06- 481 C.M.R. ch. 1, § 4

Current through 2024-38, September 18, 2024

Section 481-1-4 - Standards of practice

A.Code of Ethics. The Board adopts the following code of ethics for underground oil storage tank installers and underground oil storage tank inspectors:

(1)Installer's and Inspector's Obligation to the Public

(a) Installers and inspectors in the performance of their services to clients, employers, and customers, shall be cognizant that their first and foremost responsibility is to the public health, safety and welfare, and the environment.

(b) Installers and inspectors shall perform or undertake only those installations, removals, and inspections that conform to accepted technical Federal, state and local standards and safeguard the life, health, property, safety and welfare of the public and the environment.

(c) Installers and inspectors shall notify all authorities as may be appropriate when their professional judgment is overruled by a client, employer, customer, or any other person under circumstances where the life, health, property, safety or welfare of the public or the environment is endangered.

(d) Installers and inspectors shall be objective and truthful in professional reports, statements or testimony. They shall include all relevant and pertinent information in such reports, statement or testimony.

(e) Installers and inspectors shall express a professional opinion publicly only when it is founded upon an adequate knowledge of the facts and a complete evaluation of the subject matter.

(f) Installers and inspectors shall issue no statements, criticisms or arguments on technical matters which are sponsored or paid for by interested parties, unless they explicitly identify the interested parties on whose behalf they are speaking and reveal any interest such interested parties have in the matters.

(g) Installers and inspectors shall not permit the use of their name or firm name by, nor associate in business ventures with, any person or firm which is engaging in fraudulent or dishonest business or professional practices.

(h) Installers and inspectors having knowledge of possible violations of the Board's enabling statute as provided in Title 32 Maine Revised Statutes Annotated Chapter 104-A or this Code of Ethics shall provide the Board information and assistance necessary to the final determination of such violation.

(2)Installer's and Inspector's Obligation to Employers, Clients, and Customers

(a) Installers and inspectors shall undertake assignments only when qualified by education or experience in the specific technical practices involved.

(b) Installers and inspectors shall not affix their signatures or certification numbers to any installations or removals not accomplished under their direct control and personal supervision.

(c) Installers and inspectors shall make full prior disclosures to their employers, clients or customers of potential conflicts of interest or other circumstances which could influence their judgment or the quality of their service.

(d) Installers and inspectors shall not accept compensation, financial or otherwise, from more than one party for services pertaining to the same project, unless the circumstances are fully disclosed and agreed to by all interested parties.

(3)Installer's and Inspector's Obligation to Other Installers and Inspectors

(a) Installers and inspectors shall not falsify or permit misrepresentation of their, or their associates, education or experience. They shall not misrepresent or exaggerate their degree of responsibility in prior assignments or the complexity of said assignments. Presentations incident to the solicitation of employment or business must not misrepresent pertinent facts concerning employers, employees, associates, joint ventures or past accomplishments.

(b) Installers and inspectors shall not offer, give, solicit or receive, either directly or indirectly, any commission, or gift, or other valuable consideration in order to secure work, and shall not make any political contribution with the intent to influence the award of a contract by public authority.

(c) Installers and inspectors shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice or employment or other installers.

B.Continuing Education Requirement

(1)Continuing Education Requirement. Beginning with the first application for certificate renewal, each installer and inspector shall provide evidence to the Board that at least eight (8) credit hours of Board approved continuing education have been satisfactorily completed since the last certificate was issued or renewed and prior to submission of the application for renewal. The Board may limit the number of credits granted for similar courses during a certification period.

(2)Board Approval of Continuing Education Offerings Required

(a) The requirement for continuing education may be met only by those continuing education offerings which have been approved by the Board.

(b) Such approval may take the form of:

(i) Program approval granted by the Board to the sponsor or instructor of a continuing education offering;

(ii) Individual requests for credit granted by the Board to an installer or inspector for a continuing education offering whose sponsor or instructor did not seek program approval; or

(iii) Blanket approval granted by the Board to continuing education offerings sponsored by the Board or other professional organizations whose standards have been approved by the Board.

(3)Procedures for Board Approval of Continuing Education Offerings

(a)Program Approval

(i) Application for program approval must be made by the sponsor or instructor on forms supplied by the Board.

(ii) Application must be made at least forty-five (45) days prior to the desired effective date of approval.

(iii) The application must be reviewed by the Board, and notice of approval or denial of program approval shall be sent to the sponsor or instructor.

(iv) Sponsors or instructors denied program approval may seek reconsideration of such decisions within forty-five (45) days of notification of Board denial.

(b)Individual Requests for Credit

(i) Individual installers or inspectors may request continuing education credit for participation in offerings for which the sponsor or instructor did not seek program approval.

(ii) Individual requests for credit, on forms supplied by the Board, must be made at least forty-five (45) days prior to the desired effective date of approval.

(iii) The request will be reviewed by the Board, and notice of approval or denial of credit will be sent to the installer or inspector.

(iv) Installers, removers, or inspectors denied credit may seek reconsideration of such decisions within forty-five (45) days of notification of Board denial.

(c)Blanket Approval

(i) Continuing education offerings sponsored by the Board or other professional organizations whose standards have been approved by the Board are accepted with program approval or an individual request for credit.

(ii) Application for blanket approval must be made by a professional organization on forms supplied by the Board.

(iii) Application must be made at least forty-five (45) days prior to the desired effective date of approval.

(iv) The application will be reviewed by the Board, and notice of approval or denial of blanket approval will be sent to the professional organization.

(v) Professional organizations denied blanket approval may seek reconsideration of such decisions within forty-five (45) days of notification of Board denial.

(4)Proof of Participation. A certificate of satisfactory completion of a Board approved continuing education offering issued by the sponsor or instructor constitutes sufficient evidence of such satisfactory completion for purposes of meeting the continuing education requirement.

06- 481 C.M.R. ch. 1, § 4