| (a) Competency. The
registered accessibility specialist shall be knowledgeable of and
adhere to the Act, the rules, the TAS, Technical Memoranda published
by the department, and all procedures established by the department.
It is the obligation of the registered accessibility specialist to
exercise reasonable judgment and skill in the performance of plan
reviews, inspections, and related activities.
(b) Integrity. A registered
accessibility specialist shall be honest and trustworthy in the performance
of plan review, inspection, and related activities, and shall avoid
misrepresentation and deceit in any fashion, whether by acts of commission
or omission. Acts or practices that constitute threats, coercion,
or extortion are prohibited.
(c) Interest. The primary
interest of the registered accessibility specialist is to ensure compliance
with the Act, the rules, and the TAS. The registered accessibility
specialist's position, in this respect, should be clear to all parties
concerned while conducting plan reviews, inspections, and related
activities.
(d) Conflict of Interest. A
registered accessibility specialist is obliged to avoid conflicts
of interest and the appearance of a conflict of interest. A conflict
of interest exists when a registered accessibility specialist performs
or agrees to perform a plan review, inspection, or related activity
for a project in which he/she has a financial interest, whether direct
or indirect. A conflict of interest also exists when a registered
accessibility specialist's professional judgment and independence
are affected by his/her own family, business, property, or other personal
interests or relationships.
(e) 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) submit a variance application for a project in
which the RAS has provided review or inspection services;
(5) engage in any activity that constitutes dishonesty,
misrepresentation, or fraud while performing a plan review, inspection,
or related activity;
(6) perform a plan review, inspection, or related activity
in a negligent or incompetent manner;
(7) 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;
(8) 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;
(9) 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;
(10) use the Texas State seal without obtaining the
appropriate license in accordance with Texas Business and Commerce
Code, Chapter 17, §17.08(c); or
(11) 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 |
