Wyo. Code R. 037-0002-5
Water Well Drilling Contractors/Water Well Pump Contractors Board
Chapter 5: Regulatory Provisions
Effective Date: 12/29/2004 to 07/18/2011
Rule Type: Superceded Rules & Regulations
Reference Number: 037.0002.5.12292004
(a) All certificate holders shall comply with the following standards.
(i) A certificate holder shall not submit any materially false statements or fail to disclose any material facts requested in connection with the application for certification;
(ii) A certificate holder shall not engage in fraud, deceit, misrepresentation, or concealment of material facts in advertising, soliciting or providing services to members of the public;
(iii) A certificate holder shall not knowingly commit bribery as prescribed in W.S. 6-5-102 or violate any federal statute concerning bribery;
(iv) A certificate holder shall comply with all federal, state, and local building, fire, safety, and real estate and any other laws, codes, ordinances, or regulations pertaining to the certificate holder's professional practice. A certificate holder shall not provide any services in violation of any such laws, codes, ordinances, or regulations;
(v) A certificate holder shall not violate any state or federal criminal statute involving fraud, misrepresentation, embezzlement, theft, forgery or breach of fiduciary duty, where the violation is related to the certificate holder's professional practice;
(vi) A certificate holder shall apply the technical knowledge and skill which would be applied by other qualified certificate holders who practice the same profession;
(vii) A certificate holder shall not accept an assignment where the duty to a client or the public would conflict with the certificate holder's personal interest or the interest of another client without full disclosure of all material facts of the potential conflict to each person who might be related to or affected by the project or engagement in question;
(viii) A certificate holder shall not accept compensation for services related to the same project or professional engagement from more than one party without making full disclosure to all such parties and obtaining the express written consent of all parties involved;
(ix) Except as provided in Subparagraph (viii) of this rule, a certificate holder shall not accept any engagement or assignment outside the certificate holder's certification unless: (i) the certificate holder is qualified by education, technical knowledge or experience to perform such work and (ii) such work is both necessary and incidental to the work of the certificate holder's profession on that specific engagement or assignment;
(x) Except as otherwise provided by law, code, ordinance, or regulation, a certificate holder may act as the prime contractor for a given project and select collaborating contractors; however, the certificate holder shall perform only those services for which the certificate holder is qualified;
(xi) A certificate holder shall make full disclosure to all parties concerning: (i) any transaction involving payments to any person for the purpose of securing a contract, assignment, or engagement, except for actual and substantial technical assistance in preparing the proposal; or (ii) any monetary, financial, or beneficial interest, the certificate holder may hold in a contracting firm or other entity providing goods or services, other than the certificate holder's services, to a project or engagement;
(xii) A certificate holder shall not solicit, receive, or accept compensation from material, equipment, or other product or service suppliers for endorsing their products, goods, or services to any client or other person without full written disclosure to all parties;
(xiii) If a certificate holder's professional judgment is overruled or not adhered to under circumstances where a serious threat to the public health, safety, or welfare results or would result, the certificate holder shall immediately notify the client or employer. If the client or employer does not take appropriate remedial action within a reasonable amount of time under the circumstances, the certificate holder shall also notify the Board of the specific nature of the public threat;
(xiv) If called upon or employed as an arbitrator to interpret contracts or to judge contract performance, or to perform any other arbitration duties, the certificate holder shall render decisions impartially and without bias to any party.
(b) Failure to comply with any provision of this section shall be deemed to be evidence of gross negligence, incompetence, or other misconduct.