"Foresters"

" § 89B-1. General provisions.

(a) No person shall use the designation ‘forester’, ‘registered forester’, or any other descriptive terms that include the words ‘forester’ or ‘registered forester’ and that directly convey that the person is a forester without first having been registered under this Chapter.

(b) This Chapter benefits and protects the public by improving the standards for the practice of professional forestry in North Carolina.

" § 89B-2. Definitions.

As used in this Chapter:

1. ‘Board’ means the State Board of Registration for Foresters, provided for by this Chapter.
2. ‘Forester’ means a person who by reason of special knowledge and training in natural sciences, mathematics, silviculture, forest protection, forest mensuration, forest management, forest economics, and forest utilization is qualified to engage in the practice of forestry.
   (2a) ‘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.
3. Practice of forestry’ means rendering professional forestry services, including but not limited to, consultation, investigation, evaluation, planning, or other forestry activities requiring knowledge, training, and experience in forestry principles and techniques.
4. ‘Registered forester’ means a person who has been registered pursuant to this Chapter.
5. ‘Consulting forester’ means a registered forester who:

1. Is competent to practice forest management, appraisal, development, marketing, protection, and utilization for the benefit of the general public on a fee, contractual, or contingency basis;
2. Has not engaged in any practice that constitutes a conflict of interest or in any way diminishes his ability to represent the best interests of his clients; and
3. Has filed annually an affidavit with the Board in accordance with G.S. 89B-14(b).

6. ‘Urban forester’ means a person who engages in the practice of forestry in an urban setting that involves municipal ownership, homesteads, parks and wood lots, and similar urban properties.

" § 89B-3. State Board of Registration for Foresters; appointment of members; terms.

1. A State Board of Registration for Foresters is created to administer the provisions of this Chapter. The Board shall have five members as follows:

1. Four duly practicing registered foresters, at least three of whom hold a bachelors or higher degree from an accredited forestry school, and
2. One public member.

Each member shall be appointed by the Governor for a three-year term. No member may serve more than two complete consecutive terms.

2. Each member of the Board shall be a citizen of the United States and a resident of North Carolina.
3. Vacancies in the membership of the Board shall be filled by appointment by the Governor for the unexpired term.
4. The Board shall elect annually the following officers: a chairman, and a vice-chairman, who shall be members of the Board, and a secretary who may be a member of the Board. A quorum of the Board shall consist of not less than three voting members of the Board.

" § 89B-4. Compensation and expenses of Board members.

Each member of the Board shall receive per diem and allowances as provided by G.S. 93-B-5.

" § 89B-5. Organization and meetings of the Board.

The Board shall meet at least twice each year. In addition, special meetings may be held in accordance with the rules of the Board.

" § 89B-6. Powers of the Board.

The Board may adopt rules in accordance with Chapter 150B of the General Statutes for the proper performance of its duties and the regulation of the proceedings before it. The Board shall adopt an official seal. Any member of the Board may administer oaths or affirmations to witnesses appearing before the Board.

The Board may establish fees, subject to the maximum amounts prescribed by this Chapter.

" § 89B-7. Receipts and disbursements.

The secretary of the Board shall receive and account for all moneys derived under this Chapter, and shall keep these moneys in a separate fund known as the ‘Registered Foresters’ Fund.’ Moneys in the Fund shall be expended to carry out the purposes of the Board. The secretary of the Board shall give surety bond to the Board in an amount determined by the Board. The premium for the surety bond is a proper expense of the Board and shall be paid from the Registered Foresters' Fund.

The Board may employ and fix the compensation of necessary clerical and other assistants. The compensation of these assistants shall be paid out of the Registered Forester’s Fund.

"§ 89B-8. Records and reports.

The Board shall keep a record of its proceedings and a register of all applications for registration. The register shall show the name, age and residence of each applicant; the date of the application; the applicant’s place of business; the applicant’s educational and other qualifications; whether or not examination was required; whether the application was rejected or registration was granted; the date of action by the Board; and other information deemed necessary by the Board. Each July 1 the Board shall submit to the Governor a report of its transactions of the preceeding year.

