Chapter A-E 8

Register November 2011 No. 671

Chapter A-E 8

PROFESSIONAL CONDUCT

A-E 8.01   Authority.

A-E 8.02   Intent.

A-E 8.03   Definitions.

A-E 8.04   Offers to perform services shall be truthful.

A-E 8.05   Conflicts of interest.

A-E 8.06   Professional obligations.

A-E 8.07   Unauthorized practice.

A-E 8.08   Maintenance of professional standards.

A-E 8.09   Adherence to statutes and rules.

A-E 8.10   Plan stamping.

A-E 8.11   Suspension of registration; effect.

A-E 8.01 A-E 8.01 Authority. The rules of conduct in this chapter are adopted under authority of ss. 15.08 (5) (b), 227.11 and ch. 443, Stats.

A-E 8.01 History History: Cr. Register, February, 1987, No. 374, eff. 3-1-87.

A-E 8.02 A-E 8.02 Intent. The intent of the examining board in adopting this chapter is to establish rules of professional conduct for the professions of architecture, landscape architecture, professional engineering, designing, professional land surveying, and registered interior design. A violation of any standard specified in this chapter may result in disciplinary action under ss. 443.11 to 443.13, Stats.

A-E 8.02 History History: Cr. Register, February, 1987, No. 374, eff. 3-1-87; am. Register, June, 1995, No. 474, eff. 7-1-95; am. Register, February, 2000, No. 530, eff. 3-1-00; CR 15-036: am. Register January 2016 No. 721, eff. 2-1-16; CR 24-001: am. Register July 2024 No. 823, eff. 8-1-24.

A-E 8.03 A-E 8.03 Definitions. In ch. 443, Stats., and chs. A-E 1 to 9, and 14:

A-E 8.03(1) (1) “Gross negligence in the practice of architecture, landscape architecture, professional engineering, designing, professional land surveying, or registered interior design” means the performance of professional services by an architect, landscape architect, professional engineer, designer, professional land surveyor, or registered interior designer which does not comply with an acceptable standard of practice that has a significant relationship to the protection of health, safety or public welfare and is performed in a manner indicating that the professional knew or should have known, but acted with indifference to or disregard of, the accepted standard of practice.

A-E 8.03(2) (2) “Incompetency in the practice of architecture, landscape architecture, professional engineering, designing, land surveying, or registered interior design” means conduct which demonstrates any of the following:

A-E 8.03(2)(a) (a) Lack of ability or fitness to discharge the duty owed by an architect, landscape architect, professional engineer, designer, land surveyor, or registered interior designer to a client or employer or to the public.

A-E 8.03(2)(b) (b) Lack of knowledge of the fundamental principles of the profession or an inability to apply fundamental principles of the profession.

A-E 8.03(2)(c) (c) Failure to maintain competency in the current practices and methods applicable to the profession.

A-E 8.03(3) (3) “Misconduct in the practice of architecture, landscape architecture, professional engineering, designing, professional land surveying, or registered interior design” means an act performed by an architect, landscape architect, professional engineer, designer, professional land surveyor, or registered interior designer in the course of the profession which jeopardizes the interest of the public, including any of the following:

A-E 8.03(3)(a) (a) Violation of federal or state laws, local ordinances or administrative rules relating to the practice of architecture, landscape architecture, professional engineering, designing, professional land surveying, or registered interior design.

A-E 8.03(3)(b) (b) Preparation of deficient plans, drawings, maps, specifications or reports.

A-E 8.03(3)(c) (c) Engaging in conduct which evidences a lack of trustworthiness to transact the business required by the profession.

A-E 8.03(3)(d) (d) Misrepresentation of qualifications such as education, specialized training or experience.

A-E 8.03(4) (4) “Responsible supervision of construction” is defined in s. 443.01 (8), Stats.

A-E 8.03(5) (5) 

A-E 8.03(5)(a) (a) “Supervision,” “direct supervision,” “responsible charge,” and “direction and control,” mean direct, personal, active supervision and control of the preparation of plans, drawings, documents, specifications, reports, maps, plats and charts.

A-E 8.03(5)(b) (b) The terms in par. (a) include the following:

A-E 8.03(5)(b)1. 1. Selection or development of standards, methods and materials to be used.

A-E 8.03(5)(b)2. 2. Selection of alternatives to be investigated and the comparison of alternatives for the professional work.

A-E 8.03(5)(b)3. 3. Testing to evaluate materials or completed works, either in new or existing projects.

