Md. Code Regs. 08.07.07.03

Current through Register Vol. 51, No. 12, June 14, 2024

Section 08.07.07.03 - Responsibility to the Client

A. A licensed tree expert shall perform tree expert services only if qualified to do so by education or experience.

B. In performing tree expert services, a licensed tree expert shall act with reasonable care and competence, and shall apply technical knowledge and skills according to American National Standards Institute published tree care industry standards as incorporated by reference in Regulation .02 of this chapter.

C. A licensed tree expert may not knowingly assume or accept any position in which the licensed tree expert's interests conflict with the licensee's professional responsibilities unless the facts are disclosed by the licensee and consented to in writing by the client or employer.

D. A licensed tree expert shall enter into a written contract with the client which shall clearly convey the:

(1) Licensed tree expert's name, license number, name of licensee's business entity, address, and phone number;

(2) Name, address, and phone number of the client;

(3) Objective and scope of services;

(4) Anticipated dates of the licensed tree expert's work on the project;

(5) Implications of any deviation from ANSI standards incorporated under Regulation .02 of this chapter;

(6) Amount and method of remuneration for the services; and

(7) Dated signatures of the licensed tree expert or the licensed tree expert's designee and the client or the client's designee.

E. Any amendments to the contract shall be in writing and signed and dated by both the licensed tree expert or the licensed tree expert's designee and the client or the client's designee.

F. A licensed tree expert may not accept compensation from more than one employer for the same service unless all parties involved are informed and consent.

G. A licensed tree expert may not exploit clients served professionally by:

(1) Accepting a tree care project if benefit cannot reasonably be expected to accrue to the tree or trees or to the client;

(2) Continuing treatment when benefit cannot reasonably be expected to accrue to the tree or trees or to the client;

(3) Charging for services not rendered;

(4) Failing to fully inform clients served of the nature and possible effects of services rendered; or

(5) Misrepresenting services rendered.

H. A licensed tree expert who anticipates the termination or interruption of service during the term of a contract shall notify the client promptly.

Md. Code Regs. 08.07.07.03