Title 200 W. Va. C.S.R.

Foresters Foresters

Series 01 Certification Of Registered Foresters

W. Va. Code R. § 200-1-1 General

1.1. Scope. -- This legislative rule establishes educational and experience requirements, approved job titles and continuing education requirements for foresters and forestry technicians, and meeting requirements for the board.

1.2. Authority. -- W. Va. Code §30-19-6.

1.3. Filing Date. -- April 20, 2012.

1.4. Effective Date. -- April 20, 2012.

W. Va. Code R. § 200-1-2 Definitions

As used in these rules, the following words and terms have the following meanings:

2.1. “Board” means the State Board of Registration of Foresters.

2.2. “Certificate” means a certificate issued to practice as a registered forester or registered forestry technician.

2.3. “Certification” means a certificate issued under the provisions of this article.

2.4. “Certified” means a person holding a certification issued under the provisions of this article.

2.5. “Forester” means a person who has acquired specialized forestry training by reason of his or her knowledge of the natural sciences, mathematics, silviculture, forest protection, forest management, forest economics and forest utilization, acquired by professional forestry education and practical experience.

2.6. “Forester-in-training” or “Forestry technician-in-training” means a person who possesses the necessary educational qualifications as prescribed in this article for certification, but who has not completed the experience requirements in the field of forestry as required for certification.

2.7. “Forestry” means the professional practice embracing the science, business, and the art of creating, conserving and managing forests and forestlands for the sustained use and enjoyment of their resources, material or other forest produce.

2.8. “Practice of forestry” means professional forestry services, including the consultation, investigation, evaluation, planning or responsible supervision of any forestry activities when such professional service requires the application of forestry principles and techniques.

2.9. “Permit” means a document issued as evidence of qualification to practice as a forester-in-training or forestry technician-in-training under W. Va. Code §30-19-1 et seq. and this rule.

2.10. “Permittee” means a person holding a permit issued under the provisions of W. Va. Code §30-19-1 et seq. and this rule.

2.11. “Registered Forester” means a forester certified under W. Va. Code §30-19-1 et seq. and this rule.

2.12. “Registered Forestry Technician” means a forestry technician certified under W. Va. Code §30-19-1 et seq. and this rule.

W. Va. Code R. § 200-1-3 Applications

3.1. An applicant for certification as a registered forester shall submit evidence to the board of the following:

3.1.a. A bachelor’s degree in forestry from a four year school, college or university accredited by the Society of American Foresters and at least two years of full-time equivalent work experience as a professional forester within the ten years preceding the date of filing an application for registration; or

3.1.b. An associate’s degree from a two year technical forestry program recognized by the Society of American Foresters plus a bachelor’s degree in another natural science or business and at least four years of full-time equivalent work experience in the field of forestry acceptable to the board within the ten years preceding the date of filing an application for registration.

3.2. An applicant for certification as a registered forestry technician shall submit evidence to the board of an associate’s degree from a two year technical forestry program recognized by the Society of American Foresters and at least four years of full-time equivalent work experience in the field of forestry acceptable to the board within the ten years preceding the date of filing an application for registration.

3.3. All applicants must complete the application form provided by the Board and supply the following:

3.3.a. Personal information;

3.3.b. Educational information;

3.3.c. Qualifying work experience;

3.3.d. Verification of license, certification or other authority to practice from other state licensing boards, if applicable;

3.3.e. Written responses to questions regarding criminal offenses;

3.3.f. Written responses to questions regarding child support obligations; and

3.3.g. Applicable fee or fees as provided in 200CSR4.

W. Va. Code R. § 200-1-4 Qualifying Experience

4.1. Qualifying work experience acceptable to the board shall be:

Employment on a full-time basis, or, at the discretion of the board, equivalent part-time experience, with:

4.1.a. A business that provides professional forestry services, that is in good standing with respect to all lawful obligations imposed by state and federal law, that employs at least one registered forester in a supervisory position in West Virginia; or

4.1.b. A unit of the state or federal government that provides professional forestry services and employs at least one registered forester in a supervisory position in West Virginia; and

4.2. Actual job responsibilities, under the supervision of or in consultation with a registered forester, that include, on a regular basis, at least four of the following:

4.2.a. Consultation with respect to forestry activities;

4.2.b. Investigation of forestry activities;

4.2.c. Planning of forestry activities, which may include the laying out of roads, developing prescriptions, and selecting acreage or individual trees for present or future timber harvesting and/or timber resource preservation and management;

4.2.d. Evaluation of forestry activities; and

4.2.e. Responsible supervision of forestry activities.

