N.H. Code Admin. R. Ann. Fors — Board of Licensing for Foresters

agency-forsN.H. Code Admin. R. Ann. ForsRegulation

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Chapter Fors 100 Definitions, Organization and Public Information

Part Fors 101 Purpose and Scope

N.H. Code Admin. R. Ann. Fors 101.01 Purpose and Scope {#sec-fors-101.01 omnilex-key=us-nh-regs-official--agency-fors--Fors 101.01}

The rules of this title implement the statutory responsibilities of the New Hampshire board of licensure for foresters created by RSA 310-A:100 and shall be binding upon every licensed forester and person practicing forestry for compensation.

History

  • #5222, eff 9-11-91; EXPIRED 9-11-97
  • #6597, INTERIM, eff 10-8-97, EXPIRED: 2-5-98
  • #6915, eff 12-22-98

Part Fors 102 Definitions

N.H. Code Admin. R. Ann. Fors 102.01 Terms Used {#sec-fors-102.01 omnilex-key=us-nh-regs-official--agency-fors--Fors 102.01}

As used in these rules, the following terms shall have the meanings indicated:

(a) "Practice of forestry", pursuant to RSA 310-A:99, III, includes, but is not limited to, “services related to a wooded area such as consultation, investigation, evaluation, the development of management plans, timber appraisal and the responsibility for the supervision of silviculture, utilization, protection and other forest-related activities, consistent with all state laws applicable to the harvesting and transport of forest products.”

(b) “Board” means the New Hampshire board of licensure for foresters created by RSA 310-A:100.

History

  • #5222, eff 9-11-91; EXPIRED 9-11-97
  • #6597, INTERIM, eff 10-8-97, EXPIRED: 2-5-98
  • #6915, eff 12-22-98; ss by #13583, eff 5-20-23

Part Fors 103 Board Organization

N.H. Code Admin. R. Ann. Fors 103.01 Duties and Responsibilities {#sec-fors-103.01 omnilex-key=us-nh-regs-official--agency-fors--Fors 103.01}

The board shall administer the provisions of RSA 310-A:98-117 which include but are not limited to:

(a) Establishing and maintaining a high standard of integrity, skills and practice in the profession of forestry;

(b) Administering the application procedure for obtaining a license;

(c) Evaluating qualifications of applicants;

(d) Administering examination procedures;

(e) Administering renewal procedures and continuing education requirements;

(f) Establishing ethical and professional standards; and

(g) Implement disciplinary actions.

History

  • #5222, eff 9-11-91; EXPIRED 9-11-97
  • #6597, INTERIM, eff 10-8-97, EXPIRED: 2-5-98
  • #6915, eff 12-22-98
N.H. Code Admin. R. Ann. Fors 103.02 Composition of the Board {#sec-fors-103.02 omnilex-key=us-nh-regs-official--agency-fors--Fors 103.02}

The board shall consist of 4 Forester members and 3 public members who meet the eligibility requirements of RSA 310-A:100.

History

  • #5222, eff 9-11-91; EXPIRED 9-11-97
  • #6597, INTERIM, eff 10-8-97, EXPIRED: 2-5-98
  • #6915, eff 12-22-98
N.H. Code Admin. R. Ann. Fors 103.03 Election of Officers {#sec-fors-103.03 omnilex-key=us-nh-regs-official--agency-fors--Fors 103.03}

Biennially, the board shall elect or appoint a chairperson, vice-chairperson and secretary at the first meeting of the board in a calendar year.

History

  • #6915, eff 12-22-98
N.H. Code Admin. R. Ann. Fors 103.04 The Chairperson and Vice Chairperson {#sec-fors-103.04 omnilex-key=us-nh-regs-official--agency-fors--Fors 103.04}

The chairperson shall preside at all meetings. In the absence of the chairperson, the vice-chairperson shall preside.

History

  • #6915, eff 12-22-98
N.H. Code Admin. R. Ann. Fors 103.05 Seal {#sec-fors-103.05 omnilex-key=us-nh-regs-official--agency-fors--Fors 103.05}

The seal of the board shall be an embossed circular seal consisting of an outer Circle and an inner circle. Between the outer and inner circle shall be the words “Office of Professional Licensure and Certification” and “N.H. Board, Counsels, and Commissions”. Inside the inner circle shall be an outline of the State of New Hampshire and the letters “OPLC”.

History

  • #6915, eff 12-22-98; ss by #13583, eff 5-20-23 (formerly Fors 103.06)
N.H. Code Admin. R. Ann. Fors 103.06 Office Hours, Office Location, Mailing Address and Telephone {#sec-fors-103.06 omnilex-key=us-nh-regs-official--agency-fors--Fors 103.06}

(a) The board’s office shall be located at the office of professional licensure and certification, 7 Eagle Square, Concord, N.H. 03301, and shall be open to the public weekdays, excluding holidays, from 8:00 a.m. to 4:00 p.m.

(b) Correspondence shall be addressed to the NH board of licensure for forester’s care of the office of professional licensure and certification at the location stated in Fors 103.07(a).

