Alabama Administrative Code Chapter 380-X-1 — Organization, Request for Information

380 Alabama Board of Registration for Foresters

Ala. Admin. Code r. 380-X-1-.01 Description Of Board's Operations

The State Board of Registration for Foresters consists of five registered foresters selected by the Governor of Alabama to administer Code of Ala. 1975, §34-12-1, et seq. Each member must meet the qualifications of §34-12-31, and each member serves a term of five years. The principal function of the Board is the examination and licensing of registered foresters, as well as granting reciprocity to qualified individuals. The Board provides for the administration of examinations of applicants and determines whether applicants satisfy the criteria of §34-12-4 for becoming registered foresters. It also administers the renewal, revocation, reissuance, or replacement of licenses of previously registered foresters and keeps a roster of registered foresters. In addition, the Board has authority to prefer charges or seek injunctive relief against those who practice forestry without a license or those who unlawfully represent themselves to be registered foresters. The office manager is empowered to act on behalf of the Board and its officers as authorized by these rules and by action of the Board. The Board meets quarterly in Montgomery on the Wednesday following the fourth Tuesday in January, April, July, and October. Special meetings may be held upon call by the chairman with each member of the Board receiving written notice at least forty-eight hours in advance. Meetings are usually held at the Alabama Forestry Commission in Montgomery.

History

• Author: Alexis V. London
• Authority: Code of Ala. 1975, §34-12-1, et seq.
• Filed November 2, 1983. Amended: Filed August 2, 2013; effective September 6, 2013.

Ala. Admin. Code r. 380-X-1-.02 Request For Information

Any person, as defined in Code of Ala. 1975, §41-22-3, may request information from the Board by submitting a Public-Records request form to the Administrator of the Board. The Board shall acknowledge the request within two business days of receiving it and shall be prepared to provide a substantive response fulfilling or denying the request within 15 business days of acknowledging receipt. The board may extend this period in 15-day increments upon written notice to the requester.

The Board may charge the requester up to $20.00 per hour, including a standard, minimum fee of $20.00, for time spent locating, retrieving, and preparing records for production. The Board may not charge for legal review or redaction necessary to withhold legally protected information.

The board may charge a per-page fee of up to $.50 for copies produced on standard 8.5x11 paper. The board may not charge a per-page fee for documents provided electronically.

The mailing address and telephone number are:

Administrator State Board of Registration for Foresters 513 Madison Avenue Montgomery, Alabama 36130 Telephone Number: (334) 240-9301

History

• Author: Alexis V. London
• Authority: Code of Ala. 1975, §§34-12-35, 41-22-4 (a)(1).
• Filed November 2, 1983. Amended: Filed February 9, 2007; effective March 16, 2007. Amended: Filed July 28, 2008; effective September 1, 2008. Amended: Published February 27, 2026; effective April 13, 2026.

Ala. Admin. Code r. 380-X-1-.03 Release Of Board Information

Request for information concerning the financial affairs of the Board shall be released only by the secretary of the Board and then only upon receipt of written request. The office manager is authorized to release to any person upon request only that information which has been released by the Board through the publicity chairman, and/or through the Roster of Registered Foresters and the Annual Report to the Governor. The Foresters Registration Record shall be used as a reference in the event a registrant's name does not currently appear in the published roster.

History

• Author: R. V. Miles, Jr.
• Authority: Code of Ala. 1975, §34-12-35.
• Filed October 1, 1982.

Ala. Admin. Code r. 380-X-1-.04 Applicant's Files - Confidentiality

Applicant's files are confidential and are available for inspection only by the office manager, members of the Board, and the applicant personally. These files will be kept in the offices of the Board and will not be removed. Proof of identity may be required of any person requesting access to his file.

History

• Author: Charles Tomlinson
• Authority: Code of Ala. 1975, §34-12-35.
• Filed October 1, 1982.

Ala. Admin. Code r. 380-X-1-.05 Audience With Board By Written Request

Any person may obtain an audience with the Board by directing a request, in writing, to the chairman, stating his reasons therefor, provided that the request is approved by the chairman.

History

• Author: R. V. Miles, Jr.
• Authority: Code of Ala. 1975, §34-12-35.
• Filed October 1, 1982.

Ala. Admin. Code r. 380-X-1-.06 Reports Agenda For Board Meetings

At the regular meetings of the Board, the office manager will make the following specific reports in accord with the established agenda and in conformity with the schedule as outlined herein:

(a) JANUARY MEETING - Number of foresters registered to date; deaths of registrants known or reported; renewals of reciprocity handled administratively; names and license numbers of registrants delinquent in payment of fees; status and condition of Board property.

(b) OCTOBER AND APRIL MEETINGS - The need for equipment and supplies and the estimated cost of each item; the financial statements as of the end of the state's fiscal year (September) and the mid-fiscal year (March).