4.3. Forms of Proof. Proof of qualifying experience includes:

4.3.a. Verification of experience on a form provided by the board and signed by the applicant listing the dates of all qualifying experience; or verification from the employer by signed letter containing the same information. A verification by letter shall contain sufficient employer identifying information to permit a check on the employer’s standing with respect to lawful state and federal obligations.

4.3.b. Verification of experience on a form provided by the board shall be signed by at least three professional foresters who have knowledge of the applicant’s actual job duties, indicating the actual job duties performed by the applicant, or the equivalent information provided in a signed letter.

W. Va. Code R. § 200-1-5 Examination Scores

5.1. An applicant to be certified as a registered forester must take the examination as required by the board and obtain a passing score as determined by the Board.

W. Va. Code R. § 200-1-6 Certification

6.1. Issuance. When the board has determined that an applicant for registration has satisfied the standards set forth in this rule, the board shall issue a certification containing the registered forester’s or forestry technician’s name and certification number.

6.2. Renewal. A registered forester or forestry technician who desires to continue in active practice shall, annually, on or before the July 1st, complete a renewal application, pay a renewal fee and maintain proof of acquisition of all required continuing education hours for random audit.

6.3. Renewal fees shall be paid by check or money order made payable to the State Board of Registration of Foresters.

6.4. Upon receipt of the application and renewal fee the secretary shall issue an renewal certificate card bearing the number of the license, the year for which renewed and any other information the board considers necessary.

6.5. When a registered forester or forestry technician has failed to pay his or her renewal fee by July 1st of that year, it is the duty of the secretary to notify the registered forester or forestry technician by mail at his or her last known address that the fee is due and unpaid and cite the penalties of using the title without the renewal.

6.6. The secretary of the Board shall make every effort to notify all registered forester or forestry technicians that they are required to renew their certification. Failure to receive the notification does not relieve a registered forester or forestry technician of the duty to renew his or her certification.

6.7. A certification not renewed by with no specific request to place it in "inactive" status will be automatically classified as "delinquent".

6.8. A certification is not transferable.

6.9. In the event of the denial, revocation, cancellation, suspension or non-renewal of any certification, the registered forester or forestry technician shall immediately return the certificate to the board. The applicant or licensee may appeal the board’s decision and the board shall conduct an appeal hearing.

6.10. Reinstatement of delinquent certificate: In the event that a registered forester or forestry technician fails to renew following the expiration date of his or her certificate, the board shall declare the registered forester or forestry technician delinquent and shall charge a delinquent fee for reinstatement of the certification. In no case shall the charge for reinstatement exceed the cost of initial registration. The board shall not include delinquent license holders whose renewal fee is unpaid as of October 1 in the published roster of members for the ensuing year.

W. Va. Code R. § 200-1-7 Temporary Permit

7.1. An applicant for certification as a registered forester who has completed the minimum educational requirements may file an application for a temporary permit pending completion of the work experience requirements. Upon receipt of the application and fee and acceptance by the board, the board shall issue an identification card certifying that the applicant is a graduate forester who is working toward eligibility for certification as a registered forester in West Virginia. The board shall take final action leading to the issuing of a certificate at the first regular board meeting following completion of the minimum experience requirements.

7.2. An applicant for certification as a registered forestry technician who has completed the minimum educational requirements may file an application for a temporary permit pending completion of the work experience requirements. Upon receipt of the application and license fee and acceptance by the board, the board shall issue an identification card certifying that the applicant is a graduate forestry technician who is working toward eligibility for certification as a registered forestry technician in West Virginia. The board shall take final action leading to the issuing of a certificate at the first regular board meeting following completion of the minimum experience requirements.

W. Va. Code R. § 200-1-8 Approved Job Titles

8.1. Only a person certified as a registered forester may use the job titles registered professional forester, professional forester, forester or any other title connoting to the general public that the applicant is a registered forester qualified to perform professional forestry services.

8.2. Only a person certified as a registered forestry technician may use the job titles registered forestry technician or forestry technician.

8.3. The board may at its discretion issue a warning letter when cases of inappropriate use of job titles are brought to its attention and may at any time refer cases for prosecution under W. Va. Code §30-19-10 or apply for injunctive relief as authorized under W. Va. Code §30-1-5.