"§ 89B-9. General requirements for registration.

1. An application for registration shall be registered upon satisfactory proof to the Board that the applicant is of good moral character and meets one of the following requirements:

1. Graduation with a bachelors or higher degree in a forestry curriculum from a school or college of forestry approved by the Board, passage of a comprehensive written examination, and the completion of two or more years’ experience in forestry.
2. Passage of a comprehensive written examination designed to show knowledge approximating that obtained through graduation from a four-year curriculum in forestry in a university or college approved by the Board and the completion of six or more years of active practice in forestry work immediately prior to the application. The work must be of a character acceptable to the Board. Graduation with an Associate Applied Science Degree in a forestry curriculum in a school or college approved by the Board is the equivalent of one year of experience. The completion of the junior year of a curriculum in forestry in a college or school approved by the Board is the equivalent of two years of experience. The completion of the senior year of a curriculum in forestry in a school or college approved by the Board is equivalent to three years of experience.
3. Registration in good standing as a registered forester with the Board as of January 1, 1999.
4. Practice of urban forestry for six years immediately prior to January 1, 1999, if the applicant meets all of the following conditions:

1. The applicant is a North Carolina resident at the time of filing the application.
2. The applicant practiced under the title ‘urban forester’ during the six-year period.
3. The applicant, prior to June 30, 1999, applies to the Board for registration and submits an affidavit under oath to the Board showing experience and education equivalent to that of a forester, as determined by the Board.

2. Registration shall be determined upon the basis of individual personal qualification. No firm, company, partnership, corporation or public agency shall be registered as a registered forester.
   (b1) The Board may issue a forester-in-training certificate to an applicant who has completed the educational requirements under subdivision (a)(1) of this section.
3. A nonresident of North Carolina may become a registered forester under this Chapter by complying with its terms, and by filing a consent as to service of process and pleadings upon the Board secretary. In connection with the practice of forestry by such nonresident in North Carolina, the consent as to service of process and pleadings shall be held binding and valid in all courts, as if due service had been made personally upon said nonresident by the Board, when such process has been served upon the Board secretary.
4. A nonresident or person who has moved to North Carolina recently and who is registered as a registered forester in another jurisdiction may be registered under this Chapter, by written application to the Board, if that jurisdiction provides for the same or substantially the same registration for North Carolina foresters who are registered under this Chapter.
5. A nonresident of North Carolina may use the term ‘registered forester’ or other titles otherwise prohibited by this Chapter in North Carolina without becoming registered under this Chapter if registered in another state which will reciprocate with the provision of this Chapter.

" § 89B-10. Application and registration fees.

1. Applications for registration shall be made on forms prescribed and furnished by the Board. The application fee for a certificate of registration as a registered forester shall be in the amount determined by the Board, not to exceed fifty dollars ($50.00), which shall accompany the application. An additional fee, not to exceed forty dollars ($40.00), shall be paid upon issuance of the certificate of registration. An applicant that does not remit the certificate fee within 30 days after being notified of qualification forfeits the right to have the certificate issued, and the applicant may be required again to submit an original application fee. If the Board denies a certificate of registration to any applicant, the initial application fee deposited by the applicant shall be retained by the Board.
2. It is unlawful for any person to provide false or forged information to the Board or a member of the Board in obtaining a certificate of registration.

" § 89B-11. Expiration and renewals; continuing education.

1. Registrations shall expire on the last day of June following issuance or renewal and shall become invalid after that date unless renewed. The secretary of the Board, shall notify every person registered under this Chapter, at the person’s last registered address, of the date of the expiration of registration and the amount of fee required for its renewal for one year. The notices shall be mailed at least 30 days prior to the expiration date of the registrations. The annual renewal fee for certificates shall be in an amount established by the Board, not to exceed fifty dollars $50.00. The fee for issuance of replacement certificates of registration shall be five dollars ($5.00).
   
