227-K:2 Duties of the Director. –
I. The director shall:
(a) Be responsible for the protection of forests from forest pests in order to reduce and prevent loss of timber resources, enhance the growth and maintenance of forests, conserve forest cover on watersheds, and promote stability of forest-using industries.
(b) Coordinate forest pest control efforts with the commissioner of agriculture and the state entomologist. The director and commissioner of agriculture shall establish and publish an annual work plan outlining these efforts and specifying the responsibilities of each agency.
(c) Coordinate efforts with the federal forest health monitoring program.
(d) Prepare a biennial report summarizing the status of forest health.
II. The director or the director's authorized agents may, for the purpose of performing the duties under this chapter, enter upon all lands in this state, posted or otherwise.
III. The director, in consultation with the commissioner and under the direction of the commissioner of agriculture, markets, and food, or designee, may establish quarantines as specified in the law or under the rules to prevent dissemination of forest pests within the state or into the state that have the potential to cause serious damage to forests.
IV. The director, with the approval of the commissioner and after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter. Rehearings and appeals from a decision of the director under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The commissioner shall adopt rules, under RSA 541-A, relative to:
(a) A schedule of administrative fines which may be imposed under this paragraph for violation of this chapter.
(b) Procedures for notice and hearing prior to the imposition of the administrative fine.
V. The proceeds of administrative fines levied pursuant to paragraph IV shall be deposited by the director into the forest management and protection fund established under RSA 227-G:5, I.
Source. 1995, 299:1. 2007, 88:6, eff. Aug. 10, 2007.