W. Va. Code R. § 200-1-9 General Provisions

9.1. The board shall hold two regular meetings each year. The board may hold any additional necessary meetings, which shall be called by the secretary at the direction of the president or upon the written request of any three members.

9.2. A majority of members of the board constitute a quorum for the transaction of its business.

9.3. The seal of the board shall be affixed to all licenses or certificates of registration issued by it. The seal shall be two (2) inches in diameter and shall contain the words “state board of registration for foresters” and the state of West Virginia seal.

9.4. The president shall, when present, preside at all meetings, shall appoint all committees, and shall attest all certificates of registration.

9.5. The secretary shall receive and account for all monies in accordance with the West Virginia Code and shall attest all certificates of registrations. A record of the board’s proceedings shall be kept, as well as other records required by law.

9.6. Robert’s rules of order shall govern the procedure of the board when they are not in conflict with the provisions of the board’s by-laws or the West Virginia Code.

9.7. A majority vote of the board members shall govern the action of the board. The presiding officer shall vote on any motion presented before the board. If only three members are present, then a unanimous vote is required on any matter presented to the board for official action.

W. Va. Code R. § 200-1-10 Continuing forestry education

10.1. To renew a certificate, in addition to all other requirements, a registered forester or forestry technician shall attend ten hours of continuing forestry education for each twelve month period since the last renewal or initial certification, as the case may be, unless he or she is exempt from these continuing professional development requirements, as provided in subdivision 9.4 of this subsection. The board shall not renew a certificate if the registered forester or forestry technician fails to comply with these requirements.

10.2. Continuing forestry education hours must be recognized by the Society of American Foresters, a college or university approved by the Society of American Foresters or by the board. One hour of technical forestry instruction is equal to one hour of continuing forestry education. Continuing forestry education hours may not carry over for any twelve month period to a subsequent twelve month period.

10.3. Reporting and record keeping. A registered forester or forestry technician shall complete and submit the forms prescribed or accepted by the board certifying the continuing forestry education hours. Forms may be audited by the board for verification of compliance. If the board disallows any continuing forestry education hours, then the registered forester or forestry technician has six months from notice of the disallowance either to provide further evidence of having acquired the hours disallowed or to remedy the disallowance by acquiring the required hours. A registered forester or forestry technician may not use hours acquired to remedy a disallowance to fulfill continuing forestry education requirements for the next renewal period.

10.4. Exemptions. A registered forester or forestry technician is not subject to requirements of subsection 10.1 of this section if:

10.4.a. the registered forester or forestry technician has been granted emeritus or other similar honorific but inactive status by the board; or

10.4.b. the registered forester or forestry technician otherwise meets all renewal requirements and is a civilian called to active duty in the armed forces of the United States, is ill or disabled for a significant period of time or can demonstrate to the board another similar hardship.

10.5. The board shall provide forms to be used for reporting compliance with continuing forestry education hours.

200CSR1

200CSR1

Series 02 Contested Case Hearing Procedure

W. Va. Code R. § 200-2-1 General

1.1. Scope. -- This rule specifies the procedure for the adjudication of contested case hearings before the Board.

1.2. Authority. -- W. Va. Code ''30-19-1 et seq., 30-1-1 et seq., and 29A-5-1 et. seq.

1.3. Filing Date. -- December 13, 2000.

1.4. Effective Date. -- January 15, 2001

W. Va. Code R. § 200-2-2 Definitions

The following words and phrases as used in this rule shall have the following meanings, unless the context otherwise requires:

2.1. "Board" means the West Virginia Board of Registration for Foresters.

2.2. "Demanding party" means an individual who has been denied a license to practice forestry by the Board and who, as a result, demands that a hearing be held before the Board on the issue of such denial.

2.3. The term ACharged party@ means an individual who holds a license to practice forestry issued by the Board and who has been charged by the Board as described in Section 3.4 of these rules.

2.4. ALicense@ means a license issued by the Board pursuant to W. Va. Code '30-19-1 et seq.

2.5. The term "Licensee" means an individual who holds a license to practice forestry issued by the Board.

W. Va. Code R. § 200-2-3 Hearing Procedure

3.1. Any applicant denied a license or any licensee who has had their license suspended by the Board who believes such denial was in violation of W. Va. Code ''30-1-1 et seq. and/or 30-19-1 et seq. shall be entitled to a hearing on the action denying or suspending such license.

