The Vermont Statutes Online

Title 26 : Professions and Occupations

Chapter 046 : Landscape Architects

Subchapter 002 : Administration

• § 2629. Unprofessional conduct

  Unprofessional conduct means the following conduct and the conduct by a licensee or applicant for licensure as set forth in 3 V.S.A. § 129a.

  (1) Accepting and performing responsibilities which the licensed landscape architect knows or has reason to know that he or she is not competent to perform, or undertaking to perform professional services in specific technical areas in which the licensed landscape architect is not qualified by education, training, and experience;

  (2) Failing to practice with reasonable care and competence and to apply the technical knowledge and skill ordinarily applied by licensed landscape architects practicing in the same locality;

  (3) Assisting in the application for licensure of a person known by the licensed landscape architect to be unqualified in respect to education, training, or experience;

  (4) Accepting compensation for services from more than one party on a project unless the circumstances are fully disclosed and agreed to by all interested parties;

  (5) Failing to disclose fully in writing to a client or employer the nature of any business association or direct or indirect financial interest substantial enough to influence the licensed landscape architect’s judgment in the performance of professional services;

  (6) Soliciting or accepting compensation from material or equipment suppliers in return for specifying or endorsing their products;

  (7) Failing to disclose compensation for making public statements on landscape architectural questions;

  (8) Offering or making a payment or gift to an elected or appointed government official with the intent to influence the official’s judgment in connection with a prospective or existing project in which the licensed landscape architect is interested;

  (9) Offering or making a gift of other than nominal value, including reasonable entertainment and hospitality, with the intent to influence the judgment of an existing or prospective client in connection with a project in which the licensed landscape architect is interested;

  (10) Knowingly designing a project in violation of applicable State and local laws and regulations;

  (11) Making a willful material misrepresentation with respect to the qualifications or experience of an applicant or otherwise in the practice of the profession, whether by commission or omission;

  (12) Acting, while serving as an advisor to the Director, in any way to contravene willfully the provisions of this chapter and thereby artificially restricting the entry of qualified persons into the profession;

  (13) Using the licensed landscape architect’s seal on drawings prepared by others not in his or her employ, or using the seal of another;

  (14) Inaccurately representing to a prospective or existing client or employer the licensed landscape architect’s qualifications and scope of responsibility for work for which he or she claims credit;

  (15) Signing or sealing technical submissions unless they were prepared by or under the responsible control of the licensed landscape architect, except that the licensed landscape architect may sign or seal those portions of the technical submissions that were prepared by or under the responsible control of persons who are licensed under this chapter if the licensed landscape architect has reviewed and adopted in whole or in part those portions and has either coordinated their preparation or integrated them into his or her work; and

  (16) In each office maintained for preparation of drawings, specifications, reports, or other professional work, failing to have a licensed landscape architect with direct knowledge and supervisory control of such work resident and regularly employed in that office. (Added 2009, No. 84 (Adj. Sess.), § 2.)