Section 110-5-2 - Conflict of Interest5.2.1 The licensee shall not accept compensation for their services from more than one party on a project unless the circumstances are fully disclosed (and agreed to in writing) by all interested parties.5.2.2 A licensee shall not perform professional services in the face of a conflict of interest that is not fully disclosed and waived in writing by all parties. A licensee has a conflict of interest when: (a) the licensee has or may acquire a financial or other interest in the project, someone participating in the project, or any component of project; or(b) the licensee's judgement may be adversely affected by a relationship with another party.5.2.3 A licensee shall not solicit or accept compensation from material or equipment suppliers, contractors, or sub-consultants for specifying or endorsing their products.5.2.4 A licensee serving in a paid or voluntary public capacity shall not accept payments or gifts that are intended to influence the licensee's professional judgement.5.2.5 A licensee, when acting by agreement of the parties as (a) the independent interpreter of construction contract documents, studies, and reports, or (b) the judge of contract performance; shall render decisions impartially.5.2.6 A licensee who initiates a complaint to the Board shall not become involved as the architect or professional engineer of record for the project which was the subject of the complaint.5.2.7 Licensees shall not solicit or accept a contract for professional services from a governmental body when the licensee, or a principal or officer of the licensee's organization, serves as a voting or non-voting member, whether elected or appointed, or serves as an employee or contractor to perform professional services, of the same governmental body which is procuring the professional services. For purposes of this subparagraph, "governmental body" means a board, council, commission, or similar multi-membered body of any county or political subdivision. Licensees are not in violation of this provision, however, if the licensee, or the principal or officer of their organization who serves as a member of the governmental body, plays no role in the solicitation or procurement of the contract on behalf of the governmental body.110 Neb. Admin. Code, ch. 5, § 2
Amended effective 4/27/2019Amended effective 6/7/2021Amended effective 3/16/2024