4 Colo. Code Regs. § 729-1.5

Current through Register Vol. 48, No. 1, January 10, 2025

Section 4 CCR 729-1.5 - Rules of Conduct

This Rule is promulgated pursuant to sections 12-20-204 and 12-130-107(1)(a), C.R.S.

A.Licensees Shall Hold Paramount the Safety, Health, and Welfare of the Public in the Performance of Their Professional Duties.

This Rule shall include, but not be limited to, the following.

1.Primary Obligation of Licensees. Licensees shall at all times recognize that their primary obligation is to protect the safety, health, property, and welfare of the public. If their professional judgment is overruled under circumstances where the safety, health, property, or welfare of the public is endangered, they shall notify their employer or client and/or such other authority as may be appropriate.

2.Ethical Conduct. Licensees shall conduct the practice of landscape architecture in an ethical manner and shall be familiar with appropriate, recognized codes of landscape architecture ethics.

3.Responsibility for Seal. Licensees shall be the only persons authorized to use their own seals and shall be personally and professionally responsible and accountable for the care, custody, control, and use of their seals.

4.Work Product Must Be Safe and Meet Generally Accepted Standards. Licensees shall approve and seal only those design documents that are prepared with applied technical knowledge and skills that provide safety for public health, property, and welfare in conformity with generally accepted landscape architectural standards.

5.Maintenance of Confidentiality. Licensees shall not reveal confidential facts, data, or information obtained in a professional capacity without prior consent except as authorized or required by law.

6.Caliber of Association. Licensees shall not permit the use of their name or firm name nor associate in business ventures with any person or firm that they have reason or should have reason to believe is engaged in fraudulent or dishonest business or professional practices.

7.Cooperation with Board Investigations. Licensees having knowledge of, and/or involvement in, any alleged violation of any of the Title 12, Article 130, C.R.S., or these Rules, shall cooperate with any investigation initiated by the Board and furnish such information or assistance as may be requested

8.Compliance with Applicable Laws, Regulations, and Codes. Licensees shall exercise appropriate skill, care, and judgment in the application of federal, state, and local laws, regulations, and codes in the rendering of professional services and in the performance of their professional duties. It is a violation of these Rules to violate local, state or federal laws that related to the practice of landscape architecture.

9.Reporting Felony Convictions. Licensees, as defined in section 12-130-101, C.R.S., shall inform the Board, in a manner set forth by the Board, within thirty days in the conviction of the licensee of a felony under the laws of any State or of the United States.

a. The conviction of the licensee of a felony under the laws of any State or of the United States is grounds for discipline pursuant to section 12-130-112(2)(f), C.R.S.

b. For purposes of this Rule, a "conviction" includes:

(1) A guilty verdict;

(2) A plea of guilty accepted by the court; or

(3) A plea of nolo contendere (no contest) accepted by the court;

c. The notice to the Board shall include the following information:

(1) The court;

(2) The jurisdiction;

(3) The case name;

(4) The case number;

(5) A description of the matter or a copy of the indictment or charges

d. The licensee notifying the Board may submit a written statement with any notice under this Rule to be included in the licensee's record.

e. This Rule shall apply to any conviction or plea that occurs on or after April 1, 2009.

B.Licensees Shall Perform Services Only in the Areas of Their Competence.

This Rule shall include, but not be limited to, the following.

1.Practice Only within Expertise. Licensees shall undertake assignments only when qualified by education or experience in the specific technical fields of landscape architecture. Licensees shall undertake to perform professional services only when they, together with those whom the licensee may engage as consultants in the specific areas involved, are qualified by education and experience.

2.Seal and Sign Only Documents under Supervision. Licensees shall only affix their signatures and seals to plans or documents prepared under their supervision.

3.Sealing and Signing for Entire Projects. The application of the licensee's seal, signature and date shall constitute certification that the work was done by the licensee or under the licensee's supervision unless limitation of responsibility is expressly defined. Each document shall be sealed, signed and dated by the licensee or licensees in supervision for that document.

C.Licensees Shall Issue Professional Statements Only in an Objective and Truthful Manner.

This Rule shall include, but not be limited to, the following.

1.Objectivity and Truth. Licensees shall be objective and truthful in professional reports, statements, or testimony. Licensees shall not assist the application for a license of an individual known by the licensee to be unqualified with respect to education, practical or professional experience or character.

