Section 110-5-5 - Professional Conduct5.5.1 Each organization maintained for the purpose of serving the public through professional engineering or architectural work, including the preparation of drawings, specifications, reports, and the administration of contract documents, shall have a qualified architect or professional engineer in responsible charge of the work.5.5.2 The licensee shall not sign or seal drawings, specifications, reports, or other professional work for which they do not have direct supervision. If the portions of such professional work were prepared by the licensee's consultants who are licensed under the law of the State of Nebraska or another state, the licensee may sign or seal that portion of the professional work if the licensee has reviewed such portion, has coordinated its preparation, and accepts responsibility for its adequacy.5.5.3 The licensee shall not engage in conduct involving fraud or deliberate disregard of the rights of others. A licensee shall not counsel or assist a client in conduct that the licensee knows, or reasonably should know, is fraudulent or illegal.5.5.4 The licensee shall not engage in unethical, immoral, or dishonorable conduct that would indicate lack of fitness to perform the tasks required by clients or a level of proficiency that is insufficient to serve the public interest.5.5.5 The licensee shall not in advertisements or public statements engage in misleading, untruthful, or improbable statements, or flamboyant, exaggerated or extravagant claims concerning the architect's or professional engineer's professional excellence or abilities.5.5.6 The licensee shall not knowingly aid or abet the practice or the performance of activities requiring a license by a person not licensed to conduct such practice or activity.5.5.7 The licensee shall not deliberately make a materially false statement or fail deliberately to disclose accurately and completely a material fact requested by the Board in connection with the licensee's application for licensure or renewal or otherwise requested.5.5.8 An architect or professional engineer shall not knowingly sign any verification document related to licensure that contains false or misleading information and shall not assist in the application for licensure of a person known by the architect or professional engineer to be unqualified.5.5.9 An architect or professional engineer possessing knowledge of a licensure candidate's qualifications for licensure shall cooperate with the candidate, the Board, NCARB, and NCEES by responding appropriately and in a timely manner regarding those qualifications. An architect serving as an AXP supervisor for a licensure candidate shall reasonably assist the candidate in proper and timely documentation of that candidate's experience.5.5.10 If, in the course of their work on a project, a licensee becomes aware of a decision made by the licensee's employer or client against the licensee's advice, which violates applicable federal, state, or local laws and regulations and which will, in the licensee's judgment, materially and adversely affect the health and safety of the public, the licensee shall: 5.5.10.1 Report the decision to the public official charged with enforcement of building laws and regulations; and5.5.10.2 Refuse to consent to the decision or action.5.5.10.3 In circumstances where the licensee reasonably believes that other such decisions or actions will be taken notwithstanding the licensee's objection, terminate the provision of services with reference to the project unless the licensee is able to cause the matter to be resolved by other means.110 Neb. Admin. Code, ch. 5, § 5
Amended effective 4/27/2019Amended effective 6/7/2021Amended effective 3/16/2024