(a) Surveyors shall issue statements only in an objective
and truthful manner. The issuance of oral or written assertions in
the practice of surveying shall not be:
(1) fraudulent;
(2) deceitful; or
(3) misleading or shall not in any manner whatsoever
tend to create a misleading impression.
(b) Surveyors shall make affected parties aware of
the surveyors' professional concerns regarding particular actions
or projects, and of the consequences of surveying decisions or judgments
that are overruled or disregarded.
(c) The surveyor shall disclose a potential conflict
of interest to a potential or current client or employer upon discovery
of the possible conflict.
(d) A potential conflict of interest exists when a
surveyor accepts employment when a reasonable probability exists that
the surveyor's own financial, business, property, or personal interests
may affect any professional judgment, decisions, or practices exercised
on behalf of the client or employer. A surveyor may accept such an
employment only if all parties involved in the potential conflict
of interest are fully informed in writing and the client or employer
confirms the knowledge of the potential conflict in writing. A surveyor
in a potential conflict of interest employment shall maintain the
interests of the client and other parties as provided by §138.61
of this title (relating to Surveyors Shall Maintain Confidentiality
of Clients) and other rules and statutes.
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