CHAPTER
Fors 100 DEFINITIONS, ORGANIZATION AND
PUBLIC INFORMATION
PART
Fors 101 PURPOSE AND SCOPE
Fors
101.01 Purpose and Scope. The rules of this title implement the
statutory responsibilities of the
Source. #5222, eff 9-11-91;
EXPIRED 9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6915, eff 12-22-98
PART
Fors 102 DEFINITIONS
(a) "Practice of forestry", pursuant to
RSA 310-A:99, III, includes, but is not limited to, “services related to a
wooded area such as consultation, investigation, evaluation, the development of
management plans, timber appraisal and the responsibility for the supervision
of silviculture, utilization, protection and other forest-related activities,
consistent with all state laws applicable to the harvesting and transport of
forest products.”
(b)
“Board” means the New Hampshire board of licensure for foresters created
by RSA 310-A:100.
Source. #5222, eff 9-11-91;
EXPIRED 9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6915, eff 12-22-98; ss
by #13583, eff 5-20-23
PART
Fors 103 BOARD ORGANIZATION
Fors
103.01 Duties and Responsibilities.
The board shall administer the
provisions of RSA 310-A:98-117 which include but are not limited to:
(a) Establishing and maintaining a high standard
of integrity, skills and practice in the profession of
forestry;
(b) Administering the application procedure for
obtaining a license;
(c) Evaluating qualifications of applicants;
(d) Administering examination procedures;
(e) Administering renewal procedures and
continuing education requirements;
(f) Establishing ethical and professional standards;
and
(g) Implement disciplinary actions.
Source. #5222, eff 9-11-91;
EXPIRED 9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6915, eff 12-22-98
Fors
103.02 Composition of the Board. The board shall consist of 4 Forester members
and 3 public members who meet the eligibility requirements of RSA 310-A:100.
Source. #5222, eff 9-11-91;
EXPIRED 9-11-97
New. #6597, INTERIM, eff 10-8-97,
EXPIRED: 2-5-98
New. #6915, eff 12-22-98
Fors
103.03 Election of Officers. Biennially, the board shall elect or appoint
a chairperson, vice-chairperson and secretary at the
first meeting of the board in a calendar year.
Source. #6915, eff 12-22-98
Fors
103.04 The Chairperson and Vice
Chairperson. The chairperson shall
preside at all meetings. In the absence of the chairperson, the vice-chairperson
shall preside.
Source. #6915, eff 12-22-98
Fors
103.05 Seal. The seal of the board shall be an embossed
circular seal consisting of an outer
Circle and an inner circle. Between the
outer and inner circle shall be the words “Office of Professional Licensure and
Certification” and “N.H. Board, Counsels, and Commissions”. Inside the inner circle shall be an outline
of the State of New Hampshire and the letters “OPLC”.
Source. #6915, eff 12-22-98;
ss by #13583, eff 5-20-23 (formerly Fors 103.06)
Fors
103.06 Office Hours, Office Location,
Mailing Address and Telephone.
(a) The board’s office shall be located at the office of professional licensure
and certification, 7 Eagle Square, Concord, N.H. 03301, and shall be open to
the public weekdays, excluding holidays, from 8:00 a.m. to 4:00 p.m.
(b) Correspondence shall be addressed to the NH board of licensure for forester’s
care of the office of professional licensure and certification at the location
stated in Fors 103.07(a).
(c) The board’s telephone number shall be (603)
271- 2152.
Source. #6915, eff 12-22-98;
ss by #13583, eff 5-20-23 (formerly Fors 103.07)
PART
Fors 104 PUBLIC INFORMATION
Fors
104.01 Record of Board Actions. Minutes shall be kept of board meetings and of
official actions taken by the board. Minutes of board actions which are not
confidential under RSA 91-A:3, II or RSA 91-A:5 shall be public records and shall
be available for inspection during the board’s ordinary office hours within 144
hours from the close of the meeting or vote in question unless the 72 hours
availability requirement of RSA 91-A:3, III is applicable.
Source.
#5222, eff
9-11-91; EXPIRED 9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6915, eff 12-22-98
Fors 104.02 Custodian of Records. Persons desiring copies or board records shall
submit a request which identifies as particularly as possible the information
being sought. If records are requested
which contain both public and confidential information, the board shall delete
the confidential information and provide the remaining information.
Source. #6915, eff 12-22-98;
ss by #13583, eff 5-20-23
PART
Fors 105 MEETINGS, DELIBERATIONS AND DECISIONS
Fors
105.01 Meetings. Regular meetings shall be held at least 3
times each year. Special meetings shall be called by order of the chairperson
or secretary for consideration of appropriate board business. Each member of the board shall be notified in
writing of each meeting and such notice shall contain the place, date, time,
and subject of the meeting.
Source.
#5222, eff
9-11-91; EXPIRED 9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6915, eff 12-22-98
Fors 105.02 Quorum. A quorum of the board shall consist a majority of the members approved by the governor
and council and a majority vote by the quorum shall be necessary to pass a
motion. In the absence of chair, vice
chair, or secretary, the chair shall designate a pro tempore officer for the
officer or officers absent.
Source. #6915, eff 12-22-98;
ss by #13583, eff 5-20-23
PART
Fors 106 APPOINTMENT OF COMMITTEES
Fors
106.01 Committees.
(a) A committee shall consist of one or more board
members who have been directed by the board to investigate and make
recommendations to the full board.
(b) When expressly authorized by the board, the
authority of a committee shall include:
(1) The retention of voluntary assistance from
qualified non-board members; and
(2) The retention of paid advisors or consultants
pursuant to RSA 332-G:3.
Source. #6915, eff 12-22-98;
renumbered by #13583 (formerly Fors 107.01)
CHAPTER
Fors 200 PRACTICE AND PROCEDURE
PART Fors 201 PURPOSE AND SCOPE
Fors 201.01 Purpose and Scope. The board shall conduct various proceedings
for the purpose of acquiring sufficient information to make fair and reasoned
decisions on matters within its statutory jurisdiction, including decisions on
applications for licensure and complaints filed against license holders and
others in the practice of forestry. These rules are intended to secure the
just, efficient and accurate resolution of all board
proceedings.
Source. #5222, eff 9-11-91;
EXPIRED 9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6876, eff 10-28-98;
ss by #8711-A, eff 8-25-06
PART
Fors 202 DEFINITIONS
Fors 202.01 Definitions.
(a)
“Appearance” means a written notification to the board that a party or a
party’s representative intends to actively participate in a hearing.
(b) “Hearing” means “adjudicative proceeding” as
defined by RSA 541-A:1, I, namely, “the procedure to be followed in contested
cases, as set forth in RSA 541-A:31 through RSA 541-A:36.”
(c)
“Motion” means a request to the presiding officer for an order or ruling
directing some act to be done in favor of the party making the motion,
including a statement of justification or reasons for the request.
(d)
“Natural person” means a human being.
(e)
“Party” means “party” as defined by RSA 541-A:1, XII, namely, “each
person or board named or admitted as a party, or properly seeking and entitled as
a right to be admitted as a party.”
(f)
“Person” means “person” as defined by RSA 541-A:1, XIII, namely, “any
individual, partnership, corporation, association, governmental subdivision, or
public or private organization of any character other than a board.”
(g)
“Presiding officer” means presiding officer as defined in RSA 541-A:1,
XIV, namely, “that individual to whom the board has delegated the authority to
preside over a proceeding, if any; otherwise it shall
mean the head of the board.”
(h) “Proof
by a preponderance of the evidence” means a demonstration by admissible evidence
that a fact or legal conclusion is more probable than not to be true.
Source. #5222, eff 9-11-91;
EXPIRED 9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6876, eff 10-28-98;
ss by #8711-A, eff 8-25-06
PART Fors 203 PRESIDING OFFICER; WITHDRAWAL AND WAIVER OF
RULES
Fors 203.01
Presiding Officer; Appointment; Authority.
(a) All
hearings shall be conducted for the board by a natural person appointed or
authorized to serve as a presiding officer.
(b) A
presiding officer shall as necessary:
(1) Regulate and control the course of a hearing;
(2) Facilitate an informal resolution acceptable
to all parties;
(3) Administer oaths and affirmations;
(4) Receive relevant evidence at hearings and
exclude irrelevant, immaterial or unduly repetitious
evidence;
(5) Rule on procedural requests, including
adjournments or postponements, at the request of a party or on the presiding
officer's own motion;
(6) Question any witness to develop a complete
record;
(7) Cause a complete record of any hearing to be
made, as specified in RSA 541-A:31, VI; and
(8) Take any other action consistent with
applicable statutes, rules and case law necessary to
conduct the hearing and complete the record in a fair and timely manner.
Source. #5222, eff 9-11-91;
EXPIRED 9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6876, eff 10-28-98;
ss by #8711-A, eff 8-25-06
Fors 203.02 Withdrawal of Presiding Officer.
(a) Upon
his or her own initiative or upon the motion of any party, a presiding officer or
board official shall, for good cause withdraw from any hearing.
(b) Good
cause shall exist if a presiding officer or board official:
(1) Has a direct interest in the outcome of a
proceeding, including, but not limited to, a financial or family relationship;
(2) Has made statements or engaged in behavior
which objectively demonstrates that he or she has prejudged the facts of a
case; or
(3) Personally believes
that he or she cannot fairly judge the facts of a case.
