| (a) Competency. A registered accessibility specialist
shall ensure compliance, be knowledgeable of, and adhere to the Act,
the TAS, and this chapter. A registered accessibility specialist shall
exercise reasonable judgment and skill in the performance of plan
reviews, inspections, and related activities.
(b) Integrity. A registered accessibility specialist
shall not:
(1) be deceitful or make misrepresentations, whether
by acts of commission or omission, in the performance of plan review,
inspection, and related activities; or
(2) commit acts or practices that constitute threats,
coercion, or extortion.
(c) Conflict of Interest.
(1) If a registered accessibility specialist has any
business association or financial interest which might reasonably
appear to influence the individual's judgment in connection with the
performance of a professional service and thereby jeopardize an interest
of the registered accessibility specialist's current or prospective
client or employer, the registered accessibility specialist shall
promptly inform the client or employer in writing of the circumstances
of the business association or financial interest.
(2) A registered accessibility specialist shall not
solicit or accept, directly or indirectly, any financial or other
valuable consideration, material favor, or other benefit of any substantial
nature, financial or otherwise, from more than one party in connection
with a single project or assignment unless the circumstances are fully
disclosed in writing to all parties.
(3) A registered accessibility specialist shall not
perform plan reviews, inspections, or related activities, such as
preliminary plan reviews or pre-construction site assessments, while
also providing consulting or other professional services on the same
registered project. Non-design related review services are not consulting
or professional services for the purposes of this section.
(d) Specific Rules of Conduct. A registered accessibility
specialist shall not:
(1) participate, whether individually or in concert
with others, in any plan, scheme, or arrangement attempting or having
as its purpose the evasion of any provision of the Act, the rules,
or the TAS;
(2) knowingly furnish inaccurate, deceitful, or misleading
information to the department, a building owner, or other person involved
in a plan review, inspection, or related activity;
(3) state or imply that the department will approve
a variance;
(4) engage in any activity that constitutes dishonesty,
misrepresentation, or fraud while performing a plan review, inspection,
or related activity;
(5) perform a plan review, inspection, or related activity
in a negligent or incompetent manner;
(6) perform a plan review, inspection, or related activity
on a building or facility in which the registered accessibility specialist
is an owner, either in whole or in part, or an employee of a full
or partial owner;
(7) perform a plan review, inspection, or a related
activity on a building or facility that is or will be leased or occupied
by an agency of the State of Texas, when the registered accessibility
specialist is an employee of the state agency that will occupy the
facility;
(8) perform a plan review, inspection, or related activity
on a building or facility wherein the registered accessibility specialist
participated in creating the overall design of the current project;
or
(9) represent himself or herself as an employee of
the department or as a person hired by the department.
|
| Source Note: The provisions of this §68.76 adopted to be effective November 5, 2001, 26 TexReg 8807; amended to be effective February 1, 2005, 30 TexReg 382; amended to be effective March 1, 2007, 32 TexReg 884; amended to be effective March 15, 2012, 37 TexReg 677; amended to be effective May 15, 2017, 42 TexReg 2333; amended to be effective August 31, 2023, 48 TexReg 4642 |