A-E 8.03(5)(b)4. 4. Knowledge of applicable codes and professional standards.

A-E 8.03(5)(b)5. 5. Knowledge of the technical capabilities of the personnel they rely upon to perform the professional work.

A-E 8.03(5)(c) (c) The terms in par. (a) do not include the following:

A-E 8.03(5)(c)1. 1. Indirect or casual supervision.

A-E 8.03(5)(c)2. 2. Delegation of any decision requiring professional judgment.

A-E 8.03(5)(c)3. 3. Casual review or inspection of prepared plans, drawings, specifications, maps, plats, charts, reports or other documents.

A-E 8.03(5)(c)4. 4. Mere assumption by an architect, landscape architect, professional engineer, designer, professional land surveyor, or registered interior designer of responsibility for work without having control of the work.

A-E 8.03(5)(c)5. 5. Assuming charge, control, or direct supervision of work in which the architect, landscape architect, professional engineer, designer, professional land surveyor, or registered interior designer does not have technical proficiency.

A-E 8.03 History History: Cr. Register, February, 1987, No. 374, eff. 3-1-87; am. (intro.), (1), (2) (intro.), (a), (3) (intro.), (a), (5) (d) and (e), Register, June, 1995, No. 474, eff. 7-1-95; am. (2) (intro.) to (b), (3) (intro.) to (c), (5) (intro.) to (d), Register, January, 1999, No. 517, eff. 2-1-99; am. (1), (2) (intro.) and (a), (3) (intro.), (a), (5) (d) and (e), Register, February, 2000, No. 530, eff. 3-1-00: correction in (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register December 2005 No. 600; CR 09-033: r. and recr. (5) Register December 2009 No. 648, eff. 1-1-10; CR 15-036: am. (1), (3) (intro.), (a), (5) (c) 4., 5. Register January 2016 No. 721, eff. 2-1-16; CR 24-001: am. (intro.), (1), (2) (intro.), (a), (3) (intro.), (a), (5) (c) 4., 5. Register July 2024 No. 823, eff. 8-1-24.

A-E 8.04 A-E 8.04 Offers to perform services shall be truthful. When offering to perform professional services, an architect, landscape architect, professional engineer, designer, professional land surveyor, or registered interior designer:

A-E 8.04(1) (1) Shall accurately and truthfully represent to a prospective client or employer the capabilities and qualifications which the registrant or licensee has to perform the services to be rendered.

A-E 8.04(2) (2) Shall represent the costs and completion times of a proposed project to a client or prospective client as accurately and truthfully as is reasonably possible.

A-E 8.04(3) (3) May not offer to perform, nor perform, services which the registrant or licensee is not qualified to perform by education or experience without retaining the services of another who is qualified.

A-E 8.04(4) (4) May not use advertising or publicity which is fraudulent or deceptive.

A-E 8.04(5) (5) May not misrepresent the extent to which the performance of services will involve a partnership or association with another registrant or licensee or misrepresent the identity of a registrant or licensee with whom a partnership or association will be engaged in for the performance of services.

A-E 8.04(6) (6) May not collect a fee for recommending the services of another unless written notice is first given to all parties concerned.

A-E 8.04(7) (7) May not practice under a firm name that misrepresents the identity of those practicing in the firm or misrepresents the type of services which the individuals, firm or partnership is authorized and qualified to perform.

A-E 8.04 History History: Cr. Register, February, 1987, No. 374, eff. 3-1-87; am. (intro.), Register, June, 1995, No. 474, eff. 7-1-95; am. (1) to (6), Register, January, 1999, No. 517, eff. 2-1-99; am. (intro.), Register, February, 2000, No. 530, eff. 3-1-00; CR 15-036: am. (intro.), (1), (3) Register January 2016 No. 721, eff. 2-1-16; CR 21-019: am (5) Register November 2022 No. 803, eff. 12-1-22; CR 24-001: am. (intro.) Register July 2024 No. 823, eff. 8-1-24.

A-E 8.05 A-E 8.05 Conflicts of interest.

A-E 8.05(1) (1) An architect, landscape architect, professional engineer, designer, professional land surveyor, or registered interior designer:

A-E 8.05(1)(a) (a) Shall avoid conflicts of interest. If an unavoidable conflict of interest arises, the registrant or licensee shall immediately inform the client or employer of all the circumstances which may interfere with or impair the registrant’s or licensee’s obligation to provide professional services. Under these circumstances a registrant or licensee may not proceed to provide professional services without the full approval and consent of the client or employer.