(c) Mere
knowledge of the issues, the parties or any witness shall not constitute good
cause for withdrawal.
Source. #8711-A,
eff 8-25-06
Fors 203.03 Waiver or Suspension of Rules by Presiding
Officer. The presiding officer, upon
his or her own initiative or upon the motion of any party, shall suspend or
waive any requirement or limitation imposed by this chapter upon reasonable
notice to affected persons when the proposed waiver or suspension appears to be
lawful, and would be more likely to promote the fair, accurate and efficient
resolution of issues pending before the board than would adherence to a
particular rule or procedure.
Source. #8711-A,
eff 8-25-06
PART Fors 204 FILING, FORMAT AND DELIVERY OF DOCUMENTS
Fors 204.01 Date of Issuance or Filing. All documents governed by these rules shall
be rebuttably presumed to have been issued on the date noted on the document
and to have been filed with the board on the actual date of receipt by the
board, as evidenced by a date stamp placed on the document by the board in the
normal course of business.
Source. #6876, eff 10-28-98;
ss by #8711-A, eff 8-25-06
Fors 204.02 Format of Documents.
(a) All
correspondence, pleadings, motions or other documents
filed under these rules shall:
(1) Include the title and docket number of the proceeding,
if known;
(2) Be typewritten or clearly printed on durable
paper 8 1/2 by 11 inches in size;
(3) Be signed by the party or proponent of the
document, or, if the party appears by a representative, by the representative;
and
(4) Include a statement certifying that a copy of
the document has been delivered to all parties to the proceeding in compliance
with Fors 204.03.
(b) A party
or representative's signature on a document filed with the board shall
constitute certification that:
(1) The signer has read the document;
(2) The signer is authorized to file it;
(3) To the best of the signer’s knowledge, information and belief there are good and sufficient grounds
to support it; and
(4) The document has not been filed for purposes
of delay.
Source. #6876, eff 10-28-98;
ss by #8711-A, eff 8-25-06
Fors 204.03 Delivery of Documents.
(a)
Copies of all petitions, motions, exhibits, memoranda, or other documents
filed by any party to a proceeding governed by these rules shall be delivered
by that party to all other parties to the proceeding.
(b) All
notices, orders, decisions or other documents issued
by the presiding officer or board shall be delivered to all parties to the proceeding.
(c)
Delivery of all documents relating
to a proceeding shall be made by personal delivery or by depositing a copy of
the document, by first class mail, postage prepaid, in the United States mail,
addressed to the last address given to the board by the party or if represented
to the party’s representative.
(d) When
a party appears by a representative, delivery of a document to the party's
representative at the address stated on the appearance filed by the
representative shall constitute delivery to the party.
Source. #6876, eff 10-28-98;
ss by #8711-A, eff 8-25-06
PART Fors 205 TIME PERIODS
Fors 205.01 Computation of Time.
(a) Unless
otherwise specified, all time periods referenced in this chapter shall be
calendar days.
(b)
Computation of any period of time referred to
in these rules shall begin with the day after the action which sets the time
period in motion, and shall include the last day of the period so computed.
(c) If
the last day of the period so computed falls on a Saturday, Sunday
or legal holiday, then the time period shall be extended to include the first
business day following the Saturday, Sunday or legal holiday.
Source. #6876, eff 10-28-98;
ss by #8711-A, eff 8-25-06
PART Fors 206 MOTIONS AND PLEADINGS
Fors 206.01 Motions; Objections.
(a)
Motions shall be in written form and filed with the presiding officer, unless
made in response to a matter asserted for the first time at a hearing or on the basis of information which was not received in time
to prepare a written motion.
(b) Oral
motions and any oral objection to such motions shall be recorded in full in the
record of the hearing. If the presiding
officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding
officer shall order the moving party to submit the motion in writing, with supporting
information within 5 days of the order. Objections to such motions shall be
filed within 5 days of the filing of the motion.
(c)
Objections to written motions shall be filed within 30 days of the date
of the motion;
(d)
Failure by an opposing party to object to a motion shall not in and of itself
constitute grounds for granting the motion.
(e) The
presiding officer shall rule upon a motion after full consideration of all objections
and other factors relevant to the motion.
Source. #6876, eff 10-28-98;
ss by #8711-A, eff 8-25-06
Fors 206.02 Pleadings.
(a) The only pleadings permitted shall be
petitions, other than for rulemaking, and replies to petitions. Applications
shall not be considered pleadings.
(b) All petitions shall contain:
(1) The name and address of the petitioner;
(2) The name and address of the petitioner's
representative, if any;
(3) A concise statement of the facts that caused
the petitioner to request the board to act;
(4) The action that the petitioner wishes the
board to take; and
(5) The identification of any statutes, rules,
orders, or other authority that entitles the petitioner to request the board to
act.
(c) Board replies to petitions shall contain:
(1) The name and address of the petitioner;
(2) The name and address of the representative of
the petitioner, if any;
(3) A statement addressing each fact alleged in
the petition;
(4) A statement addressing the authority
identified by the petitioner;
(5) A concise response to each statement;
(6) The identification of any statutes, rules,
orders, or other authority, not identified in the petition, having a bearing
upon the subject matter of the petition; and
(7) The action the board took.
(d) Replies shall be filed within 90 days from
the date of the petition.
Source. #6876, eff 10-28-98;
ss by #8711-A, eff 8-25-06
PART Fors 207 NOTICE OF HEARING; APPEARANCES; PRE-HEARING
CONFERENCES
Fors 207.01 Commencement of Hearing. A hearing shall be commenced by an order of
the board giving notice to the parties at least 30 days prior to the hearing as
required by Fors 207.03.
Source. #6876, eff 10-28-98;
ss by #8711-A, eff 8-25-06
Fors 207.02 Docket Numbers. A docket number shall be assigned to each
matter to be heard which shall appear on the notice of hearing and all
subsequent orders or decisions of the board.
Source. #6876, eff 10-28-98;
ss by #8711-A, eff 8-25-06
Fors 207.03 Notice of Hearing.
(a) A notice of a hearing issued by the board at
least 30 days prior to the hearing shall
contain the information required by RSA 541-A:31, III, namely:
(1) A statement of the time, place
and nature of any hearing;
(2) A statement of the legal authority under
which a hearing is to be held;
(3) A reference to the particular
statutes and rules involved including this chapter;
(4) A short and plain statement of the issues
presented;
(5) A statement that each party has the right to
have an attorney represent them at their own expense; and
(6) A statement that each party has the right to
have the board provide a certified shorthand court reporter at the party’s
expense and that any such request shall be submitted in writing at least 10
days prior to the hearing.
Source. #6876, eff 10-28-98;
ss by #8711-A, eff 8-25-06
Fors 207.04 Appearances and Representation.
(a) A
party or the party’s representative shall file an appearance that includes the
following information:
(1) A brief identification of the matter;
(2) A statement as to whether
or not the representative is an attorney; and
(3) The party or representative's daytime address
and telephone number.
Source. #6876, eff 10-28-98;
ss by #8711-A, eff 8-25-06
Fors 207.05 Pre-Hearing Conference. Any party may request, or the presiding
officer shall schedule on his or her own initiative, a pre-hearing conference
in accordance with RSA 541-A:31,V to consider:
(a) Offers
of settlement;
(b) Simplification
of the issues;
(c)
Stipulations or admissions as to issues of fact or proof by consent of
the parties;
(d) Limitations on the number of witnesses;
(e)
Changes to standard procedures desired during the hearing by consent of
the parties;
(f)
Consolidation of examination of witnesses; and
(g) Any
other matters which aid in the disposition of the proceeding.
Source. #6876, eff 10-28-98;
ss by #8711-A, eff 8-25-06
PART Fors 208 ROLES OF BOARD STAFF AND COMPLAINANTS
Fors 208.01 Role of Board Staff in Enforcement or
Disciplinary Hearings. Unless called
as witnesses, board staff as defined in Fors 102.01 shall have no role in any
enforcement or disciplinary hearing.
Source. #6876, eff 10-28-98;
ss by #8711-A, eff 8-25-06
Fors 208.02 Role of Complainants in Enforcement or
Disciplinary Hearings. Unless called
as a witness or granted party or intervenor status, a person who initiates an
adjudicative proceeding by complaining to the board about the conduct of person
who becomes a party shall have no role in any enforcement or disciplinary
hearing.
Source. #6876, eff 10-28-98;
ss by #8711-A, eff 8-25-06
PART Fors 209 INTERVENTION
Fors 209.01 Intervention.
(a) A non-party may intervene in
a matter pending before the board under
the provisions of RSA 541-A:32, by filing a motion stating facts demonstrating
that the non-party's rights or other substantial interests might be affected by
the proceeding or that the non-party qualifies as an intervenor under any
provision of law.
(b) If
the presiding officer determines that such intervention would be in the
interests of justice and would not impair the orderly and prompt conduct of the
hearing, he or she shall grant the motion for intervention.
(c)
Participation by intervenors shall be limited to that which is necessary
to protect the interest identified in the petition for intervention.
(d) Petitions for intervention shall be filed any
time after commencement of a proceeding, and state:
(1) The petitioner's interest in the subject matter
of the hearing;
(2) Whether the petitioner appears in support of the complainant, or the respondent, as well
as for his or her own interest;
(3) Why the interests of the parties and the orderly
and prompt conduct of the proceeding would not be impaired; and
(4) Any other reasons why the petitioner should
be permitted to intervene.