3.2. Any person who desires a hearing for the reason described in subsection 3.1 of this section must present a written demand for such to the Board.

3.3. When the chair of the Board or his or her authorized designee is presented with such a demand for a hearing, he or she shall schedule a hearing within forty-five (45) days of receipt by him or her of such written demand, unless postponed to a later date by mutual agreement.

3.4. Charges may be instituted against any licensee by the Board when probable cause exists for believing that the licensee may have engaged in conduct, practices or acts in such condition that his or her license should be suspended, revoked or otherwise disciplined for one or more of the grounds set forth in W. Va. Code '30-19-1 et seq. or the Board's legislative rules. Charges may be based upon information received by way of a verified written complaint filed with the Board and further information gathered by the Board in the process of investigating such complaint. Charges may also be based upon information received solely through investigative activities undertaken by the Board.

3.5. Charges instituted against a licensee as described in subsection 3.4 of this section shall be set forth in a Complaint and Notice of Hearing issued in the name of the Board as the agency of the state regulating the practice of forestry. Such Complaint and Notice of Hearing shall designate the Board as the AComplainant", and shall designate the licensee involved in the proceeding as the ARespondent"; shall set out the substance of each offense charged with sufficient particularity to reasonably apprise the Respondent of the nature, time and place of the conduct or condition complained of therein; and shall state the date, time and place for the hearing.

3.6. Upon receipt of a demand for a hearing described in subsections 3.1 and 3.2 of this section, the chair or his or her designee shall provide the demanding party, with a Complaint and Notice of Hearing issued in the name of the Board as the agency of the state regulating the practice of forestry. Such Complaint and Notice of Hearing shall designate the demanding party as the "Complainant" and shall designate the Board as the ARespondent"; shall set out the substance of each and every reason that the Board has denied the demanding party a license with sufficient particularity to reasonably apprise the demanding party of the nature, time and place of the conduct or condition at issue therein; and shall state the date, time and place for the hearing.

3.7. The Board may amend the charges set forth in a Complaint and Notice of Hearing as it deems proper.

3.8. A Complaint and Notice of Hearing shall be served upon the demanding or charged party at least thirty (30) days prior to the date of hearing.

3.9. Upon written motion received by the Board no later than twenty (20) days prior to the date of hearing, a more definite statement of the matters charged or the reasons stated for denial of licensure shall be provided to the demanding or charged party or his or her counsel, at least fifteen (15) days prior to the hearing date.

3.10. Hearings shall be conducted as follows:

3.10.1. Any party to a hearing shall have the right to be represented by an attorney-at-law, duly qualified to practice law in the state of West Virginia.

3.10.2. The Board shall be represented by the West Virginia Attorney General's Office.

3.10.3. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded from the hearing. Furthermore, the rules of evidence as applied in civil cases in the circuit courts of this state shall be followed. However, when necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs

3.10.4. The rules of privilege recognized by the law of this state shall be followed.

3.10.5. Objections to evidentiary offers shall be noted in the record. Any party to the hearing may vouch the record as to any excluded testimony or other evidence.

3.10.6. Any party to a hearing may appear with witnesses to testify on his or her behalf; may be heard in person, by counsel or both; may present such other evidence in support of his or her position as deemed appropriate by the Board and, when appropriate, may cross-examine witnesses called by the Board in support of the charges or in defense of its decision to deny licensure or a permit.

3.10.7. The hearing shall be held at such time and place as is designated by the Board, but no hearing shall be conducted unless and until at least thirty (30) days written notice thereof has been served upon the charged or demanding party and/or his or her attorney in person; or if he or she cannot be found, by delivering such notice at his or her usual place of abode and giving information of its purport, to his wife or her husband, or to any other person found there who is a member of his or her family and above the age of sixteen (16) years; or if neither his wife or her husband nor any such person can be found there, and he or she cannot be found, by leaving such notice posted at the front door of such place of abode; or if he or she does not reside in this state, such notice may be served by the publication thereof once a week for three successive weeks in a newspaper published in this state; or such notice may by served by registered or certified mail.

3.10.8. The hearing shall be open to the general public.

3.10.9. Members of the Board and its officers, agents and employees shall be competent to testify at the hearing as to material and relevant matters: Provided, that no member of the Board who testifies at such hearing shall thereafter participate in the deliberations or decisions of the Board with respect to the case in which he testified.