(c) ALL REGULAR MEETINGS - Any information considered to be pertinent to the deliberations of the Board.

(d) SPECIAL MEETINGS - At the direction of the chairman, any regular or special report for which the office manager is vested with the authority to collect and maintain the supporting data.

History

• Author: R. V. Miles, Jr.
• Authority: Code of Ala. 1975, §34-12-35.
• Filed October 1, 1982.

Ala. Admin. Code r. 380-X-1-.07 Petition For Adoption Of Rules

(1) Any person who wishes to propose that the State Board of Registration for Foresters adopt, amend, or repeal any rule shall submit said proposal in the following form:

PETITION FOR ADOPTION OF RULES

1. Petitioner

Name_____________________________________________________

Address__________________________________________________

Phone____________________________________________________

2. Character of Change

I propose that the State Board of Registration for Foresters:

A. ( ) adopt the following new rule.

B. ( ) amend Rule__________________as follows.

C. ( ) repeal Rule___________________in total.

3. Text of Proposed Rule

If you checked Box "A" above, type the rule you propose. If you checked Box "B" above, type the currently effective rule, adding any proposed language. Proposed new language should be underlined and proposed deletion should be stricken through. If you checked Box "C" above, skip this and go to Part 4.

4. Purpose of Change

Briefly describe what the effect of this change will be, and why you believe the change should be made.

5. Signature

---

Date Petitioner

(2) The department shall consider the petition, and shall within ninety (90) days after submission of the petition, either deny the petition in writing on the merits, stating its reasons for the denial, or initiate rule-making proceedings in accordance with Code of Ala. 1975, §41-22-5.

History

• Author: Wilbur B. Devall
• Authority: Code of Ala. 1975, §41-22-5.
• Filed November 2, 1983.

Ala. Admin. Code r. 380-X-1-.08 Declaratory Rulings

The Board may issue declaratory rulings to any person substantially affected by a rule with respect to the validity of the rule, or with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by the Board, or with respect to the meaning and scope of any order of the Board. Such petitions shall be as follows:

==============================================================

IN RE: THE PETITION OF_______________________ DOCKET NO.______ (State petitioner's name)

FOR A DECLARATORY RULING ON___________________________________ ______________________________________________________________ (state rule number, statute for which interpretation sought, etc.)

PETITION FOR A DECLARATORY RULING

(A) The body petition shall be set out in numbered paragraphs as follows:

1. Petitioner's name:

2. Petitioner's full address:

3. All rules or statutes that may be involved in the petition, if known:

4. Clear and concise statement of the precise factual situation involved:

5. The exact question to which an answer is desired:

6. The reasons for submitting the petition:

7. Full disclosure of the petitioner's interest:

8. Statement as to whether the petitioner's case is presently under consideration by the department or in any pending proceeding:

9. Subscription and verification by the petitioner before a notary public:

(B) Upon receipt of a petition for a declaratory ruling, the department shall enter the date of receipt of the petition and the docket number and notify the petitioner of receipt.

History

• Author: Wilbur B. Devall
• Authority: Code of Ala. 1975, §41-22-11.
• Filed November 2, 1983.

Ala. Admin. Code r. 380-X-1-.09 Fees

Board fees are as follows:

Reciprocity Application Fees (Same as charged Alabama applicants in the reciprocal state)

History

• Author: Alexis V. London
• Authority: Code of Ala. 1975, §§34-12-35, 8-8-15.
• New Rule: Filed July 28, 2008; effective September 1, 2008. Amended: Filed November 6, 2013; effective December 11, 2013. Amended: Filed January 29, 2019; effective March 15, 2019. Amended: Published November 30, 2021; effective January 14, 2022. Amended: Published February 28, 2023; effective April 14, 2023.

Ala. Admin. Code r. 380-X-1-.10 Board Member Nominations

(1) Criteria for organizations that desire to name nominee candidates for successor members of the Alabama State Board of Registration for Foresters:

(a) An organization with Registered Foresters

1. Alabama Division, Society of American Foresters

2. Other agencies, associations, organizations, and Alabama Registered Foresters

(b) An organization that promotes the practice of professional forestry and supports Registered Foresters as qualified practitioners under laws of Alabama.

(2) Nomination process:

(a) The nominating process is two-tiered: 1) organizations nominating candidates; and 2) a nomination selection committee voting for the three nominees to be submitted to the Governor for each year’s scheduled member vacancy and any unscheduled vacancy.

(b) The Chairman of the ABORF Successor Member Nomination Selection Committee (Selection Committee) shall be the Secretary of the ASBRF and will recruit committee members. The Chairman will be a facilitator of the nominee selection process and as a current Board member shall not vote for nominees.

History

• Author: Alan P. Bruce
• Authority: Code of Ala. 1975, §34-12-30.
• New Rule: Published May 31, 2022; effective July 15, 2022.