(e) A person filing a complaint that becomes the
subject of a disciplinary hearing shall be served with the hearing notice and
notified of the right to intervene in the proceeding.
(f) Once granted leave to intervene, an
intervenor shall take the proceeding as he or she finds it and no portion of the proceeding shall be repeated because of
the fact of intervention.
Source.
#6876, eff
10-28-98; ss by #8711-A, eff 8-25-06
PART Fors 210 POSTPONEMENT REQUESTS AND FAILURE TO ATTEND
HEARING
Fors 210.01 Postponements.
(a) Any
party to a hearing may make an oral or written motion that a hearing be
postponed to a later date or time.
(b) If a
postponement is requested by a party to the hearing, it shall be granted if the
presiding officer determines that good cause has been demonstrated. Good cause shall include the unavailability
of parties, witnesses or attorneys necessary to
conduct the hearing, the likelihood that a hearing will not be necessary
because the parties have reached a settlement or any other circumstances that
demonstrate that a postponement would assist in resolving the case fairly.
(c) If
the later date, time and place are known at the time
of the hearing that is being postponed, the date, time and place shall be
stated on the record. If the later date,
time and place are not known at the time of the
hearing that is being postponed, the presiding officer shall issue a written
scheduling order stating the date, time and place of the postponed hearing as
soon as practicable.
Source. #6876, eff 10-28-98;
ss by #8711-A, eff 8-25-06
Fors 210.02 Failure to Attend Hearing. If any party to whom notice has been given in
accordance with Fors 207.03 fails to attend a hearing, the presiding officer
shall declare that party to be in default, unless failure to attend is justified
by a showing of good cause including accident, illness
or other circumstances beyond the control of the licensee and either:
(a) Dismiss the case, if
the party with the burden of proof fails to appear;
(b) Hear
the testimony and receive the evidence offered by a party, if that party has
the burden of proof in the case; or
(c)
Grant a postponement of the hearing under the provisions of Fors 210.01.
Source. #6876, eff 10-28-98;
ss by #8711-A, eff 8-25-06
PART Fors 211 REQUESTS FOR INFORMATION OR DOCUMENTS
Fors 211.01 Voluntary Production of
(a) Each party shall attempt in good faith to
completely and timely respond to requests for the voluntary production of
information or documents relevant to the hearing.
(b) When
a dispute between parties arises concerning a request for the voluntary
production of information or documents, any party may file a motion to compel
the production of the requested information under Fors 211.02.
Source. #6876, eff 10-28-98;
ss by #8711-A, eff 8-5-06
Fors 211.02 Motions to Compel Production of Information.
(a) Any
party may make a motion requesting that the presiding officer order the parties
to comply with information requests. The
motion shall be filed at least 15 days before the date scheduled for the
hearing, or as soon as possible after receiving the notice of hearing.
(b) The moving party’s motion shall:
(1) Set forth in detail those factors which it
believes justify its request for information; and
(2) List with specificity the information it is
seeking to discover.
(c) When
a party has demonstrated that such requests for information are necessary for a
full and fair presentation of the evidence at the hearing, the presiding
officer shall grant the motion.
Source. #6876, eff 10-28-98;
ss by #8711-A, eff 8-25-06
Fors 211.03 Mandatory Pre-Hearing Disclosure of
Witnesses and Exhibits. At least 5 days
before the hearing the parties shall exchange a list of all witnesses to be
called at the hearing with a brief summary of their
testimony, a list of all documents or exhibits to be offered as evidence at the
hearing, and a copy of each document or exhibit.
Source. #6876, eff 10-28-98;
ss by #8711-A, eff 8-25-06
PART Fors 212 RECORD, PROOF, EVIDENCE AND DECISIONS
Fors 212.01 Record of the Hearing.
(a) The
board shall record the hearing by tape recording or other method that will
provide a verbatim record except for a proceeding on emergency action shall be
governed by RSA 541-A:30, III.
(b) If
any person requests a transcript of the taped record, the board shall cause a
transcript to be prepared and, upon receipt of payment for the cost of the
transcription, shall provide copies of the transcript to the requesting party.
(c) At
the request of a party to any proceeding involving disciplinary action, the
record of the proceeding shall be made by a certified shorthand court reporter
provided by the board at the requesting party’s expense. A request for a certified shorthand court
reporter shall be filed at least 10 days prior to the hearing.
Source. #6876, eff 10-28-98;
ss by #8711-A, eff 8-25-06
Fors 212.02 Standard and Burden of Proof. The party asserting a proposition shall bear
the burden of proving the truth of the proposition by a preponderance of the evidence.
Source. #6876, eff 10-28-98;
ss by #8711-A, eff 8-25-06
Fors 212.03 Testimony; Order of Proceeding.
(a) Any
person offering testimony, evidence or arguments shall state for the record his
or her name, and role in the proceeding.
If the person is representing another person, the person being
represented shall also be identified.
(b)
Testimony shall be offered in the following order:
(1) The
party or parties bearing the burden of proof and such witnesses as the party
may call;
(2) The
party or parties opposing the party who bears the overall burden of proof and such
witnesses as the party may call.
Source. #6876, eff 10-28-98;
ss by #8711-A, 8-25-06
Fors 212.04 Evidence.
(a)
Receipt of evidence shall be governed by the provisions of RSA 541-A:33.
(b) All
documents, materials and objects offered as exhibits shall be admitted into evidence
unless excluded by the presiding officer as irrelevant, immaterial, unduly repetitious or legally privileged.
(c) All
objections to the admissibility of evidence shall be stated as early as
possible in the hearing, but not later than the time when the evidence is
offered.
(d)
Transcripts of testimony and documents or other materials, admitted into
evidence shall be public records unless the presiding officer determines that all
or part of a transcript or document is exempt from disclosure under RSA 91-A:5
or applicable case law.
Source. #6876, eff 10-28-98;
ss by #8711-A, eff 8-25-06
Fors 212.05 Proposed Findings of Fact and Conclusions
of Law.
(a) Any
party may submit proposed findings of fact and conclusions of law to the
presiding officer prior to or at the hearing.
(b) Upon
request of any party, or if the presiding officer determines that proposed
findings of fact and conclusions of law would serve to clarify the issues
presented at the hearing, the presiding officer shall specify a date after the
hearing for the submission of proposed findings of fact and conclusions of law.
(c) In
any case where proposed findings of fact and conclusions of law are submitted,
the decision shall include rulings on the proposals.
Source. #8711-A,
eff 8-25-06
Fors 212.06 Closing the Record.
(a)
After the conclusion of the hearing, the record shall be closed and no
other evidence shall be received into the record, except as allowed by (b)
below and Fors 212.08.
(b) Before
the conclusion of the hearing, a party may request that the record be left open
to allow the filing of specified evidence not available at the hearing. If the other parties to the hearing have no
objection or if the presiding officer determines that such evidence is
necessary to a full consideration of the issues raised at the hearing, the
presiding officer shall keep the record open for the period
of time necessary for the party to file the evidence and for cross
examination on such evidence.
Source. #8711-A,
eff 8-25-06
Fors 212.07 Reopening the Record. At any time prior to the issuance of the
decision on the merits, the presiding officer, on the presiding officer’s own
initiative or on the motion of any party, shall reopen the record to receive
relevant, material and non-duplicative testimony,
evidence or arguments not previously received, if the presiding officer
determines that such testimony, evidence or arguments are necessary to a full
and fair consideration of the issues to be decided.
Source. #8711-A,
eff 8-25-06
Fors 212.08 Decisions.
(a) A
board member shall not participate in making a decision
unless he or she personally heard the testimony in the case, unless the
matter’s disposition does not depend on the credibility of any witness and the record
provides a reasonable basis for evaluating the testimony.
(b) If a
presiding officer has been delegated the authority to conduct a hearing in the
absence of a majority of the officials of the board
who are to render a final decision, the presiding officer shall submit to the
board a written proposal for decision, which shall contain a statement of the
reasons for the decision and findings of fact and rulings of law necessary to
the proposed decision.
(c) If a
proposal for decision in a matter not personally heard by the board is adverse to a party to the proceeding other than the board
itself, the board shall serve a copy of the proposal for decision on each party
to the proceeding and provide an opportunity to file exceptions and present
briefs and oral arguments to the board.
(d) A
proposal for decision shall become a final decision upon its approval by the
board.
(e) The
board shall keep a decision on file in its records for at least 5 years
following the date of the final decision or the date of the decision on any
appeal, unless the director of the division of records management and archives
of the department of state sets a different retention period pursuant to rules
adopted under RSA 5:40.
Source. #8711-A,
eff 8-25-06
PART Fors 213 MOTION FOR REHEARING
Fors 213.01
Purpose. The rules in this
part are intended to supplement any statutory provisions, including RSA 541,
that require or allow a person to request a rehearing of a decision of the
board prior to appealing the decision.
Source. #6876, eff 10-28-98;
ss by #8711-A, eff 8-25-06
Fors 213.02 Applicability. The rules in this part shall apply whenever
any person has a right under applicable law to request a rehearing of a
decision prior to filing an appeal of the decision with the court having
appellate jurisdiction.
Source. #8711-A,
eff 8-25-06
Fors 213.03
Filing and Content of Motion.