3.10.10. The hearing shall be conducted by a quorum of the Board.

3.10.11. A record of the hearing, including the complaint(s), if applicable, the notice of hearing, all pleadings, motions, rulings, stipulations, exhibits, documentary evidence, evidentiary depositions and the stenographic report of the hearing, shall be made and a transcript thereof maintained in the Board's files. Upon request, a copy of the transcript shall be furnished to any party at his or her expense.

3.10.12. Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference.

3.10.13. Where a hearing is held upon the instance of the Board after charges have been brought against a licensee pursuant to subsection 3.4 and 3.5 of this section, the Board shall have the burden of proof and shall present its evidence and/or testimony in support of the charges first.

3.10.14. Where a hearing is held upon demand under the provisions of subsections 3.1, 3.2, 3.3, and 3.6 of this action, the demanding party shall have the burden of proof and shall therefore be required to present his or her evidence first.

3.10.15. Following the conclusion of the Board's presentation of evidence in accordance with subsection 3.10.13 of this section the Respondent or charged party shall have the right to submit his or her evidence in defense.

3.10.16. Following the conclusion of the demanding party's presentation of evidence in accordance with subsection 3.10.14 of this section, the Board shall have the right to offer its evidence in rebuttal.

3.10.17. The Board may call witnesses to testify in support of its decision to deny licensure or in support of the charges instituted against a licensee; may present such other evidence to support its position; and, may cross-examine witnesses called by the demanding party or charged party in support of his or her position.

3.10.18. All parties shall have the right to offer opening and closing arguments, not to exceed ten (10) minutes for each presentation.

3.10.19. Hearings held by the Board as a result of charges instituted against a licensee may be continued or adjourned to a later date or different place by the Board or its designee by appropriate notice to all parties.

3.10.20. Motions for a continuance of a hearing may be granted upon a showing of good cause. Motions for continuance must be in writing and received in the office of the Board no later than seven (7) days before the hearing date. In determining whether good cause exists, consideration will be given to the ability of the party requesting the continuance to proceed effectively without a continuance. A motion for a continuance filed less than seven (7) days from the hearing date may be denied unless the reason for the motion could not have been ascertained earlier. Motions for continuance filed prior to the date of hearing shall be ruled on by the chair or secretary of the Board. All other motions for continuance shall be ruled on by the Board.

3.10.21. All motions related to a case set for hearing before the Board, except motions for continuance and those made during the hearing, shall be in writing and shall be received in the office of the Board at least ten (10) days before the hearing. Prehearing motions shall be heard at a prehearing conference or at the hearing prior to the commencement of testimony. The Board member(s) presiding at the hearing shall hear the motions and the response from the non-moving party and shall rule on such motions accordingly.

W. Va. Code R. § 200-2-4 Transcription of Testimony and Evidence

4.1. All testimony, evidence, arguments and rulings on the admissibility of testimony and evidence shall be reported by stenographic notes and characters or by mechanical means.

4.2. All reported materials shall be transcribed. The Board shall have the responsibility to make arrangements for the transcription of the reported testimony and evidence.

4.3. Upon the motion of the Board or any party assigning error or omission in any part of any transcript, the Board chair or presiding member shall settle all differences arising as to whether such transcript truly discloses what occurred at the hearing and shall direct that the transcript be corrected and/or revised as appropriate so as to make it conform to the truth.

4.4. A transcript of the hearing shall be provided to all members of the Board for review at least ten (10) days before the vote is taken on its decision in any licensure disciplinary matter.

W. Va. Code R. § 200-2-5 Submission of Proposed Findings of Fact and Conclusions of Law

5.1. Any party may submit proposed findings of fact and conclusions of law at a time and manner designated by the Board.

W. Va. Code R. § 200-2-6 Conferences; Informal Disposition of Cases

6.1. At any time prior to the hearing or thereafter, the Board, its designee may hold conferences for the following purposes:

6.1.1. To dispose of procedural requests, prehearing motions or similar matters;

6.1.2. To simplify or settle issues by consent of the parties; or,

6.1.3. To provide for the informal disposition of cases by stipulation or agreement.

6.2. The Board may cause such conferences to be held on its own motion or by the request of a party.

6.3. The Board may also initiate or consider stipulation or agreement proposals with regard to the informal disposition of cases and may enter into such stipulations and/or agreements without conference.