2.Service as Expert or Technical Witness. Licensees, when serving as an expert or technical witness before any court, commission, or other tribunal, shall be an advocate only of their professional opinion, and shall have express objective and truthful opinions only when founded upon:

(1) Adequate knowledge and analysis of the facts at issue;

(2) A background of technical competence in the subject matter at issue;

(3) Experience in the appropriate field of landscape architecture;

(4) Appropriate professional practice based on sound principles and knowledge of the applicable standard of care at the time of the service; and,

(5) Upon honest conviction of the accuracy and propriety of their testimony.

3.Identification of Interested Parties. Licensees shall identify any personal or financial interest in matters for which they issue professional statements.

4.Statements Beyond Landscape Architecture. Licensees shall not issue a professional statement in a field of expertise outside of the practice of landscape architecture unless they hold appropriate credentials, such as another professional license, certification or registration to support professed expertise outside the practice of landscape architecture.

D.Licensees Shall Act in a Professional Manner for Each Employer or Client and Shall Avoid Conflicts of Interest.

This Rule shall include, but not be limited to, the following.

1.Conduct that Discredits the Profession. Licensees shall not engage in any conduct that discredits or tends to discredit another licensee or the profession of landscape architecture.

2.Appearance of Impropriety. Licensees shall avoid the appearance of impropriety in the course of representing or rendering services to an employer or client.

3.Undue Influence. When representing a client or employer, a licensee shall not exert or attempt to exert undue influence over other professionals, contractors, or public officials. Undue influence means any improper or wrongful exercise of persuasion or control by a licensee in an effort to cause another to do what he or she would not otherwise do if left to act freely.

4.Conflicts of Interest. If a licensee has any business association or direct or indirect financial interest that may influence the judgment of the licensee in connection with the performance of professional services, the licensee shall fully disclose in writing to the employer or client the nature of the business association or financial interest, and if the employer or client objects to such association or financial interest, the licensee shall either terminate such association or financial interest or offer to surrender the commission or employment.

5.More Than One Source of Compensation. Licensees 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.

6.Solicitation or Acceptance of Compensation. Licensees shall not solicit or accept financial or other valuable consideration, directly or indirectly, from contractors, their agents, or other parties in connection with work for employers or clients for which the licensee is responsible, unless the circumstances are fully disclosed and agreed to by all interested parties.

7.Licensees in Public Service. Licensees, who work for private organizations that provide landscape architecture services, who are also in public service as members, advisors, or employees of a governmental body or department, including boards and commissions, shall not participate in decisions with respect to professional services solicited or provided to the governmental body or department by their private organization.

8.Government Contracts. Licensees shall not solicit or accept a professional contract from a governmental body on which a principal or officer of their organization serves as a member, except upon public disclosure of all pertinent facts and circumstances and consent of appropriate public authority.

9.Status or Scope of Licensure. Licensees shall not misrepresent the status or scope of their licensure for any purpose.

E.Licensees Shall Avoid Improper Solicitation of Professional Employment.

This Rule shall include, but not be limited to, the following.

1.Academic Qualifications and Professional Experience. Licensees or their associates shall not misrepresent or falsify academic or professional qualifications, or exaggerate or misrepresent the pertinent facts or the degree of responsibility for prior work assignments for the purpose of securing or retaining employment by a client.

2.Recommendations and Employment. Licensees or their associates shall not compensate or give anything of substantial value to a person or organization in order to obtain a recommendation for, or secure or retain employment by a client.

3.Use of Seal. Licensees or their associates shall not publicize or promote themselves for the purpose of securing or retaining employment by the use of a landscape architect seal or any reproduction thereof.

F.Licensees Shall Exercise Independent Professional Judgment.

This Rule shall include, but not be limited to, the following.

1.Exercise of Judgment. Licensees shall not permit a client, employer, another person, or organization to direct, control, or otherwise affect the licensee's exercise of independent professional judgment in rendering professional services for the client.

2.Impartial Decisions. Licensees shall render impartial decisions when acting as the interpreter of documents or when acting as the judge of contract performance.

4 CCR 729-1.5

45 CR 16, August 25, 2022, effective 9/14/2022

45 CR 23, December 10, 2022, effective 12/30/2022