   Any registration which has expired may be renewed by paying the registration fee plus one-twelfth of the annual renewal fee per calendar month from the date of expiration. Charges above the renewal fee shall not exceed an amount equal to the renewal fee.
2. The Board shall require registered foresters to attend continuing education courses approved by the Board, not to exceed 12 hours per year, as a condition of renewal.

"§ 89B-12. Examinations.

When written examinations are required, they shall be held at the time and places in the State of North Carolina as the Board shall determine. The methods of procedure will be described by the Board. A candidate failing an examination may apply for reexamination after six months and will be reexamined with payment of an additional fee established by the Board, not to exceed fifty dollars ($50.00). Subsequent examinations will be granted upon payment of this fee for each examination. The Board may limit an applicant to three examinations.

"§ 89B-13. Revocations and reissuance of registration.

The Board may revoke or suspend the certificate of registration of any registrant who it finds has committed gross negligence, fraud, deceit or flagrant misconduct in the practice of forestry or has demonstrated incompetence as a practicing forester. The Board may designate a person or persons to investigate and report to it upon any charges of fraud, deceit, gross negligence, incompetency or other misconduct by a registrant in the practice of forestry.

Any person may prefer charges against a registrant. The charges shall be in writing sworn by the person making them, and filed with the secretary of the Board. The time and place for a hearing before the Board shall be fixed by the Board. At any hearing the accused may appear in person or by counsel. The Board may reissue a certificate of registration to any person whose certificate of registration has been revoked or suspended.

"§ 89B-14. Roster of registered foresters; consulting forester affidavit.

1. A roster showing the names, registration numbers, and places of business residence of all registrants under this Chapter shall be prepared annually by the secretary of the Board. Copies of this roster shall be placed on file with the Secretary of State of North Carolina and each clerk of superior court in North Carolina. A copy shall be sent to each registrant, and copies may be furnished to the public upon request and upon payment of a fee set by the Board.
2. Each consulting forester shall annually file with the Board an affidavit of its compliance with this Chapter.

"§ 89B-15. Violation.

A violation of this Chapter is a Class 3 misdemeanor."

RULES CHAPTER 20 - BOARD OF REGISTRATION FOR FORESTERS

.0101 PURPOSE OF PROGRAM

The rules in this Chapter shall govern the registration program for foresters.

.0102 CONTACTING THE BOARD

All communications with the Board shall be through the secretary of the Board at the following address:

Secretary of the State Board of Registration for Foresters
PO Box 27393
Raleigh, North Carolina 27611.

.0103 QUALIFICATIONS FOR REGISTRATION

(a) An application may be obtained from the Secretary of the Board.

(b) An applicant shall submit an application to the Secretary which shall include:

1. Legible official college transcripts, if applicable.
2. Five references as required in Rule .0105 of this Section.
3. Proof of professional work experience.
4. Payment of application fee as set out in Rule .0107 of this Section.

(c) A school of Forestry accredited by the Society of American Foresters is an approved school or college for purposes of G.S. 89B-9. An applicant who holds a forestry degree from a university outside of the United States may qualify for registration if he/she provides verification to the Board which demonstrates that the degree is equivalent to SAF accreditation standards.

(d) For purposes of G.S. 89B a forestry curriculum means a major in forestry.

(e) The Board may issue a forester-in-training certificate to an applicant who has completed the education requirement in G.S. 89B-9(a)(1). The certificate will be valid for up to 4 years. The time period may be extended by the Board in case of hardship beyond the control of the applicant.

.0104 EXAMINATIONS

(a) Examinations will be offered twice annually. An applicant may attempt the examination no more than three times within any six year period.