W. Va. Code R. § 200-2-7 Depositions

7.1. Evidentiary depositions may be taken and read or otherwise included into evidence as in civil actions in the circuit courts of this state.

W. Va. Code R. § 200-2-8 Subpoenas

8.1. Subpoenas to compel the attendance of witnesses and subpoenas duces tecum to compel the production of documents may be issued by any member of the Board.

Such subpoenas shall be issued pursuant to W. Va. Code '29A-5-1(b).

8.2. Written requests by a party for the issuance of subpoenas or subpoenas duces tecum as provided in subsection 8.1 of this section must be received by the Board no later than ten (10) days before a scheduled hearing. Any party requesting the issuance of subpoenas duces tecum shall see that they are properly served in accordance with W. Va. Code '29A-5-1(b)

W. Va. Code R. § 200-2-9 Orders

9.1. Any final order entered by the Board following a hearing conducted pursuant to these rules shall be made pursuant to the provisions of W. Va. Code ''29A-5-3 and 30-1-8(d). Such orders shall be entered within forty-five (45) days following the submission of all documents and materials necessary for the proper disposition of the case, including transcripts, and shall contain findings of fact and conclusions of law.

9.2. The findings of fact and conclusions of law must be approved by a majority of the Board either by a poll or vote at a regular meeting, before a final order is entered. A copy of the final order approved by a majority of the Board shall be served upon the demanding or charged party and/or his or her attorney of record, if any, within ten (10) days after entry by the Board by personal service or by registered or certified mail.

W. Va. Code R. § 200-2-10 Appeal

10.1. An appeal from any final order entered in accordance with these rules shall comply with the provisions of W. Va. Code ''30-1-9 and 29A-6-1 et seq.

200CSR2

Series 03 Disciplinary And Complaint Procedures For Foresters

W. Va. Code R. § 200-3-1 General

1.1. Scope. -- This rule specifies a procedure for the investigation and resolution of complaints against foresters and forestry technicians.

1.2. Authority. -- W. Va. Code ''30-19-1 et seq. and 30-1-1 et seq.

1.3. Filing Date. -- December 13, 2000.

1.4. Effective Date. -- January 15, 2001.

W. Va. Code R. § 200-3-2 Application

This rule applies to all licensed foresters and forestry technicians.

W. Va. Code R. § 200-3-3 Definitions

The following words and phrases as used in this rule have the following meanings, unless the context otherwise requires:

3.1. AApplicant@ means any person making application for an original or renewal license pursuant to W. Va. Code '30-19-1 et seq.

3.2. ABoard@ means the West Virginia Board of Registration for Foresters.

3.3. ALicense@ means a license issued by the Board pursuant to W. Va. Code '30-19-1 et seq.

3.4. AForester and forestry technician@ means a person who practices forestry.

3.5. AEthics investigator@ means a person licensed to practice forestry in this state, and who is hired by the Board for the purpose of reviewing complaints against foresters and forestry technicians.

W. Va. Code R. § 200-3-4 Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses of Foresters and Forestry Technicians

The Board may deny an application for license, place a licensee on probation, limit or restrict a license, suspend a license or revoke any license issued by the Board, upon satisfactory proof that a licensee has been convicted of a felony or is, in his or her professional capacity, engaged in conduct, practices or acts constituting professional negligence or a willful departure from accepted standards of professional conduct in violation of W. Va. Code '30-19-1 et seq. or the rules of the Board.

W. Va. Code R. § 200-3-5 Disposition of Complaints

5.1. Any person, firm, corporation, member of the Board, or public officer may make a complaint to the Board which charges a forester, forestry technician or applicant with a violation of W. Va. Code '30-19-1 et seq. or of the rules of the Board. The Board may provide a form for that purpose, but a complaint may be filed in any written form. In addition to describing the alleged violation which prompted the complaint, the complaint should contain the following:

5.1.1. The name and address of the forester, forestry technician against whom the complaint is lodged;

5.1.2. The date of the violation; and

5.1.3. The name of any person who may verify the alleged incident.

5.2. A complaint against a forester, forestry technician shall allege that such person has been convicted of a felony or is, in his or her professional capacity, engaging in conduct, practices or acts constituting professional negligence or a willful departure from accepted standards of professional conduct in violation of W. Va. Code '30-19-1 et seq. or the rules of the Board.