(a) The motion for rehearing shall be filed
within 30 days of the date of the board decision or order.
(b) A motion for rehearing shall:
(1) Identify each error of fact, error of
reasoning, or error of law which the moving party wishes to have reconsidered;
(2) Describe how each error causes the board's
decision to be unlawful, unjust or unreasonable, or
illegal in respect to jurisdiction, authority or observance of the law, an
abuse of discretion, arbitrary, or capricious.
(3) State concisely the factual findings,
reasoning or legal conclusion proposed by the moving party; and
(4) Include any argument or memorandum of law the
moving party wishes to file.
Source. #8711-A,
eff 8-25-06
Fors 213.04
Standard for Granting Motion for Rehearing. A motion for rehearing in a case subject to
appeal under RSA 541 shall be granted if it demonstrates that the board's decision
is unlawful, unjust or unreasonable.
Source. #8711-A,
eff 8-25-06
Fors 213.05
Decision on Motion for Rehearing.
The board shall grant or deny a motion for rehearing, or suspend the
order or decision pending further consideration within 10 days of the filing of
the motion for rehearing.
Source. #8711-A,
eff 8-25-06
PART Fors 214 RULEMAKING PUBLIC COMMENT HEARINGS
Fors 214.01 Purpose. The purpose of this part is to provide a
uniform procedure for the conduct of public hearings at which comment from the general public will be solicited for evaluation and
consideration by the board relative to rulemaking.
Source. #6876, eff 10-28-98;
ss by #8711-A, eff 8-25-06
Fors 214.02 Scope.
(a)
These rules shall apply to all hearings required by state law to be
conducted by the board at which public comment shall be solicited, except that
they shall not apply to adjudicative hearings.
(b)
If any requirement set by these rules conflicts with an applicable
statute such other authority shall control.
Source. #6876, eff 10-28-98;
ss by #8711-A, eff 8-25-06
Fors 214.03 Notice.
(a)
A public comment hearing concerning rulemaking shall be commenced by
placing notice of the hearing in the "Rulemaking Register" so that it
shall appear at least 20 days prior to the hearing date.
(b)
Notice for rulemaking public comment hearings shall comply with RSA
541-A:6, I.
(c)
Nothing in these rules shall prohibit the board from giving greater
notice than the minimums set out in this part.
Source. #8711-A,
eff 8-25-06
Fors 214.04 Media Access.
(a) Public comment hearings shall be open to the
print and electronic media.
(b)
The moderator shall place limits on the activities of the media to avoid
disruption in the following ways:
(1) Limiting the number of media representatives
when their presence is disproportionate to the number of other citizens present
and shall cause other citizens to be excluded;
(2) Limiting the placement of television cameras
to certain locations in the hearing room; and
(3) Prohibiting interviews from being conducted within
the hearing room during the hearing.
Source. #8711-A,
eff 8-25-06
Fors 214.05 Moderator.
(a)
The hearing shall be presided over by a moderator who shall be the board
chairperson or a designee.
(b)
The moderator shall:
(1) Call the hearing to order;
(2) Cause a recording of the hearing to be made;
(3) Place limits on the media to avoid disruption
as set out in Fors 214.04(b);
(4) Recognize those who wish to be heard and
establish the order thereof;
(5) Limit the time for each speaker, as set out
in Fors 214.06(b);
(6) Remove or have removed any person who
disrupts the hearing;
(7) Adjourn the hearing; and
(8) Provide opportunity for the submission of
written comments.
Source. #8711-A,
eff 8-25-06
Fors 214.06 Public Participation.
(a)
Any person who wishes to speak on the issue or issues which are the
subject of the hearing shall place his or her name and address on a speakers'
list before the last speaker on the list has finished speaking. All whose names
appear on the speakers' list, as provided, shall be afforded reasonable time to
speak at the hearing. Reasonable time shall be determined considering the
number of people who wish to be heard, the time and the availability of the facility.
(b)
The board, through the moderator, shall:
(1) Refuse to recognize a person who refuses to
give his or her full name and address;
(2) When a group or organization wishes to
comment, limit the group to no more than 3 spokespersons, provided that the
members who are present shall be allowed to enter their names and addresses
into the record as supporting the position by the group or organization;
(3) Revoke recognition of a speaker who speaks or
acts in an abusive or disruptive manner; or
(4) Revoke recognition of a speaker who refuses
to keep his or her comments relevant to the issue or issues which are the
subject of the hearing.
(c)
Written comments may be submitted any time from the time notice has been
published until the record has been closed by the moderator, which shall not be
less than 7 calendar days after the hearing.
(d)
In the event that the number of speakers who wish to give oral testimony
relevant to the issue or issues involved exceed that number which can be heard
within a reasonable period of time subject to facility
availability and length of the hearing, the hearing shall be reconvened pursuant
to RSA 541-A:11, III to afford such persons
the opportunity to be heard. Speakers may elect to submit written testimony in
lieu of additional oral hearing.
Source. #8711-A,
eff 8-25-06
PART Fors 215 PETITION FOR
RULEMAKING
Fors 215.01 Petition for Rulemaking.
(a)
Any person may request the board to commence a proceeding for the
purpose of adopting, amending, or repealing a rule by filing a written petition
that contains:
(1) The text of the proposed rule or a statement
of the particular results intended by the petitioner
to flow from the implementation of the proposed rule;
(2) An identification of the particular
rule sought to be amended or repealed;
(3) Any data or argument the petitioner believes
would be useful to the board in deciding whether to commence a rulemaking
proceeding; and
(4) Name, address, signature of petitioner and
date signed.
Source. #8711-A,
eff 8-25-06
Fors 215.02 Disposition of Petition.
(a)
The board shall consider all petitions for rulemaking and proceed
pursuant to RSA 541-A:4. The board shall request additional data or argument
from the petitioner or other interested persons to clarify the merits of the
petition.
(b)
The board shall grant the petition if the petition is consistent with
statute and case law and will assist the board with the regulation of the
profession.
Source. #8711-A,
eff 8-25-06
PART Fors 216
DECLARATORY RULINGS
Fors 216.01 Petitions.
(a)
Any person may request a declaratory ruling from the board on matters
within its jurisdiction by filing an original and 5 copies of a petition
pursuant to Fors 206.02 (b).
(b)
A petition for declaratory ruling shall set forth the following information:
(1) The exact ruling being requested; and
(2) The statutory and factual basis for ruling, including
any supporting affidavits or memoranda of a law.
Source. #8711-A,
eff 8-25-06
Fors 216.02 Action on Petitions.
(a)
The petitioner shall provide such further information or participate in
such evidentiary or other proceedings as the board shall direct after
reviewing the petition and any replies received.
(b)
Upon
review and consideration, the board shall within
90 days rule on the petition pursuant to Fors 206.02 (d).
Source. #8711-A,
eff 8-25-06
PART Fors 217 EXPLANATION AFTER ADOPTION
Fors
217.01 Explanation after Adoption.
(a) Any person may request an explanation regarding
adoption of the rules pursuant to
(b) The request shall be considered at the next scheduled
board meeting and the board shall issue a
response within 45 days after consideration.
Source. #8711-B, eff 8-25-06;
ss by #10543, eff 3-13-14
PART Fors 218 WAIVER
OF SUBSTANTIVE RULES
Fors 218.01 Petitions for Waiver.
(a)
Any interested person may request the board to waive any rule not
covered by Fors 203.03 by filing an original and 6 copies of a petition which
identifies the rule in question and sets forth specific facts and arguments
which support the requested waiver.
(b)
Petitions for waivers of substantive rules shall address whether:
(1) Adherence to the rule would cause the petitioner
hardship;
(2) The requested waiver is necessary because of
any neglect or misfeasance on the part of the petitioner;
(3) Waiver of the rule would be consistent with
the statutes administered by the board; and
(4) Waiver of the rule would injure third persons.
(c)
If examination of the petition reveals that other persons would be
affected by the proposed relief, the board shall require service of the
petition on each such persons and advise each that they may file a reply to the
petition.
(d) The petitioner shall provide further information
or participate in such evidentiary or other proceedings as ordered by the board
as necessary to complete action on the petition.
(e)
A petition for waiver of a rule which does not contain the information
required in (b) above shall be denied without further notice or hearing.
(f)
The board shall grant petitions for waiver of a rule upon finding that
good cause exists to do so based on the information supplied by the petitioner
pursuant to Fors 218.01(b).
(g) The board shall, if good cause to do so
exists, initiate waiver or suspension of a substantive rule upon its own motion
by providing affected parties with notice and an opportunity to be heard, and
issuing an order which finds that:
(1) Adherence to the rule would cause the
petitioner undue personal hardship;
(2) There is no neglect or misfeasance on the part
of the petitioner;
(3) Waiver of the rule would be consistent with
the statutes administered by the board; and
(4) Waiver of the rule would not injure third
persons.
Source. #13582, eff
5-20-23
CHAPTER Fors
300 LICENSURE REQUIREMENTS
PART Fors 301 APPLICATION REQUIREMENTS
Fors 301.01 Application Process.
(a)
Persons wishing to become licensed as a forester in
(b)
An application, which is not signed by the applicant, and is not
accompanied by cash, a valid check or a valid credit card for
the application fee, shall not be accepted for processing and shall be returned
to the applicant.