(c) The board’s telephone number shall be (603) 271- 2152.

History

  • #6915, eff 12-22-98; ss by #13583, eff 5-20-23 (formerly Fors 103.07)

Part Fors 104 Public Information

N.H. Code Admin. R. Ann. Fors 104.01 Record of Board Actions {#sec-fors-104.01 omnilex-key=us-nh-regs-official--agency-fors--Fors 104.01}

Minutes shall be kept of board meetings and of official actions taken by the board. Minutes of board actions which are not confidential under RSA 91-A:3, II or RSA 91-A:5 shall be public records and shall be available for inspection during the board’s ordinary office hours within 144 hours from the close of the meeting or vote in question unless the 72 hours availability requirement of RSA 91-A:3, III is applicable.

History

  • #5222, eff 9-11-91; EXPIRED 9-11-97
  • #6597, INTERIM, eff 10-8-97, EXPIRED: 2-5-98
  • #6915, eff 12-22-98
N.H. Code Admin. R. Ann. Fors 104.02 Custodian of Records {#sec-fors-104.02 omnilex-key=us-nh-regs-official--agency-fors--Fors 104.02}

Persons desiring copies or board records shall submit a request which identifies as particularly as possible the information being sought. If records are requested which contain both public and confidential information, the board shall delete the confidential information and provide the remaining information.

History

  • #6915, eff 12-22-98; ss by #13583, eff 5-20-23

Part Fors 105 Meetings, Deliberations and Decisions

N.H. Code Admin. R. Ann. Fors 105.01 Meetings {#sec-fors-105.01 omnilex-key=us-nh-regs-official--agency-fors--Fors 105.01}

Regular meetings shall be held at least 3 times each year. Special meetings shall be called by order of the chairperson or secretary for consideration of appropriate board business. Each member of the board shall be notified in writing of each meeting and such notice shall contain the place, date, time, and subject of the meeting.

History

  • #5222, eff 9-11-91; EXPIRED 9-11-97
  • #6597, INTERIM, eff 10-8-97, EXPIRED: 2-5-98
  • #6915, eff 12-22-98
N.H. Code Admin. R. Ann. Fors 105.02 Quorum {#sec-fors-105.02 omnilex-key=us-nh-regs-official--agency-fors--Fors 105.02}

A quorum of the board shall consist a majority of the members approved by the governor and council and a majority vote by the quorum shall be necessary to pass a motion. In the absence of chair, vice chair, or secretary, the chair shall designate a pro tempore officer for the officer or officers absent.

History

  • #6915, eff 12-22-98; ss by #13583, eff 5-20-23

Part Fors 106 Appointment of Committees

N.H. Code Admin. R. Ann. Fors 106.01 Committees {#sec-fors-106.01 omnilex-key=us-nh-regs-official--agency-fors--Fors 106.01}

(a) A committee shall consist of one or more board members who have been directed by the board to investigate and make recommendations to the full board.

(b) When expressly authorized by the board, the authority of a committee shall include:

(1) The retention of voluntary assistance from qualified non-board members; and

(2) The retention of paid advisors or consultants pursuant to RSA 332-G:3.

History

  • #6915, eff 12-22-98; renumbered by #13583 (formerly Fors 107.01)

Chapter Fors 200 Rules of Practice and Procedure

Part Fors 201 Applicability and Waiver of Substantive Rules

N.H. Code Admin. R. Ann. Fors 201.01 Rules of Practice and Procedure {#sec-fors-201.01 omnilex-key=us-nh-regs-official--agency-fors--Fors 201.01}

The Plc 200 rules shall govern with regards to all procedures for:

(a) Adjudicatory proceedings;

(b) Rulemaking submissions, considerations, and dispositions of rulemaking petitions;

(c) Public comment hearings;

(d) Declaratory rulings;

(e) All statements of policy and interpretation;

(f) Explanation of adopted rules; and

(g) Voluntary surrender of licenses.

History

  • (See Revision Note at chapter heading for Fors 200) #13990, eff 7-28-24
N.H. Code Admin. R. Ann. Fors 201.02 Waiver of Administrative Rules {#sec-fors-201.02 omnilex-key=us-nh-regs-official--agency-fors--Fors 201.02}

(a) The board shall initiate a waiver of a substantive rule upon its own motion by providing affected parties with notice and opportunity to be heard, and issuing an order which finds that waiver would be necessary to advance the purpose of the rules of the board.

(b) Individuals who wish to request a waiver of a rule shall submit a written request to the board, which includes:

(1) The rule for which a waiver is requested;

(2) The anticipated length of time the requested waiver will be needed;

(3) The reason for requesting the waiver;

(4) Evidence of how the waiver will provide for the health and safety of the consumer or licensee;

(5) A time-limited written compliance plan which sets forth plans to achieve compliance including an estimated date of compliance; and

(6) The signature of the applicant.