(b) Applicants shall be notified by certified mail, return receipt requested, not less than 30 days before the examination, as to the time and place of the examination. If the applicant fails to respond at least ten days prior to the date of the exam, it shall be assumed that the applicant does not plan to take the examination. The applicant's file shall then be considered inactive and no further action shall be initiated by the Board. The application fee shall be forfeited.

(c) The passing grade for registration shall be 70 percent on any exam. The determination by the Board as to the score on each exam shall be final.

(d) Re-examination fees shall be forty dollars ($40.00) per examination.

.0105 REFERENCES

(a) Five references are required to satisfy the Board of an applicant's professional experience and moral character. Three or more shall be practicing foresters in North Carolina. No more than one of the practicing forester references shall be an employee of the same firm or agency as the applicant. No member of the Board shall act as a reference for any applicant for registration.

(b) If a majority of the references do not recommend approval, the Board shall reject the applicant.

(c) If two of the references do not recommend approval, the Board shall request more detailed input from all references to use in evaluating the applicant.

.0106 REGISTRATION FEES

Fees sent to the Board for any segment of the registration process may be in the form of money orders, bank drafts, or checks payable to the Secretary, Board of Registration for Foresters. The fee for registration is fifty dollars ($50.00) which shall be submitted by the applicant at the time of application. An approved applicant shall submit an additional fee of forty dollars ($ 40.00) to receive a certificate of registration. Annual renewal fee is thirty dollars ($40.00).

.0107 INCOMPLETE APPLICATIONS

Any application for registration which is not complete within 12 months of the date of application shall be declared null and void and the application fee retained.

.0108 DELINQUENT FEES

The Board shall notify by mail all foresters registered by the Board for the previous year when they become 30 days in arrears in payment of renewal fees for the ensuring year. The notifications will remind the delinquents of the required penalty fees.

.0109 REGISTRATION CARD

In addition to the certificate prescribed by G.S.89B-10, each registered forester shall be furnished annually, upon the Board receipt of required fees, with a card impressed with the seal of the Board indicating that the individual is a registered forester for the period indicated.

.0110 REGISTRATION SEAL

Upon issuance of a certificate to an applicant as a registered forester, the applicant becomes eligible to purchase an impression type seal or rubber stamp of a design approved by the Board. This seal will bear the registrant's name and number as shown on the registration certificate. This seal can be affixed on all plans, maps, and reports prepared by the registrant. Where a registrant is required to reproduce original plans, maps, or reports in multiple copies, a suitable replica or rubber stamp may be employed to facilitate reproduction. The Board considers it flagrant misconduct for a registered forester to use a seal to stamp work done by another individual unless it is the work of an employee or agent working under the supervision of the registrant. The outside diameter of the seal shall be 1-9/16 inches. In ordering a seal, the registrant must provide the supplier with the proper registration number.

.0111 REGISTRATION CERTIFICATE

(a) Registration issued to successful applications will be given consecutive individual numbers. Once issued to a registrant, a number will not be assigned again.

(b) A revoked, expired or invalid registration shall not be displayed in any public office or place of business by any registrant in connection with the practice of forestry.

(c) Any violation of this rule may be cause for the Board to require the custodian of said registration to surrender it to the Board.

.0112 REGISTRATION REPLACEMENTS

The Board shall issue a new registration certificate identified by the same number as that of the original to replace any registration lost, destroyed, or mutilated upon receipt by the Board of a written request and a fee of five dollars ($5.00) from the registrant provided the Board's records show the original registration certificate is valid. This new registration shall bear the signatures of current officers, the date of reissue and below the registration number the following: "original registration approved _____(date)____."

.0113 REJECTIONS

A person whose application for registration has been rejected shall be notified of the fact and of the basis for rejection. The applicant will be provided every opportunity to submit additional evidence and references for further consideration by the Board. Requests for reconsideration of the Board's action shall be made in writing to the Board. Failure to comply with a written request of the Board to appear for an interview or to appear for examination shall be considered as proper grounds for rejection of registration.