5.3. Complainants are immune from liability for the allegations contained in their complaints filed with the Board unless the complaint is filed in bad faith or for a malicious purpose.

5.4. The Board shall maintain a complaint log which records the receipt of each complaint, its nature and its disposition.

5.5. The Board shall maintain a separate file on each complaint received, and each file shall have a number assigned to it.

5.6. Upon receipt of a complaint, the Board shall issue one of the following acknowledgments to the complainant:

5.6.1. That the matter will be reviewed by the Board;

5.6.2. That the complaint is outside the jurisdiction of the Board, with suggestions as to how the complainant might best obtain a resolution of his or her problem; or,

5.6.3. That more information will be required in order to adequately review the individual complaint.

5.7. The Board shall send a copy of the complaint, including any supporting documentation, by certified mail to the licensee or applicant in question for his or her written comment, and he or she shall submit a written response to the Board within thirty (30) days of the date of such correspondence, or waive the right to do so.

5.8. Requests for comment on complaints sent to licensees or applicants shall be considered properly served when sent to their last known address. It is the responsibility of the licensee or applicants to keep the Board informed of his or her current address.

5.9. Upon receipt of a licensee=s or applicant=s comments in response to a complaint, the Board shall promptly send a copy of the same, including any supporting documentation, to the complainant.

5.10. After receipt and review of a complaint, unless the complaint is determined to fall within the provisions of subdivision 5.6.2 of this rule, the Board shall cause to be conducted any reasonable inquiry or investigation it considers necessary to determine the truth and the validity of the allegations set forth in the complaint. The review of complaints and any view or investigation thereof may, at the discretion of the Board, be assigned to a committee of the Board.

5.11. At any point in its investigation of a complaint the Board may, at its discretion, assign the matter to an ethics investigator for review and investigation.

5.12. Upon receipt of a complaint the ethics investigator shall, within sixty (60) days, review and investigate the same and provide the Board with a report. The report shall contain a statement of the allegations, a statement of facts, and an analysis of the complaint, the records reviewed and a statement of the ethics investigator=s findings and recommendations. The ethics investigator shall, upon request, be afforded an opportunity to have an investigation interview with the licensee or applicant in question or other involved parties, a report of which shall be placed in the investigation file.

5.13. To facilitate the disposition of a complaint, the Board or the committee may request any person to attend an informal conference, or to appear at a regular meeting of the Board, at any time prior to the Board entering any order with respect to the complaint. The Board or the committee shall give notice of the conference, which notice shall include a statement of issues to be informally discussed. Statements made at a conference may not be introduced at any subsequent hearing on the merits without the consent of all parties to the hearing. No prejudice shall attach for failure to attend a conference pursuant to a request.

5.14. The Board, its president, the investigating committee or chairperson may issue subpoenas and subpoenas duces tecum to complete the Board=s investigation and to determine the truth or validity of complaints. The ethics investigator may request the Board or its president to issue a subpoena or subpoena duces tecum . Any such request shall be accompanied by a brief statement specifying the necessity for the same.

5.15. At any point in the course of an investigation or inquiry into a complaint, the Board may determine that there is not and will not be sufficient evidence to warrant further proceedings, or that the complaint fails to allege misconduct for which a forester, forestry technician may be sanctioned by the Board: Provided, that in the event the review and investigation of a complaint is assigned to the committee or an ethics investigator, the committee or ethics investigator shall make their respective findings and recommendations to the Board prior to the Board dismissing the complaint.

W. Va. Code R. § 200-3-6 Contested Case Hearings

6.1. The Board may refuse to renew a license or suspend a license if it determines there is probable cause to believe that a forester or forestry technician=s conduct, practices or acts constitute an immediate danger to the public.

W. Va. Code R. § 200-3-7 Appeals

7.1. Any applicant who has had his or her application for a license denied by order of the Board may appeal the order within thirty (30) days of that action in accordance with the contested case hearing procedures set forth in W. Va. Code '29A-6-1 et seq. and the rules of the Board: Provided, that the appeal shall not include cases in which the Board denies a license after an examination to test the knowledge or the ability of the applicant and the controversy concerns whether the examination was fair or whether the applicant passed the examination.

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Series 04 Schedule Of Fees

W. Va. Code R. § 200-4-1 General

1.1. Scope. -- This legislative rule establishes the various fees that are to be submitted to the State Board of Registration of Foresters.

