Practice Standards

01. Seals. (7-1-25) a. Official Seal of Board. The official seal of this Board consists of the seal of the state of Idaho, surrounded with the words “Board of Professional Engineers and Professional Land Surveyors” and “State of Idaho.” (7-1-25) b. Seals for Engineers and Land Surveyors. Seals prepared and approved prior to July 1, 2008, are valid for continued use. (7-1-25) c. Seal for Professional Engineer or Land Surveyor. Engineers obtaining licensure as land surveyors use the seal showing licensure as a Professional Engineer and Land Surveyor as adopted by the Board. Seals prepared and approved prior to July 1, 2008, are valid for continued use. (7-1-25) 02. Responsibility to the Public. (7-1-25) a. Primary Obligation. All licensees and certificate holders must at all times recognize their primary obligation is to protect the safety, health and welfare of the public in the performance of their professional duties. (7-1-25) b. Standard of Care. Each licensee and certificate holder must exercise such care, skill and diligence as others in that profession ordinarily exercise under like circumstances. (7-1-25) c. Professional Judgment. If any licensee’s professional judgment is overruled under circumstances where the safety, health, and welfare of the public are endangered, the Licensee or Certificate Holder must inform the employer or client of the possible consequences and, where appropriate, notify the Board or such other authority of the situation. (7-1-25) d. Obligation to Communicate Discovery of Discrepancy. Except as provided in the Idaho Rules of Civil Procedure 26(b)(4)(B), if a licensee or certificate holder, during the course of the licensee’s work, discovers a material discrepancy, error, or omission in the work of another licensee or certificate holder, which may impact the health, property and welfare of the public, the discoverer must make a reasonable effort to inform the licensee or certificate holder whose work is believed to contain the discrepancy, error or omission. Such communication must reference specific codes, standards or physical laws which are believed to be violated and identification of documents which are believed to contain the discrepancies. The licensee or certificate holder whose work is believed to contain the discrepancy must respond within twenty (20) calendar days to any question about the licensee’s work raised by another licensee or certificate holder. In the event a response is not received within twenty (20) calendar days, the discoverer must notify the licensee or certificate holder in writing, who has another twenty (20) calendar days to respond. Failure to respond (with supportable evidence) on the part of the licensee or certificate holder whose work is believed to contain the discrepancy is considered a violation of these rules and may subject the licensee or certificate holder to disciplinary action by the Board. The discoverer must notify the Board in the event a response that does not answer the concerns of the discoverer is not obtained within the second twenty (20) calendar days. A licensee or certificate holder is exempt from this requirement if their client is an attorney, and they are being treated as an expert witness. In this case, the Idaho Rules of Civil Procedure apply. (7-1-25) e. Obligation to Affected Landowners. Land surveyors have a duty to set monuments at the corners of their client’s property boundaries. If a monument is to be set at a location that represents a material discrepancy with an existing monument at any corner of record, land surveyors must also notify in writing all affected adjoining land IDAHO ADMINISTRATIVE CODE IDAPA 24.32.01 Div. of Occupational & Professional Licenses Rules of IPELS Section 200 Page 8 owners and the Board prior to setting the new monument. (7-1-25) 03. Competency For Assignments. (7-1-25) a. Assignments in Field of Competence. A licensee must undertake to perform assignments only when qualified by education or experience in the specific technical field involved, however, a licensee, as the prime professional, may accept an assignment requiring education or experience outside of the licensee’s own field of competence, but the licensee’s services are restricted to those phases of the project in which the licensee is qualified. All other phases of such project must be performed by qualified associates, consultants or employees. For projects encompassing one (1) or more disciplines beyond the licensee’s competence, a licensee may sign and seal the cover sheet for the total project only when the licensee has first determined that all elements of the project have been prepared, signed and sealed by others who are competent, licensed and qualified to perform such services. (7-1-25) b. Aiding and Abetting an Unlicensed Person. A licensee or certificate holder must avoid actions and procedures which, in effect, amount to aiding and abetting an unlicensed person to practice engineering or land surveying. (7-1-25) 04. Conflict of Interest. (7-1-25) a. Conflict of Interest to Be Avoided. Each licensee or certificate holder must conscientiously avoid conflict of interest with an employer or client, and, when unavoidable, must forthwith disclose the circumstances in writing to the employer or client. In addition, the licensee or certificate holder must promptly inform the employer or client in writing of any business association, interests, or circumstances which could influence a licensee’s or certificate holder’s judgment or quality of service or jeopardize the clients’ interests. (7-1-25) b. Compensations From Multiple Parties on the Same Project. A licensee or certificate holder may accept compensation, financial or otherwise, from more than one (1) party for services on the same project, or for services pertaining to the same project, provided the circumstances are fully disclosed, in writing, in advance and agreed to by all interested parties. (7-1-25) c. Solicitation From Material or Equipment Suppliers. A licensee or certificate holder may not solicit or accept financial or other valuable considerations from material or equipment suppliers for specifying or recommending the products of said suppliers, except with full disclosure as outlined in Subsection 103.02. (7-1-25) d. Gratuities. A licensee or certificate holder may not solicit or accept gratuities, gifts, travel, lodging, loans, entertainment or other favors directly or indirectly, from contractors, their agents or other third parties dealing with a client or employer in connection with work for which the licensee or certificate holder is responsible, which can be construed to be an effort to improperly influence the licensee’s or certificate holder’s professional judgment. Minor expenditures such as advertising trinkets, novelties and meals are excluded. Neither may a licensee or certificate holder make any such improper offer. (7-1-25) e. Solicitation From Agencies. A