Obligation-Conflict Resolution
Case 22-6 (2022) · Siting a Truck Stop
Professional obligations conflict, and the board applies no fixed rule for which one wins.
Each resolution is recorded as three edges:
competesWith (the tension),
prevailsOver (the obligation the board allowed to win in this case), and
defeasibleUnder (the situation under which the yielding obligation gives way).
The same tension is then traced across comparable cases, where its resolution shifts with context.
Hover any obligation or state to see its definition; click to open it in OntServe.
How this case resolved it
No obligation was overridden in this case: the board resolved the apparent tension without defeat, as recorded below.
Resolved without defeat
The board resolved the apparent tension here by setting a duty's boundary (specification) or by finding no genuine conflict on the facts (dissolution), rather than by allowing one obligation to prevail over another.
specification
Because R testified fully and truthfully about the leak-risk concerns at the hearing, the board concluded that this discharged R's core disclosure obligations under I.1 and I.3, with any further escalation to regulators remaining a discretionary option rather than a competing mandatory duty.
What the board concluded
- Engineer R fulfilled ethical obligations regarding environmental concerns at the site of the truck stop through public testimony. If R believes that there is a danger to public health, safety and welfare, R could choose to raise the concerns to a higher regulatory authority.
- Engineer H’s testimony constituted the unlicensed practice of engineering and was consequently unethical. [However, practitioners should consult the governing statutes and regulations to determine the applicable definition of the practice of engineering.]
- Engineer R has an obligation to report H’s unlicensed practice of engineering to State I authorities.
Recorded violations:
Unlicensed Jurisdiction Practice violates Engineer H Licensure Compliance Duty
Unlicensed Jurisdiction Practice violates Engineer H Jurisdictional Licensure Duty
Responsive Hearing Testimony violates Engineer R Testimony Objectivity Duty