(c)
The board shall acknowledge receipt of an application within 60 days of
acceptance for filing and shall notify the applicant of any deficiencies in the
application. Failure to remedy the deficiencies within 60 days shall result in
dismissal of the application. An
application shall be considered accepted for processing by the board when all
deficiencies are corrected.
(d)
The board shall take action on an application
considered accepted for processing by the board in accordance with the
requirements of Fors 302 to Fors 304 as follows:
(1) Grant the application for licensure pursuant
to Fors 302, to Fors 304;
(2) Review the application and request any
further information needed to clarify the applicant’s qualifications;
(3) Conditionally grant the application pending
successful passage of the examination pursuant to Fors 303.01; or
(4) Deny the application until the issues
identified in the denial order are resolved.
(e)
If the application is denied, the applicant shall be provided an
opportunity to request a hearing for reconsideration pursuant to Fors 207 regarding
denial issues identified by the board.
The applicant shall request a hearing in writing within 30 days.
Source. #5222, eff 9-11-91;
EXPIRED 9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14
Fors 301.02 Application for Licensure.
(a)
Each applicant for licensure shall provide, or cause to be provided, the
following on a form supplied by the board:
(1) The applicant’s name, including any names previously
used;
(2) The applicant’s residence and business
addresses and telephone numbers;
(3) The applicant’s date of birth, place of birth
and citizenship;
(4) The applicant’s dates of employment, titles
of positions, and present address of employer;
(5) Character of employment including types of
work performed and degree of responsibility;
(6) Name and present address of someone familiar
with each position;
(7) List of college or university credits
obtained including name of institution, years attended, graduation date and
certified copies of transcripts;
(8) A listing of
every state in which the applicant holds or has ever held registration/certification/licensure
as a forester with corresponding number and date of initial registration/certification/licensure;
(9) Whether the applicant has ever lost or been
denied registration/ certification/licensure as a forester or disciplined by
this board or another forester licensing board in any other state and if so, an
explanation of the circumstances;
(10) Whether the
registration/certification/licensure as a forester was issued by examination;
(11) Whether the applicant has ever been convicted
of a felony or misdemeanor, or violation associated with forestry or the
practice of forestry including timber harvesting and incidental activities
pursuant to
(12) The names, complete addresses, occupation and business relationship with the applicant of 5
references as specified in Fors 302.04; and
(13) The applicant’s signature.
(b)
Applicants shall pay the application fee as specified in Fors 301.04.
Source. #5222, eff 9-11-91;
EXPIRED 9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14
Fors 301.03 Fees.
(a)
All fees shall be in the form of cash, check, money order, credit
card, or bank draft made payable to “Treasurer, State of New Hampshire” and
shall be non-refundable.
(b)
One half of the fee shall accompany the application,
the balance shall be paid before the issuance of the license.
(c) Applications about which there has
been no communication by the applicant to the board for one year shall be
destroyed.
Source. #5222, eff 9-11-9;
EXPIRED 9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14
Fors 301.04 Application/Licensure Fees. The fees
shall be as follows:
(a)
The application fee for licensure as a forester shall be $120.00;
(b)
The fee for the forester examination shall be $100.00. Re-exam fees
shall be $100.00 except that there shall be no fee for the first
re-examination;
(c)
The application fee for licensed forester by state-to-state reciprocity
shall be $120.00;
(d)
The fee for replacement of lost or mutilated certificate of licensure
shall be $30.00;
(e)
The biennial renewal fee shall be $120.00. The fee for individuals licensed
less than 24 months in a biennial renewal period shall be $5.00 for each month
licensed.
(f)
If the renewal fee is not received by the date of expiration there shall
be a late fee of 20 percent per month;
(g)
The reinstatement fee shall be the renewal fee plus 20 percent late fee
totaling $408.00.
Source. #5222, eff 9-11-91;
EXPIRED 9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; amd by #10087, eff 3-1-12;
ss by #10544, eff 3-13-14
PART Fors 302 QUALIFICATION OF APPLICANTS
Fors 302.01 Candidate
Requirements. Candidates for licensure shall meet the requirements
established by RSA 310-A:104 before a license shall be granted. The board shall require documentation of the
applicant’s education and work experience to help determine competency.
Source. #5222, eff 9-11-91; EXPIRED
9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New.
#6876, eff
10-28-98; ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14
Fors 302.02 Experience Requirements.
(a)
Experience in the practice of forestry shall be of a grade and character
that indicates to the board that the applicant is competent to practice as a
forester. If experience is claimed under
Fors 302.02, an affidavit stating the dates of said employment, the types of
work performed and the names and address of employers
shall be provided.
(b) Experience shall be determined as follows:
(1) Applicants possessing a 4-year forestry
degree shall have 2 years experience which is
equivalent to 4000 hours within not less than 24 months and not more than 60
months of the date of application;
(2) Applicants possessing a 2-year forestry degree
shall have 4 years experience pursuant to Fors 302.02
which is equivalent to 8000 hours within not less than 48 months and not more
than 72 months of date of application;
(3) Applicants possessing a 4-year degree in a
related field shall have 4 years experience pursuant
to Fors 302.02 which is equivalent to 8000 hours within not less than 48 months and not more than 72
months of the date of application;
(4) Applicants possessing a 2-year degree in a
related field shall have 6 years experience pursuant
to Fors 302.02 which is equivalent to 12000 hours within not less than 72
months and not more than 120 months preceding the date of application; or
(5) Applicants possessing no forestry or related
degree shall have 8 years experience pursuant to Fors
302.02 which is equivalent to16000 hours within the 10-year period preceding
the date of application.
(c) Experience shall be gained under the
supervision of a licensed forester or if not, written explanation shall be
included with the application describing why the experience should be considered
satisfactory to the board.
(d)
Experience not gained under the direction of a licensed forester shall
be considered satisfactory by the board if:
(1) Experience in the practice of forestry was
earned in accordance with Fors 302.02 (f) (1), (2) and (3);
(2) Experience in the practice of forestry was
earned without violating Fors 501.03; and
(3) The candidate committed no misconduct
pursuant to RSA 310-A:112.
(e)
Failure of candidates whose experience is not gained under the direction
of a licensed forester to meet the experience requirements of Fors 302.02 (f)
(1),(2) and (3) shall, after notice and opportunity for a hearing, result in
denial of the application.
(f)
Experience in the practice of forestry shall be determined pursuant to
RSA 310-A:104 as follows:
(1) A minimum of 50% of required experience shall
demonstrate competency in all of the following core
areas:
a. Preparation of comprehensive forest management
plans;
b. Land use and forest type mapping;
c. Development and implementation of
silvicultural prescriptions which means a planned series of treatments designed
to change current stand structure to one that meets management goals;
d. Timber cruise and inventory;
e. Boundary line location and maintenance
pursuant to RSA 310-A:54, IV;
f. Timber harvesting supervision;
g. Marketing of timber products;
h. Timber sale administration;
i. Road and harvest layout; and
j. Knowledge of
(2) In addition to experience in core areas
required per Fors 302.02 (f) (1), satisfactory experience shall be in one or
more of the following areas:
a. Land surveying;
b. Wildlife management;
c. Natural resource research or education;
d. Timber stand improvement;
e. Logging;
f. Timber law enforcement;
g. Log scaling;
h. Saw milling;
i. Forest fire control;
j. Soil science pursuant to RSA 310:A-76, II;
k. Arboriculture;
l. Urban forestry;
m. Land use planning;
n. Conservation biology;
o. Wetland delineation pursuant to RSA 310-A:76,
II-a or;
p. Wood procurement; or
(3) Applicants who do not meet the experience required
pursuant to Fors 302.02 (f) (1) and (2) shall demonstrate experience and
competency in specialty areas such as:
a. Timberland appraisal;
b. Teaching of forestry at a college or
university level;
c. Teaching natural resource science at a college
or university level;
d. Public extension forestry and natural resource
education work, or
e. Forest policy in a governmental or management
position.
(g)
Experience shall be in accordance with the rules of professional conduct
set forth in Fors 501. Conduct proscribed by the rules of professional conduct,
when performed by an unlicensed person or during a prior period of licensure,
shall result in denying a license application or issuing a restricted license.
Source. #5222, eff 9-11-91; EXPIRED
9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6876, eff 10-28-98;
amd by #7575, eff 10-13-01; ss by #8710, eff 8-25-06;
ss by #10544, eff 3-13-14
Fors 302.03 Educational Requirements. Society of American
Source. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14
Fors 302.04 References Required. Each applicant for licensure shall provide
the board with the names and addresses of not fewer than 5 individuals, as
references, not related to the applicant, of whom 3 or more shall be individuals
having personal or professional knowledge of the applicant's forestry
experience and 2 of these being foresters as defined by RSA 310-A:99, and one
forester reference shall be an individual not connected with the applicant’s
current place of employment. The board
shall use as references any individuals, companies, or institutions whose names
appear in any part of the completed application.
Source. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14
Fors 302.05
(a)
Applicant’s name;
(b)
Reference’s name and address, relationship to the applicant, status as a
forester as defined by RSA 310-A:99;
(c)
A brief description of the reference’s knowledge of the applicant’s
qualifications in the practice of forestry; and
(d)
Signature of reference and date.
Source. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14
Fors 302.06 Additional References. The board shall require of the applicant the
names and addresses of additional references if the original information
provided by the references is unclear, incomplete or
contradictory.
Source.
#6876, eff
10-28-98; ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14
PART Fors 303 EXAMINATIONS
Fors 303.01 Examinations.