.0114 RE-REGISTRATION

Re-registration and renewals, including late renewals, shall be handled by the Board in accordance with G.S. 89B-11.

.0115 CODE OF ETHICS

The Board hereby incorporates by reference the code of ethics adopted by the Society of American Foresters on June 23, 1976 and amended November 2, 1992 as the professional code to be followed by registered foresters in their forestry practice and their conduct with clients and professional colleagues. This incorporation does not include subsequent amendments and editions. Copies may be obtained from the Board of Registration at no charge. In each individual canon the title Registered Forester (RF) shall be substituted for the word "member". The canons in the code of ethics are part of the registration application, and all applicants shall indicate their agreement to conform with them in their signed affidavits. They shall be used by the Board to help govern its decisions in adjudicating flagrant misconduct in the practice of forestry under G.S. 89B-13.

History Note: Authority G.S. 89B?6; 89B-9; 89B-13 Eff. February 1, 1976; Amended Eff. May 1, 1989; February 1, 1985.
Temporary Amendment Eff. June 1, 2001.

.0116 REVOCATION

(a) The registration of any registered forester may be revoked or suspended by the Board for conduct found to violate the code of ethics adopted under Rule .0015 of this Chapter or G.S. 89B-13.

(b) Before any such Board action, the registrant shall have an opportunity for a full hearing in front of the Board. The hearing shall be held in accordance with procedures found in Article 3A of G.S. 150B.

.0117 RECIPROCITY

(a) Non-residents and individuals who have moved to North Carolina who are legally registered or licensed as in another state, shall submit evidence of such registration of licensing to the Board. A statement from the Board of registration or licensing in the state in which they are legally registered or licensed attesting that they are legally registered or licensed to practice forestry in that state, and indicating the final date on which their registration or license remains valid, shall be accepted by the Board as adequate evidence. This provision shall not apply unless the state in which the applicant is registered or licensed observes similar rules of reciprocity in regard to persons registered under the provisions of G.S. 89B.

(b) If the Board determines that the reciprocity applicant is qualified to practice as a registered forester in North Carolina, the Board shall issue a letter conveying this approval.

(c) The fee for obtaining such reciprocity shall be the same as is charged a North Carolina resident seeking to obtain registration in the state of North Carolina. (See Rule .0106 of this Section).

.0118 REGISERED FORESTERS

(a) Persons registered as foresters under G.S.89B are encouraged to insert the abbreviation R.F.(meaning registered forester) after their signatures.
The authorized forms are:

(1) for signature only:

Name) R.F.
official title

(2) for certifications only

Name) R.F.
title or designation
NC Registration No.

.0019 AMENDMENTS - Repealed

.0120 CERTIFICATION OF CONSULTING FORESTERS

Each registered forester who practices as a consulting forester shall file an affidavit with the Board each year by June 30, utilizing the proper form supplied by the Board.

History Note: Authority G.S. 89B-2; 89B-6; Eff. February 1, 1993; Temporary Amendment Eff. March 1, 1999;
Amendment Eff. August 1, 2000.

.0121 REJECTION OF CONSULTANT AFFADAVIT

Any applicant whose application to be certified as a consulting forester is rejected by the Board shall be notified of the rejection and the basis for it. The applicant may request reconsideration by the Board and submit additional information. Requests for reconsideration of the Board's decision must be made in writing to the Board. The reconsidered decision shall be the Board's final agency decision.

.0122 HANDLING OF COMPLAINTS

(a) The Board, upon receipt of a notarized letter identifying specific complaints of gross negligence, fraud, deceit or flagrant misconduct in the practice of forestry or incompetence by a registered forester, shall follow-up by written correspondence Notarized letters received by the Board identifying specific complaints of gross negligence, fraud, deceit or flagrant misconduct in the practice of forestry or incompetence by a registered forester will be followed up by written correspondence to the accused requesting a response to the accusation The Board may request the complainant, the accused registrant, or both to personally appear before the Board.