licensee, a certificate holder, or a representative thereof may not solicit or accept a contract from a governmental authority on which an existing officer, director, employee, member, partner, or sole proprietor of the licensee’s organization serves as a member of the elected or appointed policy and governing body of such governmental authority or serves as a member of an entity of such governmental authority having the right to contract or recommend a contract for the services of a licensee or certificate holder. (7-1-25) f. Professional Services Decisions of Agencies. A licensee, certificate holder, or representative thereof serving as a member of the governing body of a governmental authority, whether elected or appointed, or an advisor or consultant to a governmental Board, commission or department may at all times be subject to the statutory provisions concerning ethics in government, Section 74-401, Idaho Code, et seq. A violation of the “Ethics in Government Act of 2015” will be considered a violation of these rules. (7-1-25) g. Unfair Advantage of Position and Work Outside Regular Employment. When a licensee or an individual certificate holder is employed in a full-time position, the person may not use the advantages of the position to compete unfairly with other professionals and may not accept professional employment outside of that person’s regular work or interest without the knowledge of and written permission or authorization from that person’s IDAHO ADMINISTRATIVE CODE IDAPA 24.32.01 Div. of Occupational & Professional Licenses Rules of IPELS Section 200 Page 9 employer. (7-1-25) 05. Solicitation of Work. (7-1-25) a. Commissions. A licensee or certificate holder may not pay or offer to pay, either directly or indirectly, any commission, gift or other valuable consideration to secure work, except to employees or established business enterprises retained by a licensee or certificate holder for the purpose of securing business or employment. (7-1-25) b. Representation of Qualifications. A licensee or certificate holder may not falsify or permit misrepresentation of the licensee or the licensee associates’ academic or professional qualifications and may not misrepresent or exaggerate the degree of responsibility in or for the subject matter of prior assignments. Brochures or other presentations incident to the solicitation of employment may not misrepresent pertinent facts concerning employers, employees, associates, joint venturers or the licensee or the licensee’s past accomplishments with the intent and purpose of enhancing qualifications for the work. The licensee or certificate holder may not indulge in publicity that is misleading. (7-1-25) c. Assignment on Which Others Are Employed. A licensee or certificate holder may not knowingly seek or accept employment for professional services for an assignment that another licensee or certificate holder is employed or contracted to perform without the currently employed or contracted entity being informed in writing. (7-1-25) d. Contingency Fee Contracts. A licensee or certificate holder may not accept an agreement, contract, or commission for professional services on a “contingency basis” that may compromise the licensee’s professional judgment and may not accept an agreement, contract or commission for professional services that includes provisions wherein the payment of fee involved is contingent on a “favorable” conclusion, recommendation or judgment. (7-1-25) e. Selection on the Basis of Qualifications. On selections for professional engineering and land surveying services that are required pursuant to Section 67-2320, Idaho Code, a licensee or certificate holder, in response to solicitations described in Section 67-2320, Idaho Code, may not submit information that constitutes a bid for services requested either as a consultant or subconsultant. (7-1-25) 06. Form. The form to be used in filing corner perpetuations shall be available on the Division’s website. (7-1-25) a. Completion of Form. The professional land surveyor performing the work shall complete the form in compliance with the requirements set forth in these rules. Additional information, for example latitude and longitude, with datum used, may be included. (7-1-25) b. Contents on the Form. (7-1-25) i. Record of Original Corner and Subsequent History. Information provided in this section includes the name of the original surveyor and the date or dates on which the original survey was performed, and a description of the original monument set. The information also includes the history of subsequent remonumentation, including the name(s) of the surveyor(s), the agency or company they represented, the date(s) of the survey(s) and a description of all monuments found or set, including all monuments and accessories that are not shown on previously recorded corner records. Information provided in this section also includes the instrument numbers of all previously recorded corner records, or the filing information if the corner record was not recorded, pertaining to the corner in question. (7-1-25) ii. Description of Corner Evidence Found. Information provided in this section includes a description of any evidence found relating to the original corner. If no evidence of the original corner is found, evidence of a subsequent remonumentation shall be indicated on the form. (7-1-25) iii. Description and Sketch of Monument and Accessories Found or Established to Perpetuate the Location of this Corner. Information provided in this section includes a description and a sketch of the monument and IDAHO ADMINISTRATIVE CODE IDAPA 24.32.01 Div. of Occupational & Professional Licenses Rules of IPELS Section 300 Page 10 accessories found or placed in the current survey as well as the date the work was performed and the true or assumed magnetic declination at the time of the survey if magnetic bearings are used. If magnetic bearings are not used, the professional land surveyor shall indicate the basis of bearing to accessories. (7-1-25) iv. Surveyor's Certificate. Include a print of the surveyor’s name, the license number issued by the Board, and the name of the employer for whom the surveyor is working. (7-1-25) v. Seal, Signature, Date. Include professional land surveyor’s seal, which is signed and dated by the surveyor. (7-1-25) vi. Marks on Monument Found or Set. Include a sketch or legible image of the marks found or placed on the monument, if applicable. (7-1-25) vii. Diagram. Include clear marks on the section diagram indicating the location of the monument found or being established or reestablished in the survey. (7-1-25) viii. Location. State the county, section, township, range and the monument location being established or reestablished or found in the survey. (7-1-25) 07. State Plane Coordinates. The State Plane Coordinate System is defined by NOAA and NGS and is available on the Division’s website. (7-1-25) 201. – 299. (RESERVED)