(c) The board shall consider the following when determining whether to approve or deny a waiver:

(1) If adherence to the rule would cause the petitioner unnecessary or undue hardship;

(2) If the requested waiver is necessary because of any neglect or misfeasance on the part of the practitioner;

(3) If enforcement of the rule would injure a third person(s); and

(4) If waiver of the rule would injure a third person(s).

(d) The board shall approve a waiver of an administrative rule request only if:

(1) Granting a waiver does not have the effect of waiving or modifying a provision of RSA 310-A:98 through RSA 310-A:116;

(2) The petitioner has shown good cause exists pursuant to (c) above to waive the rule; and

(3) The board determines that the individual’s plans for compliance with the rule includes an estimated date of compliance and eventual compliance.

(e) If the board, after receiving and reviewing a request for a waiver, requires further information or documentation to grant or deny the waiver, the board shall:

(1) Notify the applicant in writing within 30 days; and

(2) Specify the information or documentation the board requires.

(f) The board shall issue a written approval or denial of the waiver within 60 days of the date the request is received, unless additional information or documentation is required. If additional information and documentation is required, then the board shall issue a written approval or denial within 60 days of receiving the requested information or documentation.

History

  • (See Revision Note at chapter heading for Fors 200) #13990, eff 7-28-24

Chapter Fors 300 Licensure Requirements

Part Fors 301 Application Requirements

N.H. Code Admin. R. Ann. Fors 301.01 Application Process {#sec-fors-301.01 omnilex-key=us-nh-regs-official--agency-fors--Fors 301.01}

(a) Persons wishing to become licensed as a forester in New Hampshire shall complete and submit the “Application for Licensure as a Forester” in compliance with Fors 301.02, and the application fee specified in Plc 1002.16.

(b) An unsigned application not accompanied by the application fee, shall not be accepted, and shall be returned to the applicant.

(c) The office of professional licensure and certification (“OPLC”) shall acknowledge receipt of a filed application within 30 days and shall notify the applicant of any deficiencies in the application and any additional documents required to complete the application.

(d) The OPLC shall take action on an application within 60 days of the submission of a completed application, in accordance with the requirements of Fors 302 to Fors 304 as follows:

(1) Grant the application for licensure pursuant to Fors 302 or 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 regarding the denial issues identified by the OPLC. The applicant shall request a hearing in writing within 30 days.

History

  • #5222, eff 9-11-91; EXPIRED 9-11-97
  • #6597, INTERIM, eff 10-8-97, EXPIRED: 2-5-98
  • #6876, eff 10-28-98; ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14; ss by #13855, eff 3-17-24
N.H. Code Admin. R. Ann. Fors 301.02 Application for Licensure {#sec-fors-301.02 omnilex-key=us-nh-regs-official--agency-fors--Fors 301.02}

(a) Each applicant for initial licensure shall submit “Universal Application for Initial Licensure” as required by Plc 304.01(a)(1).

(b) In addition to the information required by (a) above the applicant for forester licensure shall provide on the “Addendum to the Universal Application for Initial Licensure” the following:

(1) All names the applicant has ever been known by;

(2) The applicant’s employment related to forestry, for the immediately preceding 10 years, including types of work performed and degree of responsibility;

(3) Name and present address of someone familiar with each position listed in (2) above;

(4) Whether or not the registration, certification, licensure as a forester was issued by examination for each of the states the applicant has ever held a license; and

(5) The names, complete addresses, occupation, and business relationship with the applicant of 5 references as specified in Fors 302.04.

(c) The applicant shall sign and date the application described in (a) above in accordance with Plc 304.05.

(d) Applicants shall submit with the application the application fee as required by Plc 1002.16.

(e) The applicant for initial licensure shall submit the following documents in support of the applications described in (a) and (b) above:

(1) Transcripts, as applicable, directly from the educational institution to the OPLC or to the applicant for forwarding to the OPLC in an envelope that is evident that it has not been tampered with;

(2) Letters of good standing from every state where the applicant holds or has ever held a license, certification, or registration; and

(3) A detailed explanation of any of the “yes” answers to the yes or no questions on the “Universal Application for Initial Licensure” including but not limited to:

a. Relevant court documents;

b. Relevant malpractice claims or suits filed; and

c. Relevant orders, settlements, or disciplinary documents, including the status of compliance with such documents.

History

  • #5222, eff 9-11-91; EXPIRED 9-11-97
  • #6597, INTERIM, eff 10-8-97, EXPIRED: 2-5-98
  • #6876, eff 10-28-98; ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14; ss by #14085, eff 11-24-24
N.H. Code Admin. R. Ann. Fors 301.03 Non-communication {#sec-fors-301.03 omnilex-key=us-nh-regs-official--agency-fors--Fors 301.03}

Applications about which there has been no communication by the applicant to the OPLC or the board for one year shall be considered abandoned.

History

  • #5222, eff 9-11-9; EXPIRED 9-11-97
  • #6597, INTERIM, eff 10-8-97, EXPIRED: 2-5-98
  • #6876, eff 10-28-98; ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14; ss by #13855, eff 3-17-24
N.H. Code Admin. R. Ann. Fors 301.04 Application and Licensure Fees {#sec-fors-301.04 omnilex-key=us-nh-regs-official--agency-fors--Fors 301.04}

The fees shall be as required in Plc 1002.16.