(a)
The board shall hold examinations semi-annually in May and October at
the
(b)
Whenever the evidence presented in an application does not appear to the
board conclusive and warranting the issuance of a license, the applicant shall
be required to pass a written examination.
(c)
The examinations shall consist of a written examination, prepared and graded by the
(d)
A candidate failing an examination may apply for re-examination at the
expiration of 6 months and shall be entitled to one re-examination without
payment of an additional fee. Subsequent re-examinations shall be granted upon
payment of the re-examination fee.
Source. #5222, eff 9-11-91;
EXPIRED 9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14
PART Fors 304 RECIPROCITY
Fors 304.01 Reciprocity. Reciprocity shall be granted to licensed,
certified, and registered foresters from states whose requirements, for licensure,
certification, and registration are comparable to the requirements of RSA 310-A
as it relates to forestry and the practice of forestry.
Source. #5222, eff 9-11-91;
EXPIRED 9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14
PART Fors 305 CREDENTIALS
Fors 305.01 License. An applicant for licensure as a licensed
forester, who has met satisfactorily all the requirements of RSA 310-A and who
has paid all of the fees, shall be issued a license by
the board. The licensee shall be issued
a license authorizing the practice of forestry that shall show the full name of
the licensee, shall have a serial number, and shall be signed by the chairman
and secretary under the seal of the board.
Source. #5222, eff 9-11-91;
EXPIRED 9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14
Fors 305.02 Pocket Cards. Biennially, the board shall issue a licensure
card, numbered to correspond with the forester's assigned number to each licensed
forester upon renewal of the license.
The card shall certify that the forester holds a license in good
standing and is authorized to practice forestry to the date of expiration as
shown on the card.
Source. #5222, eff 9-11-91;
EXPIRED 9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14
Fors 305.03 Licensed Forester Seal/Stamp.
(a)
The board shall upon issuance of a license to an applicant as a licensed
forester require the licensee to acquire an impression type seal or rubber
stamp of the design approved by these rules.
This seal shall bear the licensee's name and number as shown on the
license. This seal and original
signature shall be affixed on all plans, maps, contracts
and reports prepared by the licensee unless such person is exempt under
provisions of RSA 310-A:98.
(b)
The seal shall consist of 2 concentric circles, the outer circle having
a diameter of 1-9/16 inches and an inner circle having a diameter of 15/16 of
an inch. In the space between the
circles there shall be the words "State of
(c)
The stamping or sealing of any documents by the licensee with the licensee's
seal after the license has expired, has been suspended, revoked
or surrendered voluntarily shall be a violation of these rules. The stamping or sealing of any documents by
the licensee not prepared by the licensee personally or under the licensee’s
direct supervision shall be a violation of these rules.
Source. #5222, eff 9-11-91; EXPIRED
9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14
CHAPTER Fors
400 CONTINUED STATUS, LICENSEE DISCIPLINE
PART Fors 401 EXPIRATION AND RENEWALS
Fors 401.01 Renewals. If the renewal fee, application
and proof of continuing education are not received by the date of expiration the
forester’s name shall be omitted from the roster and the license shall expire
until such time as renewal and reinstatement fees are paid, and providing continuing
education requirements have been met.
Source. #5222, eff 9-11-91;
EXPIRED 9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14
Fors 401.02 Renewal Notices. Renewal notices shall be sent to each
licensed forester one month prior to expiration of his/her license. The
expiration date shall be the last day of the license holder’s birth month.
Source. #5222, eff 9-11-91;
EXPIRED 9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10087, eff 3-1-12; ss by #10544, eff 3-13-14
Fors 401.03 Renewal Application. Each applicant for licensure renewal shall
provide, or cause to be provided, the following on a form supplied by the
board:
(a)
The applicant’s full name;
(b)
The applicant’s business address and telephone number;
(c)
The applicant’s home address and telephone number;
(d)
Documentation that the applicant has complied with the continuing
education requirements of Fors 403.01;
(e)
A statement indicating any disciplinary or legal action brought against
the applicant for his/her services as a forester;
(f)
A statement indicating that the applicant has adhered to the ethical and
professional standards of Fors 500;
(g)
Acknowledgment that the provision of materially false information in the
application knowingly provided shall result in denial;
(h) Acknowledgement that, if the applicant
provided false information that is discovered after the license is renewed, it
shall result in disciplinary action by the board; and
(i) The applicant’s signature and date.
Source. #5222, eff 9-11-91;
EXPIRED 9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10087, eff 3-1-12; ss by #10544, eff 3-13-14
Fors 401.04 Denial of Renewal. Renewal shall be denied if, after notice and
an opportunity for hearing, the board finds:
(a)
Noncompliance with the continuing education requirements of Fors 403.01;
(b)
Any unethical act for which discipline shall be imposed under Fors 500;
(c)
Reasons for which an initial application could be denied;
(d)
Failure to furnish complete or accurate information on an initial or renewal
license application; or
(e)
Failure to file a renewal application within 12 months of license expiration.
Source. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14
Fors 401.05 Reinstatement. A forester whose license to practice in this
state has been allowed to lapse for a period of 12 months shall:
(a)
File a reinstatement application with the board that shall include at
least the following:
(1) The applicant’s full name;
(2) The applicant’s business address and
telephone number;
(3) The applicant’s home address and telephone
number;
(4) Documentation that the applicant has complied
with the continuing education requirements of Fors 403;
(5) A statement indicating any disciplinary or
legal action brought against the applicant for his/her services as a forester;
(6) A statement indicating that the applicant has
adhered to the ethical and professional standards of Fors 500;
(7) Acknowledgement by the applicant that the
provision of false information in the application shall result in disciplinary
action by the board;
(8) The names, complete addresses, occupation and business relationship with applicant of 3 references
from foresters as defined by RSA 310-A:99, I; and
(9) The applicant’s signature and date.
(b)
Applicants shall submit the application and reinstatement fees as
specified in Fors 301.04.
Source. #8710, eff 8-25-06;
ss by #10544, eff 3-13-14
PART Fors 402 DISCIPLINARY MATTERS
Fors 402.01 Initiation of Disciplinary Action. The board shall undertake misconduct
investigations, settlements of misconduct allegations, or disciplinary
hearings, in response to any information which reasonably suggests that a
licensee has engaged in professional misconduct.
Source. #5222, eff 9-11-91; EXPIRED
9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14
Fors 402.02 Disciplinary Sanctions.
(a)
Other than immediate license suspensions authorized by RSA 541-A:30, III
the board shall impose disciplinary sanctions only:
(1) After prior notice and an opportunity to be
heard; or
(2) Pursuant to a mutually agreed upon settlement
or consent decree;
(b)
When the board receives notice that a licensee has been subjected to
disciplinary action related to professional conduct by the licensing authority
of another jurisdiction, where the license was not reinstated, the board shall
issue an order directing the licensee to demonstrate why reciprocal discipline
should not be imposed in
(c)
In a disciplinary proceeding brought on the basis of
discipline imposed in another jurisdiction the licensee shall be subject to any
disciplinary sanction authorized by RSA 310-A:112 and RSA 310-A:114.
(d)
After a finding that misconduct has occurred, the board shall impose one
or more of the disciplinary sanctions authorized by RSA 310-A:112 and RSA
310-A:114.
(e)
In imposing sanctions, the board shall consider the following factors,
along with the presence of other aggravating or mitigating
circumstances, in determining the level or kind of disciplinary sanction
imposed:
(1) The seriousness of the offense;
(2) Prior disciplinary record;
(3) State of mind at the time of the offense;
(4) Acknowledgment of his or her wrongdoing;
(5) Willingness to cooperate with the board;
(6) The purpose of the rule or statute violated;
(7) The potential harm to public health and
safety; and
(8) The nature and extent of the enforcement
activities required of the board as a result of the
offense;
(f)
No hearing date established in a proceeding conducted under Fors 402.02
shall be postponed at the request of the licensee unless the licensee also
agrees to continue the suspension period pending issuance of the board’s final
decision.
(g)
Copies of board orders imposing disciplinary sanctions and copies of all
settlement agreements or consent decrees shall be sent to the licensing body of
each state in which the licensee is licensed and to such other entities, organizations,
associations, or boards as are required to be notified under applicable state
or federal law.
Source.
#5222, eff
9-11-91; EXPIRED 9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14
Fors 402.03 Administrative Fines.
(a)
Adjudicative procedures seeking the assessment of an administrative fine
shall be commenced against any person subject to such fines or penalties under
any provision of RSA 310-A when the board possesses evidence indicating that a
violation has occurred.
(b)
When persons subject to the board’s disciplinary authority are directed
to pay fines in accordance with Fors 402.02 (e), such fines shall be assessed
in accordance with the factors stated in Fors 402.02 (e) and the following
additional considerations:
(1) The cost of any investigation or hearing
conducted by the board; and
(2) The licensee’s ability to pay a fine assessed
by the board.
