Ala. Admin. Code r. 364-X-14-.05

Current through Register Vol. 43, No. 1, October 31, 2024

Section 364-X-14-.05 - Practice

The professional geologists shall solicit or accept work only on the basis of his/her qualifications, and shall endeavor to build his/her practice and professional reputation on the merit of his/her services as follows:

(1) The professional geologist shall not offer to pay, either directly or indirectly, any compensation, political contribution, or gift, or other consideration in order to secure work, exclusive of securing salaried positions through employment agencies.

(2) The professional geologists shall compete for professional employment on the basis of qualifications and competence for proper accomplishment of the work. He/she shall not solicit or submit proposals for professional services containing false, fraudulent, misleading, deceptive, or unfair statements or claims regarding the cost, quality, or extent of his/her services to be rendered.

(3) The professional geologist shall not falsify or permit misrepresentation of his/her or his/her associate's academic or professional qualifications. He/she shall not misrepresent or exaggerate his/her degree or responsibility in or for the subject matter or prior assignments. Brochures or other presentations incident to the solicitation of employment shall not misrepresent pertinent facts concerning employer, employee, associates, joint ventures, or his/her or their past accomplishments with the intent and purpose of enhancing his/her qualifications and his/her work. Prohibitions listed above include but are not limited to:

(a) the use of statements containing a material misrepresentation of fact or omitting a material fact necessary to keep the statement from being misleading;

(b) statements intended or likely to create an unjustified expectation;

(c) statements containing prediction of future success; or

(d) statements containing an opinion as to the quality of services.

(4) Consistent with Rule 364-X-14-.05(c) above, the Licensed Professional Geologist may advertise for recruitment of personnel and may prepare articles for lay or technical press; such articles shall not imply credit to the author for work performed by others.

(5) The professional geologist shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice or employment of another professional geologist, nor shall he/she indiscriminately criticize another's geologic work public. If he/she believes that another geologist is guilty of misconduct, misrepresentation, or illegal practice, he/she shall present such information to the proper authority for action.

Author: Thornton Neathery

Ala. Admin. Code r. 364-X-14-.05

New Rule: Filed May 10, 1996; effective June 14, 1996. Amended: Filed March 5, 2002; effective April 9, 2002.

Statutory Authority:Code of Ala. 1975, § 34-41-5.