History

  • #5222, eff 9-11-91; EXPIRED 9-11-97
  • #6597, INTERIM, eff 10-8-97, EXPIRED: 2-5-98
  • #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; ss by #13855, eff 3-17-24

Part Fors 302 Qualification of Applicants

N.H. Code Admin. R. Ann. Fors 302.01 Candidate Requirements {#sec-fors-302.01 omnilex-key=us-nh-regs-official--agency-fors--Fors 302.01}

Candidates for licensure shall meet the requirements established by RSA 310-A:104 before a license shall be granted. Documentation of the applicant’s education and work experience shall be required to help determine if qualified.

History

  • #5222, eff 9-11-91; EXPIRED 9-11-97
  • #6597, INTERIM, eff 10-8-97, EXPIRED: 2-5-98
  • #6876, eff 10-28-98; ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14; ss by #14085, eff 11-24-24
N.H. Code Admin. R. Ann. Fors 302.02 Experience Requirements {#sec-fors-302.02 omnilex-key=us-nh-regs-official--agency-fors--Fors 302.02}

(a) Experience in the practice of forestry shall be of a grade and character that indicates that the applicant is competent to practice as a forester. If experience is claimed under this section, 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 pursuant to Fors 302.02 which is equivalent to 4,000 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 8,000 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 8,000 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 12,000 hours within not less than 72 months and not more than 120 months preceding the date of application; or

(5) Applicants possessing no degree in forestry or in a related field shall have 8 years experience pursuant to Fors 302.02 which is equivalent to16,000 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 “Universal Application for Initial Licensure” 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 if:

(1) Experience in the practice of forestry was earned in accordance with Fors 302.02(e)(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) 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;

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;

k. Arboriculture;

l. Urban forestry;

m. Land use planning;

n. Conservation biology;

o. Wetland delineation; 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.

(f) Experience shall be in accordance with the rules of professional conduct set forth in Fors 501. Conduct prohibited 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.

History

  • #5222, eff 9-11-91; EXPIRED 9-11-97
  • #6597, INTERIM, eff 10-8-97, EXPIRED: 2-5-98
  • #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; ss by #14085, eff 11-24-24
N.H. Code Admin. R. Ann. Fors 302.03 Educational Requirements {#sec-fors-302.03 omnilex-key=us-nh-regs-official--agency-fors--Fors 302.03}

(a) Society of American Foresters accredited and recognized forestry degrees shall be considered forestry degrees as specified in Fors 302.02.

(b) All related degrees shall be from an institution accredited by the New England Board of Higher Education or an equivalent accrediting authority.

(c) Forestry degrees not accredited or recognized by the Society of American Foresters shall be considered related degrees.

(d) 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.

(e) Demonstration of competency shall include, but is not limited to, written work products, additional references, and college level classroom training.

History

  • #6876, eff 10-28-98; ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14; ss by #14085, eff 11-24-24
N.H. Code Admin. R. Ann. Fors 302.04 References Required {#sec-fors-302.04 omnilex-key=us-nh-regs-official--agency-fors--Fors 302.04}

Each applicant for licensure shall provide the OPLC with the names, addresses, e-mail addresses, and phone numbers 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.

History

  • #6876, eff 10-28-98; ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14; ss by #14085, eff 11-24-24
N.H. Code Admin. R. Ann. Fors 302.05 Information from References {#sec-fors-302.05 omnilex-key=us-nh-regs-official--agency-fors--Fors 302.05}

The professional reference shall complete the professional reference form and the applicant for licensure shall submit the completed and signed form to the OPLC. The professional reference shall provide the following:

(a) Applicant’s name;

(b) The professional reference’s present business or profession;

(c) The reference’s full name;

(d) Whether the reference is licensed as a forester and if yes, the state(s) of licensure;

(e) How long the reference has known the applicant;

(f) Whether the reference is related to the applicant and if yes how the reference is related to the applicant;

(g) The nature of the reference’s business connection to the applicant;

(h) Whether the reference knows anything reflecting adversely on the integrity or general good character of the applicant and if yes, provide a complete explanation of the yes answer;

(i) A brief description of the applicant’s skills as a forester;

(j) Whether the reference would employ the applicant in a position of trust and if no provide a complete explanation of the no answer;

(k) Whether the reference is connected to the applicant’s place of employment and if yes provide the name and address of the employer, and position of the forester applicant;

(l) Whether the reference has determined that the applicant is qualified to be placed in charge with full authority for decision making;

(m) Whether the applicant is in an individual practice, and indicate such, and the nature of the practice;

(n) Whether the reference would recommend the applicant for licensure as a forester and if no provide an explanation of the no answer;

(o) Any additional optional remarks the reference would like to provide with regards to the applicant; and

(p) The signature of reference and date of signing below the following statement:

“I make the above statements with full knowledge that the person referred to is making application for licensure to the State of New Hampshire as a forester.”

