyor's associates' academic or professional qualifications.  The land surveyor shall not misrepresent or exaggerate the 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, associates, joint ventures or their past accomplishments, or the land surveyor's past accomplishments, with the intent and purpose of enhancing the land surveyor's qualifications and work.

 

r)          The land surveyor shall not knowingly associate with or permit the use of the land surveyor's name or firm name in a business venture by any person or firm the land surveyor knows, or has reason to believe, is engaging in business or professional practices of a fraudulent or dishonest nature.

 

s)         If the land surveyor has knowledge or reason to believe that another person or firm may be in violation of the Act or this Part, the land surveyor shall present that information to the Division in writing and shall cooperate with the Division in furnishing further information or assistance as may be required by the Division.

 

t)          Conviction of a crime shall be deemed incompetent practice if the acts that resulted in the conviction have a direct bearing on whether the applicant should be entrusted to serve the public as a licensed land surveyor.

 

u)         The revocation or suspension of a registered land surveyor's license by another jurisdiction, if for a cause that in the State of Illinois would constitute a violation of this Part, shall be grounds for a charge of violation.

 

v)         Corporations, partnerships and firms maintaining any place of business in the State of Illinois for the purpose of providing or offering to provide land surveying to the public  shall have in responsible charge of land surveying service at any and each location a licensed land surveyor who shall be employed full-time at that location.

 

(Source:  Amended at 31 Ill. Reg. 1832, effective January 8, 2007)