(c)
Administrative fines shall not exceed the following amounts:
(1) When no violation of the same type has
occurred within the 5 years preceding the board’s notice to the respondent, the
fine assessed shall not exceed $250.00 per day or $1,000.00 per offense
whichever is greater;
(2) When a single disciplinary infraction of the same
type has occurred within the 5 years preceding the board’s notice to the
respondent, the fine assessed shall not exceed
$250.00 per day or $1,500.00 per offense whichever is greater;
(3) When more than one disciplinary infraction of
the same type has occurred within the 5 years preceding the board’s notice to
the respondent, the fine assessed shall not exceed $250.00 per day or
$2,000.00 per offense whichever is
greater; and
(4) In the case of continuing violations, a
separate fine shall be assessed for each day the violation continues, but the
total amount of the fine and the respondent’s promptness and cooperativeness in
ceasing the prohibited conduct in question shall be considered in assessing the
daily fines. A single course of continuing conduct shall be treated as a single
violation for purposes of Fors 402.03 (c), (1), (2) and (3).
Source. #5222, eff 9-11-91;
EXPIRED 9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14
Fors 402.04 Procedures for Assessing and Collecting
Fines.
(a) Payment of a fine shall be
included among the options available for settling disciplinary allegations, and
shall be included among the types of disciplinary sanctions imposed after
notice and hearing.
(b)
In cases where the board initially intends to limit disciplinary
sanctions to an administrative fine, the board shall issue a “notice of apparent
liability” describing the alleged offense, stating the amount of the assessed
fine, and notifying the alleged offender that he or she shall pay or compromise
the fine by a date certain or request that an administrative hearing be
held. If a hearing is requested, the
notice of apparent liability shall be withdrawn and a notice of hearing shall
be issued. In such hearings, the board’s
disciplinary options shall not be limited to the assessment of an administrative
fine.
(c)
Nonpayment of a fine by a licensee or respondent in contravention of an
order, agreement or promise to pay, shall be a separate ground for discipline by
the board or a basis for denying a subsequent license or renewal application or
a basis for judicial action seeking to collect the fine.
Source. #5222, eff 9-11-91;
EXPIRED 9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14
PART Fors 403 CONTINUING EDUCATION
Fors 403.01 Basic Requirement.
(a)
Each licensee shall obtain at least 20 units of continuing education
units each biennium as a condition of biennial license renewal.
(b)
All 20 continuing education units shall be taken during the biennium
preceding the licensee’s expiration date.
(c)
A renewal application shall not be accepted for filing unless the
licensee indicates on the renewal application, and under penalty of unsworn
falsification, that he or she has completed the minimum required units of
approved continuing education required by Fors 403.01 (a).
Source. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10087, eff 3-1-12; ss by #10544, eff 3-13-14
Fors 403.02 Requirements for New Licensees. Persons licensed less than 24 months in a
biennial renewal period shall obtain one unit of approved continuing education
units for each month licensed up to 20 continuing education units (CEUs) as a
condition of license renewal.
Source. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10087, eff 3-1-12; ss by #10544, eff 3-13-14
Fors 403.03 Continuing Education Unit Requirements. Continuing education units shall meet the
following criteria or no credit shall be awarded:
(a)
Continuing education activities shall be relevant to the practice of
forestry. Such continuing education
activities may include technical, ethical, or managerial content;
(b)
The content of each presentation shall be well organized and presented
in a sequential manner;
(c)
There shall be a provision for individual participant course/program registration
including information required for record keeping and reporting; and
(d)
Self-directed learning activities shall include a written instrument
which tests the licensee’s comprehension of the content of that course or
program.
Source. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10087, eff 3-1-12; ss by #10544, eff 3-13-14
Fors 403.04 Continuing Education Units. Continuing education units shall be credited
as follows:
(a)
Two continuing education units shall apply to activity on a state or
national board of licensure for each year completed with a maximum of 4 per
biennium;
(b)
Credit shall be awarded for one continuing education unit for each
contact hour for a college level credit course for passing grades when grades
are awarded;
(c)
Credit shall be awarded for one continuing education unit for each
contact hour of a tour or field session;
(d)
Credit shall be awarded for one unit of continuing education in course
work, seminars, or professional technical presentations at meetings,
conventions, or conferences for each hour of attendance. Attendance at qualifying
programs presented at professional or technical society meetings shall earn
continuing education credit for the actual time of each program;
(e)
Teaching or instructing qualifying courses or seminars or making
presentations at technical meetings shall earn continuing education credit at
twice that of participants. Teaching credit shall be valid for teaching a
course or seminar for the first time only.
Teaching credit shall not apply to full-time educators;
(f)
Three hours of self-directed learning activity through
the use of media shall equal one continuing education unit;
(g)
Each core professional journal, article or
published forestry textbook pursuant to Fors 302.02 (f)(1) shall equal 12
continuing education units;
(h)
Active participation in professional or technical societies or state or
municipal committees and boards, related to natural resources shall equal 2
continuing education units and shall require that a licensee serve as an
officer or actively participate in a committee of the organization. Continuing
education units shall not be earned until each year of service is completed and
shall be limited to 4 continuing education units per biennium;
(i) Credit shall be awarded for one continuing
education unit per year for volunteers in the New Hampshire Tree Farm Program
for certification or inspections and shall be limited to 2 continuing units per
biennium;
(j)
Continuing education programs approved by the Society of American
Foresters (SAF) shall earn continuing education units as assigned by the SAF;
and
(k)
Continuing education units shall not be recognized for any repeat program
attended or completed within the renewal period.
Source. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10087, eff 3-1-12 (from Fors 403.05); ss by
#10544, eff 3-13-14; ss by #13733, eff 10-29-23
Fors 403.05 Record Keeping.
(a)
The licensee shall maintain records to be used to support continuing education
units claimed.
(b)
Records required shall contain attendance verification records in the
form of completion certificates or other documents supporting evidence of attendance
such as:
(1) Signed attendance receipts;
(2) Paid receipts;
(3) A copy of a listing of attendees signed by a
person sponsoring the course or program or the course/program provider;
(4) Continuing education verification from the
SAF; or
(5) Certificates of attendance from the sponsoring
organization.
(c)
The licensee shall retain attendance verification records for a period
of at least 4 years. Such documentation
shall be made available to the board for random audit and/or verification purposes.
Documentation shall support continuing education units claimed. Failure to provide documentation for audit
verification shall result in disciplinary action.
(d)
Not less than 5% of the licensees shall be randomly selected each year
by the board for compliance with Fors. 403.01.
Source. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10087, eff 3-1-12; ss by #10544, eff 3-13-14
Fors 403.06 Exemption. A licensee shall be exempt from the
continuing education requirements for serving on temporary active duty in the
armed forces of the
Source. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10087, eff 3-1-12; ss by #10544, eff 3-13-14
Fors 403.07 Waiver of Continuing Education Units
Deadline.
(a)
A licensee may request waiver of continuing education deadlines.
(b)
A waiver shall be granted provided the waiver petition meets the following
criteria:
(1) A petition requesting a waiver shall be filed
at least 30 days before the expiration of the biennial continuing education
period in question;
(2) Late filing shall be justified by a showing
of good cause that includes serious accident, illness
or other circumstances beyond the control of the licensee which actually prevents
the licensee from satisfying the continuing education requirements;
(3) Relevant supporting documentation from the
licensee’s physician or medical professional shall be furnished to the board when
necessary for a fair and informed determination by the board; and
(4) A waiver petition shall include a specific
timetable for completing specific courses, which will meet the petitioner’s continuing
education units deficiency.
Source. #8710, eff 8-25-06;
ss by #10087, eff 3-1-12; ss by #10544, eff 3-13-14
Fors 403.08 Noncompliance. Failure to submit documentation required per
Fors 403.05
which establishes that said requirements were so completed, shall after notice
and opportunity for hearing, result in disciplinary action including license suspension
or revocation unless a waiver petition has been timely filed and duly granted
by the board.
Source. #10087, eff 3-1-12
(from Fors 403.07); ss by #10544, eff 3-13-14
CHAPTER Fors
500 ETHICAL STANDARDS, PROFESSIONAL
CONDUCT, ADMINISTRATIVE FINES AND LICENSE SURRENDER
PART Fors 501 ETHICAL STANDARDS/PROFESSIONAL CONDUCT
Fors 501.01 Purpose and Scope.
(a)
To establish and maintain a high standard of integrity, skills and practice in the profession of forestry, the
following ethical standards/rules of professional conduct are adopted in
accordance with RSA 310-A, and shall be binding upon every person holding a
license issued by the board.
Source. #5222, eff 9-11-91;
EXPIRED 9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14
Fors 501.02 Obligation To Obey.
(a)
The ethical standards set forth in this part shall bind all licensees,
and violation of any such standard shall result in disciplinary sanctions. (b)
All persons licensed under RSA 310-A shall be considered to have
knowledge of the existence of these ethical standards/rules of professional
conduct, and shall be deemed to be familiar with their several provisions. Such knowledge shall encompass the
understanding that the practice of forestry is a privilege, as opposed to a right,
and the licensee shall be forthright and candid in the licensee's statements or
written response to the board or its representatives on matters pertaining to
professional conduct.
Source. #5222, eff 9-11-91;
EXPIRED 9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14
Fors 501.03 Standards of Conduct.
(a)
The licensee shall:
(1) Not attempt to practice in any professional field in which the
licensee is not certified/registered/licensed or competent;
(2) Undertake only work for which the licensee is
qualified by education and experience; and
(3) When serving as an expert or technical witness
before any court, commission, or other tribunal, express an opinion only when it is founded upon adequate
knowledge of the facts in issue, upon a background of technical competence in
the subject matter, and upon honest conviction of the accuracy and propriety of
the testimony.