History

  • #6876, eff 10-28-98; ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14; ss by #13855, eff 3-17-24
N.H. Code Admin. R. Ann. Fors 302.06 Additional References {#sec-fors-302.06 omnilex-key=us-nh-regs-official--agency-fors--Fors 302.06}

The OPLC 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.

History

  • #6876, eff 10-28-98; ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14; ss by #14085, eff 11-24-24

Part Fors 303 Examinations

N.H. Code Admin. R. Ann. Fors 303.01 Examinations {#sec-fors-303.01 omnilex-key=us-nh-regs-official--agency-fors--Fors 303.01}

(a) The board shall hold examinations through the OPLC.

(b) Whenever the evidence presented in an application does not appear to the OPLC, in consultation with the board, to be conclusive and warranting the issuance of a license, the applicant shall be required to pass a written examination.

(c) The applicant for examination shall pay the fee pursuant to Plc 1002.16 each time they take the examination except for the on re-examination described in (e) below.

(d) The examination shall consist of a written examination, prepared and graded by the New Hampshire board of licensure for foresters or representatives designated by the board.

(e) 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.

History

  • #5222, eff 9-11-91; EXPIRED 9-11-97
  • #6597, INTERIM, eff 10-8-97, EXPIRED: 2-5-98
  • #6876, eff 10-28-98; ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14; ss by #13855, eff 3-17-24

Part Fors 304 Reciprocity

N.H. Code Admin. R. Ann. Fors 304.01 Reciprocity {#sec-fors-304.01 omnilex-key=us-nh-regs-official--agency-fors--Fors 304.01}

Reciprocity, as required by Plc 313.26, 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.

History

  • #5222, eff 9-11-91; EXPIRED 9-11-97
  • #6597, INTERIM, eff 10-8-97, EXPIRED: 2-5-98
  • #6876, eff 10-28-98; ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14; ss by #14085, eff 11-24-24

Part Fors 305 Credentials

N.H. Code Admin. R. Ann. Fors 305.01 License {#sec-fors-305.01 omnilex-key=us-nh-regs-official--agency-fors--Fors 305.01}

An applicant for licensure as a licensed forester, who has met satisfactorily all the requirements of RSA 310-A:104, RSA 310-A:105, RSA 310-A:107, and RSA 310-A:111 and who has paid all of the fees, shall be issued a license by the OPLC. The licensee shall be issued a license authorizing the practice of forestry that shows the full name of the licensee and their license number.

History

  • #5222, eff 9-11-91; EXPIRED 9-11-97
  • #6597, INTERIM, eff 10-8-97, EXPIRED: 2-5-98
  • #6876, eff 10-28-98; ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14; ss by #13855, eff 3-17-24
N.H. Code Admin. R. Ann. Fors 305.02 Licensed Forester Seal/Stamp {#sec-fors-305.02 omnilex-key=us-nh-regs-official--agency-fors--Fors 305.02}

(a) Upon issuance of a license, the licensee shall acquire a digital seal, an impression type seal, or rubber stamp of the design in compliance with these rules. The 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 the licensee 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 and RSA 310-A:114. 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 and RSA 310-A:114.

History

  • #5222, eff 9-11-91; EXPIRED 9-11-97
  • #6597, INTERIM, eff 10-8-97, EXPIRED: 2-5-98
  • #6876, eff 10-28-98; ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14; ss by #13855, eff 3-17-24

Chapter Fors 400 Continued Status, Licensee Discipline

Part Fors 401 Expiration and Renewals

N.H. Code Admin. R. Ann. Fors 401.01 Expiration {#sec-fors-401.01 omnilex-key=us-nh-regs-official--agency-fors--Fors 401.01}

License shall expire 2 years from the date the license was issued.

History

  • #5222, eff 9-11-91; EXPIRED 9-11-97
  • #6597, INTERIM, eff 10-8-97, EXPIRED: 2-5-98
  • #6876, eff 10-28-98; ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14; ss by #14086, eff 11-24-24
N.H. Code Admin. R. Ann. Fors 401.02 Renewal Processing {#sec-fors-401.02 omnilex-key=us-nh-regs-official--agency-fors--Fors 401.02}

Renewals shall be processed in accordance with Plc 308.09 through Plc 308.12.

History

  • #5222, eff 9-11-91; EXPIRED 9-11-97
  • #6597, INTERIM, eff 10-8-97, EXPIRED: 2-5-98
  • #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; ss by #14086, eff 11-24-24
N.H. Code Admin. R. Ann. Fors 401.03 Renewal Application {#sec-fors-401.03 omnilex-key=us-nh-regs-official--agency-fors--Fors 401.03}

Each applicant for licensure renewal shall submit:

(a) The “Universal Application for License Renewal” as required by Plc 308.05(a);

(b) The “Addendum to the Universal Application for License Renewal” as required by Fors 401.05(b); and

(c) The fee required by Plc 1002.16.