(b) Following a review of the facts and verification of the violation, the Board may choose appropriate action, which may include:

1. revocation or suspension of the individual as a registered forester as outlined in Rule.0106 of this Section.
2. warning to the registrant outlining the violation and directing that it be stopped.

History Note: Authority G.S. 89B-2; 89B-6; 89B-13; 89B-15; 150B-3; 150B-38;
Eff. November 1, 1993;
Temporary Amendment Eff. March 1, 1999;
Amendment Eff. August 1, 2000.

.0123 CONTINUING EDUCATION

(a) All registered foresters shall attend continuing education courses annually to maintain their registration. Ten CFE (Continuing Forester Education) credits approved by the Society of American Foresters' CFE Coordinator shall be required each year, beginning with the fiscal year July 1, 1999 through June 30, 2000, except as outlined in paragraph (c). CFE's must be SAF category 1, 2, 3 or 4, with at least six being from category 1.

(b) Registered foresters shall verify CFE compliance to the Board with each annual renewal.

(c) Those registered foresters who provide information to the Board which verifies that they are fully retired from a career in forestry may qualify to continue their registration by earning a minimum of three category 1, 2, 3, or 4 CFE's annually.

History Note: Authority G.S. 89B-6; 89B-11; Temporary Admendment Eff. March 1, 1999.
Eff. August 1, 2000.

Code of Ethics

All Registered Foresters agree to abide by this Code as a condition of registration. This code will be used by the State Board of Registration for Foresters to help govern its decisions in adjudicating flagrant misconduct in the practice of forestry under G.S. 89B-13.

CANONS

1. A Registered Forester will advocate and practice land management consistent with ecologically sound principles.
2. A Registered Forester's knowledge and skills will be utilized for the benefit of society. A Registered Forester will strive for accurate, current, and increasing knowledge of forestry, will communicate such knowledge when not confidential, and will challenge and correct untrue statements about forestry.
3. A Registered Forester will advertise only in a dignified and truthful manner, stating the services the Registered Forester is qualified and prepared to perform. Such advertisements may include references to fees charged.
4. A Registered Forester will base public comment on forestry matters on accurate knowledge and will not distort or withhold pertinent information to substantiate a point of view. Prior to making public statements on forest policies and practices, a Registered Forester will indicate on whose behalf the statements are made.
5. A Registered Forester will perform services consistent with the highest standards of quality and with loyalty to the employer.
6. A Registered Forester will perform only those services for which the Registered Forester is qualified by education or experience.
7. A Registered Forester who is asked to participate in forestry operations which deviate from accepted professional standards must advise the employer in advance of the consequences of such deviation.
8. A Registered Forester will not voluntarily disclose information concerning the affairs of the Registered Forester's employer without the employer's express permission.
9. A Registered Forester must avoid conflicts of interest or even the appearance of such conflicts. If, despite such precaution, a conflict of interest is discovered, it must be promptly and fully disclosed to the Registered Forester's employer and the Registered Forester must be prepared to act immediately to resolve the conflict.
10. A Registered Forester will not accept compensation or expenses from more than one employer for the same service, unless the parties involved are informed and consent.
11. A Registered Forester will engage, or advise the Registered Forester's employer to engage, other experts and specialists in forestry or related fields whenever the employer's interest would be best served by such action, and a Registered Forester will work cooperatively with other professionals.
12. A Registered Forester will not by false statement or dishonest action injure the reputation or professional associations of another Registered Forester.
13. A Registered Forester will give credit for the methods, ideas, or assistance obtained from others.
14. A Registered Forester in competition for supplying forestry services will encourage the prospective employer to base selection on comparison of qualifications and negotiation of fee or salary.
15. Information submitted by a Registered Forester about a candidate for a prospective position, award, or elected office will be accurate, factual, and objective.
16. A Registered Forester having evidence of violation of these canons by another Registered Forester will present the information and charges to the State Board of Registration for Foresters.