(b)
The licensee shall:
(1) Clearly identify himself or herself, his or
her employer, and in whose interest he or she is working;
(2) Disclose fully in writing to the client any
financial or purchase interest the licensee or the licensee’s employer has in
the land or timber including the licensee or licensee’s employers
interest in the stumpage or timber to be harvested and the relationship to the
services to be provided by the licensee;
(3) Conscientiously avoid conflicts of interest
or even the appearance of such conflicts, and
(4) If despite such precaution, a conflict of
interest is discovered, it shall be promptly and fully disclosed to the
client/employer and the licensee shall be prepared to act immediately to
resolve the conflict.
(c)
The licensee shall:
(1) Not knowingly issue a false statement or
false information;
(2) Advertise only in truthful manner, stating the
services the licensee is qualified and prepared to perform;
(3) Not falsify or permit misrepresentation or
exaggeration of the licensee's or the licensee's associates', academic or
professional qualifications;
(4) Not misrepresent or exaggerate the licensee's
degree of responsibility in, or for the subject matter of prior assignments;
(5) Not misrepresent pertinent facts in brochures
or other presentations incident to the solicitation of employment concerning
employers, employees, associates, joint ventures, or the licensee or their past
accomplishments with the intent and purpose of enhancing the licensee's
qualifications and work;
(6) Issue no statements, criticisms, or arguments
on forestry matters which are inspired or paid for by an interested party, or
parties, unless such comments are prefaced by explicit identification of the
licensee and by disclosing the identities of the party or parties on whose
behalf the licensee is speaking;
(7) Not attempt to injure by false statement or
dishonest action either directly or indirectly, the professional reputation,
prospects, or business of another; and
(8) Be objective and truthful in all professional
reports, statements or testimony, and include only
relevant and pertinent information in such reports, statements, or testimony.
(d)
The licensee shall:
(1) Offer written documentation specifying the
services to be provided to the client by the licensee or under the licensee’s
supervision, the land upon which the work will be performed, the nature and
scope of the work to be performed, and the time period
within which the work is to be performed;
(2) Administer timber harvesting operations on behalf
of a client or employer only when written contracts are in place between the
client or employer and the third party purchasing stumpage;
(3) Disclose fully all direct or indirect costs
or obligations of services provided, by the licensee or under the licensee’s
supervision, including hourly or daily rates and commissions, as well as exclusive
contracts to sell forest products to certain individuals or firms;
(4) Provide complete services requested by client
or disclose clearly that such services cannot be provided;
(5) Not disclose information concerning the
affairs of the forester's client without the client's express permission;
(6) Not accept compensation or expenses from more
than one employer/client for the same service, unless the parties involved are
informed and consent; and
(7) Not solicit or accept gratuities, directly or
indirectly, from contractors, their agents, or other parties dealing with the
licensee's client in connection with the work for which the licensee is
responsible.
(e)
The licensee shall:
(1) At all times in the performance of services,
abide by applicable federal, state and municipal laws
and regulations;
(2) When asked to practice forestry which
deviates from accepted professional standards, advise the client or employer in
writing in advance of the known consequences of such deviation;
(3) While in public service as a member, advisor,
or employee of a governmental body or department, not participate in
considerations or actions with respect to private forestry services provided by
the licensee or by the licensee's organization;
(4) Unless the circumstances are fully disclosed
to all parties, not solicit or accept a forestry contract
from a government body on which a principal or officer of the licensee's organization
serves as a member;
(5) Not contract for the completion of another
licensee's contracted work unless reasonable effort has been made to consult
with the prior licensee by letter sent via U.S. mail or electronic mail; and
(6) Not engage in or participate in professional
or business practices of a fraudulent or dishonest nature.
(f) The licensee shall:
(1) Cooperate with investigations and requests
for information from the board and the board’s representatives;
(2) Present information to the board of licensure
for foresters for action, if the licensee has evidence of unprofessional
conduct of another forester provided that the licensee possesses reasonably clear
evidence that such misconduct is occurring;
(3) If she/he possesses reasonably clear evidence
that a person is practicing forestry without a license or otherwise violating
RSA 310-A:98-117, report said person to the board;
(4) Submit only truthful and correct information
in any application or other document filed with or statement made to the board;
(5) Inform the
board of a principal business/home address to which all official board
communications should be directed, and also of all
addresses where he/she is practicing forestry; and
(6) Report to the
board the establishment of a business/home address or the change or abandonment
of a business/home address within 30 days.
(g)
The licensee shall:
(1) Not sell nor permit the use of a seal to anyone,
recognizing that the seal indicates the licensee’s personal responsibility for
the work bearing the licensee’s seal and;
(2) Not affix a
signature and/or seal to any map or document dealing with subject matter in which
the licensee lacks competence by virtue of education and/or experience;
(3) Not affix the licensee’s signature and/or
seal to any map or document not prepared by licensee or under the licensee's
direct supervisory control; and
(4) Affix seal to all plans, maps, reports
prepared by the licensee and to all contracts related to the practice of
forestry.
Source. #5222, eff 9-11-91;
EXPIRED 9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14
PART Fors 502 VOLUNTARY LICENSE SURRENDER
Fors 502.01 Procedure for Surrendering a License. Any person holding a license may voluntarily
surrender that license by returning it to the board accompanied by a signed
letter stating that he/she intends to surrender his/her license.
Source. #5222, eff 9-11-91;
EXPIRED 9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14
Fors 502.02 Effect of Voluntary License Surrender.
(a)
A licensee who voluntarily surrenders a license shall retain no right or
privilege of a
(b)
Non-renewal of a license shall not preclude the board from investigating
or completing a disciplinary proceeding based upon the licensee’s professional
conduct while the license was still in effect. Nor shall surrender of a license
preclude the board from investigating disciplinary proceedings not expressly
referenced in the voluntary surrender order or settlement agreement. Such investigations and proceedings shall be
handled in the same manner as other disciplinary investigations and proceedings.
Source.
#5222, eff
9-11-91; EXPIRED 9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14
Fors 502.03 Voluntary Surrender When Misconduct Allegations
are Pending.
(a)
A licensee who wishes to surrender his or her license as part of a
settlement of pending misconduct allegations shall make a written settlement
offer to the board before the close of the record in a disciplinary hearing.
(b)
Any settlement agreement reached under (a), above, shall include the
following concessions:
(1) That the license surrender has occurred in
settlement of pending disciplinary charges; and
(2) That the pending disciplinary allegations
shall be fully resolved in any future application filed by the licensee in
(c)
The board shall decline to accept a settlement agreement under (a),
above, if the board believes the licensee has unreasonably declined to disclose
material information concerning the alleged misconduct or has refused to
stipulate to the truth of specific material facts concerning the alleged
misconduct which would be necessary to protect the public interest in the event
the licensee subsequently reapplies for a license.
(d)
A licensee’s stipulation of facts shall be exempt from public disclosure
to the extent permitted by RSA 91-A and if the public portion of the settlement
agreement or surrender document expressly states that a separate, confidential
stipulation of facts is on file with the board.
(e)
The fact of license surrender and the terms of
any settlement agreement pertaining thereto shall be distributed to all
relevant licensing authorities and professional societies in the same manner as
a final decision containing specific finding of professional misconduct.
Source. #5222, eff 9-11-91;
EXPIRED 9-11-97
New. #6597, INTERIM, eff
10-8-97, EXPIRED: 2-5-98
New. #6876, eff 10-28-98;
ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14
APPENDIX
Rule |
|
Fors 102.01 |
RSA 310-A:99 |
Fors 103.07 |
RSA 541-A:16,
I(a) |
Fors 104.02 |
RSA 310-A:100 |
Fors 105.02 |
RSA 310-A:1-d,
II(h)(3) |
Fors
201-213 |
RSA
310-A:102, VI; RSA 310-A:112, 113; RSA 541-A:16, I (b) (2) |
Fors
214 |
RSA
541-A:16, I (b) (3) |
Fors
215 |
RSA
541-A:16, I (c) |
Fors
216 |
RSA
541-A:16, I (d) |
Fors 217 |
|
Fors 218 |
RSA 541-A:16,
I(b) |
Fors 301.01,
301.02 |
RSA 310-A:102,
I; RSA 310-A:104, I-V |
Fors 301.03,
301.04 |
RSA 310-A:102,
V; RSA 310-A:105; RSA 310-A:116 |
Fors 301.04 (e) |
|
Fors
302.01 |
RSA
310-A:102, II; RSA 310-A:104 |
Fors
302.02 – 302.06 |
RSA
310-A:102, II; RSA 310-A:104 |
Fors
303.01 |
RSA
310-A:102, III; RSA 310-A:106 |
Fors
304 |
RSA
310-A:111 |
Fors
305 |
RSA
310-A:107 |
Fors
400 |
RSA
310-A:102, IV; RSA 310-A:108; RSA 310-A:109; RSA
310-A:110 |
Fors 401.02 |
|
Fors
402 |
RSA
310-A:102, VI, VII, VIII; RSA 310-A:112, I, II, III RSA
310-A:113; RSA 310-A:113-a; RSA 310-A:114 |
Fors 403 |
RSA 310-A:102,
VI; RSA 310-A:109; RSA 310-A:110 |
Fors
501 |
RSA
310-A:102, VI; RSA 310-A:103 |
Fors
502 |
RSA
310-A:113 |