History

  • #5222, eff 9-11-91; EXPIRED 9-11-97
  • #6597, INTERIM, eff 10-8-97, EXPIRED: 2-5-98
  • #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; ss by #14086, eff 11-24-24
N.H. Code Admin. R. Ann. Fors 401.04 Denial of Renewal {#sec-fors-401.04 omnilex-key=us-nh-regs-official--agency-fors--Fors 401.04}

Renewal shall be denied if the OPLC finds:

(a) Noncompliance with the continuing education requirements of Fors 403.01;

(b) Any unethical act for which discipline shall be imposed under Fors 500;

(c) Any acts of misconduct as described RSA 310-A:112; or

(d) Failure to furnish complete or accurate information on an initial or renewal license application.

History

  • #6876, eff 10-28-98; ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14; ss by #14086, eff 11-24-24
N.H. Code Admin. R. Ann. Fors 401.05 Reinstatement {#sec-fors-401.05 omnilex-key=us-nh-regs-official--agency-fors--Fors 401.05}

A forester whose license to practice in this state has been allowed to lapse for a period of 12 months shall:

(a) File a “Universal Application for Renewal of Licensure” as required by Plc 312.02;

(b) File an “Addendum to the Application for Renewal of Licensure” containing the names, complete addresses, occupation, and business relationship with applicant of 3 references from foresters as defined by RSA 310-A:99, I;

(c) Submit the application and reinstatement fees as specified in Plc 1002.16; and

(d) Submit the following documents in support of the application for licensure reinstatement:

(1) Documentation that the applicant has complied with the continuing education requirements of Fors 403; and

(2) A detailed explanation of any of the “yes” answers to the yes or no questions on the “Universal Application for License Renewal” including but not limited to:

  1. Relevant court documents;

  2. Relevant malpractice claims or suits filed; and

  3. Relevant orders, settlements, or disciplinary documents, including the status of compliance with such documents.

History

  • #8710, eff 8-25-06; ss by #10544, eff 3-13-14; ss by #14086, eff 11-24-24

Part Fors 402 Disciplinary Matters

N.H. Code Admin. R. Ann. Fors 402.01 Initiation of Disciplinary Action {#sec-fors-402.01 omnilex-key=us-nh-regs-official--agency-fors--Fors 402.01}

The OPLC shall undertake misconduct investigations in response to any information, which reasonably suggests that a licensee has engaged in professional misconduct.

History

  • #5222, eff 9-11-91; EXPIRED 9-11-97
  • #6597, INTERIM, eff 10-8-97, EXPIRED: 2-5-98
  • #6876, eff 10-28-98; ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14; ss by #14086, eff 11-24-2414; ss by #14086, eff 11-24-24
N.H. Code Admin. R. Ann. Fors 402.02 Disciplinary Sanctions {#sec-fors-402.02 omnilex-key=us-nh-regs-official--agency-fors--Fors 402.02}

(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 OPLC 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, OPLC shall undertake misconduct investigations.

(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 the licensee’s wrongdoing;

(5) Willingness to cooperate with the board and the OPLC;

(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) Any continuances in a hearing conducted under Fors 402.02 shall be governed by Plc 206.16.

(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.

History

  • #5222, eff 9-11-91; EXPIRED 9-11-97
  • #6597, INTERIM, eff 10-8-97, EXPIRED: 2-5-98
  • #6876, eff 10-28-98; ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14; ss by #14086, eff 11-24-24
N.H. Code Admin. R. Ann. Fors 402.03 Administrative Fines {#sec-fors-402.03 omnilex-key=us-nh-regs-official--agency-fors--Fors 402.03}

(a) When persons subject to the board’s disciplinary authority are directed to pay fines in accordance with Fors 402.02(d), 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 OPLC; and

(2) The licensee’s ability to pay a fine assessed by the board.

(b) Administrative fines shall not exceed the following amounts:

(1) When no violation of the same type has occurred within the 5 years preceding the board’s and OPLC’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 and OPLC’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 and OPLC’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(b)(1), (2), and (3).

History

  • #5222, eff 9-11-91; EXPIRED 9-11-97
  • #6597, INTERIM, eff 10-8-97, EXPIRED: 2-5-98
  • #6876, eff 10-28-98; ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14; ss by #14086, eff 11-24-24
N.H. Code Admin. R. Ann. Fors 402.04 Procedures for Assessing and Collecting Fines {#sec-fors-402.04 omnilex-key=us-nh-regs-official--agency-fors--Fors 402.04}

(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 in compliance with Plc 311.12(c).

(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.

History

  • #5222, eff 9-11-91; EXPIRED 9-11-97
  • #6597, INTERIM, eff 10-8-97, EXPIRED: 2-5-98
  • #6876, eff 10-28-98; ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14; ss by #14086, eff 11-24-24

Part Fors 403 Continuing Education

N.H. Code Admin. R. Ann. Fors 403.01 Basic Requirement {#sec-fors-403.01 omnilex-key=us-nh-regs-official--agency-fors--Fors 403.01}

(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 they have completed the minimum required units of approved continuing education required by Fors 403.01 (a).

