Fors 100-505

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.

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.

(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.

(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;

(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

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 Information.

(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.

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 RSA 541-A:11,VII by submitting a request to the board.

(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 New Hampshire shall submit an application form provided by the board which contains the information specified in Fors 301.02, and the application fee specified in Fors 301.04.

(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 RSA 310-A:98 IV, and if so, the name of the court, the details of the offense and the date of conviction and the sentence imposed;

(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;

(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 New Hampshire forestry laws.

(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 Foresters accredited and recognized forestry degrees shall be considered forestry degrees as specified in Fors 302.02. All related degrees shall be from an institution accredited by the New England Board of Higher Education or an equivalent accrediting authority. Forestry degrees not accredited or recognized by the Society of American Foresters shall be considered related degrees. Applicants with related degrees who do not have at least college level classroom courses in silvics, silviculture, and mensuration shall take the exam, or otherwise show competency in these subject areas. Demonstration of competency shall include, but is not limited to, written work products, additional references and college level classroom training.

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 Information from References. Information from references shall be requested by the board on forms provided by the board as follows:

(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;

(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 University of New Hampshire, Durham.

(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 New Hampshire board of licensure for foresters or representatives designated by the board.

(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 New Hampshire" at the top of the circle and the words "Professional Forester" at the bottom of the circle. In the space inside the inner circle shall be the full name of the licensee and the license number written horizontally. Below the licensee's name and number and inside the curve of the inner circle shall be the word, "Licensed."

(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;

(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;

(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 New Hampshire.

(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.

(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;

(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 United States for a period of time exceeding 120 consecutive days in a year.

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.

(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 New Hampshire license unless such a right or privilege is expressly preserved in the board order or settlement agreement authorizing the voluntary surrender. Subject to such possible preservations, a person who reapplies for licensure in New Hampshire after a voluntary surrender shall have the burden of proving compliance with all of the requirements then in effect for new applicants and professional character requirements.

(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 New Hampshire.

(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	Specific State Statute the Rule Implements
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	RSA 541-A:11, VII
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)	RSA 310-A:102, V; RSA 310-A:116
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	RSA 310-A:102, VI; RSA 310-A:109; RSA 310-A:110
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