1.2. Authority. -- W. Va. Code §30-19-6.

1.3. Filing Date. -- April 20, 2012.

1.4. Effective Date. -- April 20, 2012.

W. Va. Code R. § 200-4-2 Schedule of Fees

2.1. Examination fee to be certified as a registered forester: $100.00.

2.2. Application fee to be certified as a registered forester or forestry technician: $50.00.

2.3. Annual certification renewal fee: $35.00.

2.4. Late renewal fee: $10.00. Plus a $10.00 late fee for each 12 months late not to exceed $50.00.

200CSR4

200CSR4

Series 05 Code Of Ethics

W. Va. Code R. § 200-5-1 General

1.1. Scope. -- This legislative rule establishes the registered foresters and forestry technicians Code of Ethics.

1.2. Authority. -- W. Va. Code §30-19-2.

1.3. Filing Date. -- April 20, 2012.

1.4. Effective Date. -- April 20, 2012.

W. Va. Code R. § 200-5-2 Code of Ethics

2.1. The board recognizes that principles for professional conduct are required for registered foresters and forestry technicians to ensure confidence, respect and integrity in the forestry profession. The board adopts as a basis for its standards the national code of ethics of the Society of American Foresters. Stewardship of the land is the cornerstone of the forestry profession. The purpose of this code is to serve as the guiding principles for conduct for registered foresters and forestry technicians operating under the laws of West Virginia in their relations with each other, their employers, the public, and other professionals. All registered foresters and forestry technicians agree to abide by this code as a condition of registration.

2.1.a. A registered forester or forestry technician shall advocate and practice land management consistent with ecologically sound principles.

2.1.b. A registered forester or forestry technician’s knowledge and skills shall be utilized for the benefit of society. A member shall strive for accurate, current and increasing knowledge of forestry, shall communicate that knowledge when not confidential, and shall challenge and correct untrue statements about forestry.

2.1.c. A registered forester or forestry technician shall advertise only in a dignified and truthful manner, stating the services the member is qualified and prepared to perform. The advertisements may include references to fees charged.

2.1.d. A registered forester or forestry technician shall base public comment on forestry matters on accurate knowledge and shall not distort or withhold pertinent information to substantiate a point of view. Prior to making public statements on forest policies and practices, a member shall indicate on whose behalf the statements are made.

2.1.e. A registered forester or forestry technician shall perform services consistent with the highest standards of quality and with loyalty to the employer.

2.1.f. A registered forester or forestry technician shall perform only those services for which the member is qualified by education or experience.

2.1.g. A registered forester or forestry technician who is asked to participate in forestry operations which deviate from accepted professional standards shall advise the employer in advance of the consequences of the deviation.

2.1.h. A registered forester or forestry technician shall not voluntarily disclose information concerning the affairs of the member’s employer without the employer’s express permission or except as may be required by state or federal law or a court of competent jurisdiction.

2.1.i. A registered forester or forestry technician shall avoid conflicts of interest or even the appearance of such conflicts. If, despite taking precautions, a conflict of interest is discovered, it shall be promptly and fully disclosed to the member’s employer and the member shall be prepared to act immediately to resolve the conflict.

2.1.j. A registered forester or forestry technician shall not accept compensation or expenses from more than one employer for the same service, unless the parties involved are informed and consent.

2.1.k. A registered forester or forestry technician shall engage, or advise the member’s employer to engage, other experts and specialists in forestry or related fields whenever the employer’s interest would be best served by that action, and members shall work cooperatively with other professionals.

2.1.l. A registered forester or forestry technician shall not by false statement or dishonest action injure the reputation or professional associations of another member.

2.1.m. A registered forester or forestry technician shall give credit for the methods, ideas, or assistance obtained from others.

2.1.n. A registered forester or forestry technician in competition for supplying forestry services shall encourage the prospective employer to base selection of the services on comparison of qualifications and negotiation of fee or salary.

2.1.o. Information submitted by a registered forester or forestry technician about a candidate for a prospective position, award, or elected office shall be accurate, factual, and objective.

2.1.p. A registered forester or forestry technician having evidence of violation of this section by another member shall present the information and charges to the board.

2.2. Proposed amendments to the code of ethics shall be adopted by unanimous vote of the board members at any meeting at which there is a quorum present. Proposed amendments are subject to the rule making process as set forth in W. Va. Code §29A-3-1, et seq.

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200CSR5