History

  • #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; ss by #14086, eff 11-24-24
N.H. Code Admin. R. Ann. Fors 403.02 Requirements for New Licensees {#sec-fors-403.02 omnilex-key=us-nh-regs-official--agency-fors--Fors 403.02}

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.

History

  • #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; ss by #14086, eff 11-24-24
N.H. Code Admin. R. Ann. Fors 403.03 Continuing Education Unit Requirements {#sec-fors-403.03 omnilex-key=us-nh-regs-official--agency-fors--Fors 403.03}

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 or program registration including information required for record keeping and reporting; and

(d) Self-directed learning activities shall include a written test or evidence of participation.

History

  • #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; ss by #14086, eff 11-24-24
N.H. Code Admin. R. Ann. Fors 403.04 Continuing Education Units {#sec-fors-403.04 omnilex-key=us-nh-regs-official--agency-fors--Fors 403.04}

Continuing education units shall be credited as follows:

(a) Two continuing education units shall apply to activity on a state or national board of licensure for each year completed with a maximum of 4 per biennium;

(b) Credit shall be awarded for one continuing education unit for each contact hour for a college level credit course for passing grades when grades are awarded;

(c) Credit shall be awarded for one continuing education unit for each contact hour of a tour or field session;

(d) Credit shall be awarded for one unit of continuing education in course work, seminars, or professional technical presentations at meetings, conventions, or conferences for each hour of attendance. Attendance at qualifying programs presented at professional or technical society meetings shall earn continuing education credit for the actual time of each program;

(e) Teaching or instructing qualifying courses or seminars or making presentations at technical meetings shall earn continuing education credit at twice that of participants. Teaching credit shall be valid for teaching a course or seminar for the first time only. Teaching credit shall not apply to full-time educators;

(f) Three hours of self-directed learning activity through the use of media shall equal one continuing education unit;

(g) Each core professional journal, article or published forestry textbook pursuant to Fors 302.02 (f)(1) shall equal 12 continuing education units;

(h) Active participation in professional or technical societies or state or municipal committees and boards, related to natural resources shall equal 2 continuing education units and shall require that a licensee serve as an officer or actively participate in a committee of the organization. Continuing education units shall not be earned until each year of service is completed and shall be limited to 4 continuing education units per biennium;

(i) Credit shall be awarded for one continuing education unit per year for volunteers in the New Hampshire Tree Farm Program for certification or inspections and shall be limited to 2 continuing units per biennium;

(j) Continuing education programs approved by the Society of American Foresters (SAF) shall earn continuing education units as assigned by the SAF; and

(k) Continuing education units shall not be recognized for any repeat program attended or completed within the renewal period.

History

  • #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
N.H. Code Admin. R. Ann. Fors 403.05 Record Keeping {#sec-fors-403.05 omnilex-key=us-nh-regs-official--agency-fors--Fors 403.05}

(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 or program provider;

(4) Continuing education verification from the Society for American Foresters (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 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, through the OPLC, for compliance with Fors 403.01.

History

  • #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; ss by #13733, eff 10-29-23; ss by #14086, eff 11-24-24
N.H. Code Admin. R. Ann. Fors 403.06 Exemption {#sec-fors-403.06 omnilex-key=us-nh-regs-official--agency-fors--Fors 403.06}

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.

History

  • #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; ss by #14086, eff 11-24-24
N.H. Code Admin. R. Ann. Fors 403.07 Waiver of Continuing Education Units Deadline {#sec-fors-403.07 omnilex-key=us-nh-regs-official--agency-fors--Fors 403.07}

(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 OPLC 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 licensee’s continuing education units deficiency.

History

  • #8710, eff 8-25-06; ss by #10087, eff 3-1-12; ss by #10544, eff 3-13-14; ss by #14086, eff 11-24-24
N.H. Code Admin. R. Ann. Fors 403.08 Noncompliance {#sec-fors-403.08 omnilex-key=us-nh-regs-official--agency-fors--Fors 403.08}

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.

History

  • #10087, eff 3-1-12 (from Fors 403.07); ss by #10544, eff 3-13-14; ss by #14086, eff 11-24-24

Chapter Fors 500 Ethical Standards, Professional Conduct, and License Surrender

Part Fors 501 Ethical Standards and Professional Conduct

N.H. Code Admin. R. Ann. Fors 501.01 Purpose and Scope {#sec-fors-501.01 omnilex-key=us-nh-regs-official--agency-fors--Fors 501.01}

(a) To establish and maintain a high standard of integrity, skills, and practice in the profession of forestry, the following ethical standards and professional conduct are adopted in accordance with RSA 310-A:102, and shall be binding upon every person holding a forester license issued by the OPLC.

History

  • #5222, eff 9-11-91; EXPIRED 9-11-97
  • #6597, INTERIM, eff 10-8-97, EXPIRED: 2-5-98
  • #6876, eff 10-28-98; ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14; ss by #14087, eff 11-24-24
N.H. Code Admin. R. Ann. Fors 501.02 Obligation To Obey {#sec-fors-501.02 omnilex-key=us-nh-regs-official--agency-fors--Fors 501.02}

(a) The ethical standards set forth in this part shall bind all forester licensees, and violation of any such standard shall result in disciplinary sanctions.

(b) All persons licensed under RSA 310-A:98-117 shall be considered to have knowledge of the existence of these ethical standards and rules of professional conduct and shall be deemed to be familiar with their provisions. The licensee shall be forthright and candid in the licensee's statements or written response to the board or OPLC on matters pertaining to professional conduct.

History

  • #5222, eff 9-11-91; EXPIRED 9-11-97
  • #6597, INTERIM, eff 10-8-97, EXPIRED: 2-5-98
  • #6876, eff 10-28-98; ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14; ss by #14087, eff 11-24-24
N.H. Code Admin. R. Ann. Fors 501.03 Standards of Conduct {#sec-fors-501.03 omnilex-key=us-nh-regs-official--agency-fors--Fors 501.03}

The licensee shall:

(a) Not attempt to practice in any professional field in which the licensee is not certified, registered, licensed, or competent;

(b) Undertake only work for which the licensee is qualified by education and experience;

(c) 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;

(d) Clearly identify themselves, their employer, and in whose interest they are working, to clients or prospective clients;

(e) 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 employer’s interest in the stumpage or timber to be harvested and the relationship to the services to be provided by the licensee;

(f) Conscientiously avoid conflicts of interest or even the appearance of such conflicts;

(g) If despite such precaution in (f) above, a conflict of interest is discovered, it shall be promptly and fully disclosed to the client or employer and the licensee shall be prepared to act immediately to resolve the conflict;

(h) Not knowingly issue a false statement or false information;

(i) Advertise only in a truthful manner, stating the services the licensee is qualified and prepared to perform;

(j) Not falsify or permit misrepresentation or exaggeration of the licensee's or the licensee's associates' academic or professional qualifications;

(k) Not misrepresent or exaggerate the licensee's degree of responsibility in or for the subject matter of prior assignments;

(l) 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;

(m) 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;

(n) Not attempt to injure by false statement or dishonest action either directly or indirectly, the professional reputation, prospects, or business of another;

(o) Be objective and truthful in all professional reports, statements, or testimony, and include only relevant and pertinent information in such reports, statements, or testimony;

(p) 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;

(q) 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;

(r) 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;

(s) Provide complete services requested by client or disclose clearly that such services cannot be provided;

(t) Not disclose information concerning the affairs of the forester's client without the client's express permission;

(u) Not accept compensation or expenses from more than one employer or client for the same service, unless the parties involved are informed and consent;

(v) 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;

(w) At all times in the performance of services, abide by applicable federal, state, and municipal laws and regulations;

(x) 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;

(y) 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;

(z) 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;

(aa) 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;

(ab) Not engage in or participate in professional or business practices of a fraudulent or dishonest nature;

(ac) Cooperate with investigations and requests for information from the board and the OPLC;

(ad) Present information to the board and the OPLC 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;

(ae) If they possess 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 OPLC;

(af) Submit only truthful and correct information in any application, other document filed, or statement made, to the board or the OPLC;

(ag) Inform the OPLC of a principal business or home address to which all official communications should be directed, and also of all addresses where they are practicing forestry;

(ah) Report to the OPLC any change of a business or home address within 30 days;

(ai) 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;

(aj) Not affix a signature or seal to any map or document dealing with subject matter in which the licensee lacks competence by virtue of education or experience;

(ak) Not affix the licensee’s signature or seal to any map or document not prepared by licensee or under the licensee's direct supervisory control; and

(al) Affix seal to all plans, maps, reports prepared by the licensee, and to all contracts related to the practice of forestry.

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 201.01

RSA 310:6, II

Fors 201.02

RSA 541-A:16, I(b)

Fors 301.01

RSA 310-A:102, VII

Fors 301.02

RSA 310-A:102, II; RSA 310-A:104, I-V

Fors 301.03

RSA 310-A:102, VIII

Fors 301.04

RSA 310-A:102, VII

Fors 301.04 (e)

RSA 310-A:102, V; RSA 310-A:116

Fors 302.01 – Fors 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 305.01

RSA 310-A:107

Fors 305.03

RSA 310-A:107

Fors 400

RSA 310-A:102, IV; RSA 310-A:108; RSA 310-A:109;

RSA 310-A:110

Fors 401.01 – Fors 401.05

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

RSA 310-A:114; RSA 310:12, I(e)

Fors 403.01 – Fors 403.03

RSA 310-A:102, VI; RSA 310-A:109; RSA 310-A:110

Fors 403.05 – Fors 403.08

RSA 310-A:102, IV and VII

Fors 501

RSA 310-A:102, VI; RSA 310-A:103

History

  • #5222, eff 9-11-91; EXPIRED 9-11-97
  • #6597, INTERIM, eff 10-8-97, EXPIRED: 2-5-98
  • #6876, eff 10-28-98; ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14; ss by #14087, eff 11-24-24

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