(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.
Each member shall be appointed by the Governor
for a three-year term. No member may serve more than two complete
consecutive terms.
Each member of the Board shall receive per diem
and allowances as provided by G.S. 93-B-5.
The Board shall meet at least twice each year.
In addition, special meetings may be held in accordance with the
rules 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.
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 Foresters
Fund.
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 applicants place of business; the
applicants 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.
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.
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.
CHAPTER 20 – BOARD OF REGISTRATION FOR FORESTERS
SECTION .0100 - PURPOSE
21 NCAC 20 .0101 PURPOSE OF PROGRAM
The rules in this Chapter shall govern the registration
program for foresters.
History Note: Authority G.S. 89B-6;
Eff. February 1, 1976;
Temporary Amendment Eff. March 1, 1999;
Amended Eff. August 1, 2000.
21 NCAC 20 .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
P. O. Box 27393
Raleigh, North Carolina 27611.
History Note: Authority G.S. 89B‑6;
Eff. February 1, 1976;
Amended Eff. February 1, 1985.
21 NCAC 20 .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 in
forestry; and
(4) Payment of application fee as set out in
Rule .0107 of this Section.
(c) For purposes of G.S. 89B-9(a)(1) a forestry curriculum
is a curriculum that satisfies the Education Requirements used by the Society
of American Foresters (SAF) to become a Certified Forester.
(d) 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.
(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 is valid for 4 years. The time period shall be
extended by the Board in case of hardship beyond the control of the applicant.
History Note: Authority G.S. 89B-6; 89B-9;
Eff. February 1, 1976;
Amended Eff. May 1, 1989; February 1, 1985;
Temporary Amendment Eff. March 1, 1999;
Amended Eff. August 1, 2010; August 1, 2000.
21 NCAC 20 .0104 EXAMINATIONS
(a) The comprehensive written exam required by G.S.
89B-9(a)(1), called a Level 2 examination, focuses on the practice of forestry
in North Carolina and shall be offered twice annually. There is no limit to
the number of times that an applicant may attempt the examination.
(b) For applicants not meeting the education requirements
in G.S. 89B-9(a)(1), a comprehensive written exam, called the Level 1
examination is required. The exam tests the applicants' knowledge of forestry
approximating that obtained through graduation from a four-year curriculum in
forestry and focuses on the practice of forestry in North Carolina. The exam
shall be offered twice annually. There is no limit to the number of times that
an applicant may attempt the examination.
(c) The Board shall notify applicants 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 is 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.
(d) The passing grade for registration is 70 percent on any
exam. The determination by the Board as to the score on each exam shall be
final.
(e) Re-examination fees are forty dollars ($40.00) per
examination.
History Note: Authority G.S. 89B-6; 89B-9; 89B-12;
Eff. February 1, 1976;
Amended Eff. May 1, 1989; February 1, 1985;
Temporary Amendment Eff. March 1, 1999;
Amended Eff. August 1, 2010; August 1, 2000.
21 NCAC 20 .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, registered 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.
History Note: Authority G.S. 89B-6; 89B-9;
Eff. February 1, 1976;
Amended Eff. May 1, 1989; February 1, 1985;
Temporary Amendment Eff. March 1, 1999;
Amended Eff. August 1, 2000.
21 NCAC 20 .0106 REGISTRATION FEES
Fees sent to the Board for any segment of the registration
process shall be payable to the Secretary, Board of Registration for
Foresters. The application 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 forty dollars
($40.00). The Board shall waive renewal fees for Registered Foresters for
hardship circumstances, such as military deployment, extended illness, or other
similar circumstances, upon written petition by the Registered Forester or
Registered Forester's agent for this exemption.
History Note: Authority G.S. 89B-6; 89B-10; 89B-11;
93B-15(b);
Eff. February 1, 1976;
Amended Eff. February 1, 1990; May 1, 1985;
Temporary Amendment Eff. March 1, 1999;
Amended Eff. August 1, 2010; January 1, 2005; August 1,
2000.
21 NCAC 20 .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.
History Note: Authority G.S. 89B‑6;
Eff. February 1, 1976;
Amended Eff. May 1, 1989.
21 NCAC 20 .0108 DELINQUENT FEES
The Board shall notify by mail or email all foresters
registered by the Board for the previous year when they become 30 days in
arrears in payment of renewal fees for the ensuing year. The notifications shall
remind the delinquents of the required penalty fees.
History Note: Authority G.S. 89B-6;
Eff. February 1, 1976;
Amended Eff. August 1, 2010.
21 NCAC 20 .0109 REGISTRATION CARD
21 NCAC 20 .0110 REGISTRATION SEAL
History Note: Authority G.S. 89B‑6;
Eff. February 1, 1976;
Amended Eff. August 1, 2010; May 1, 1989; February 1, 1985;
Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.
21 NCAC 20 .0111 REGISTRATION CERTIFICATE
(a) Registrations issued to successful applicants 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.
History Note: Authority G.S. 89B‑6; 89B‑13;
Eff. February 1, 1976;
Amended Eff. February 1, 1985.
21 NCAC 20 .0112 REGISTRATION REPLACEMENTS
History Note: Authority G.S. 89B‑6; 89B‑11;
Eff. February 1, 1976;
Pursuant to G.S. 150B-21.3A, rule Expired January 1, 2015.
21 NCAC 20 .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.
History Note: Authority G.S. 89B‑6; 89B‑9;
Eff. February 1, 1976;
Amended Eff. May 1, 1989.
21 NCAC 20 .0114 RE‑REGISTRATION
Re-registration and renewals, including late renewals, shall
be handled by the Board in accordance with G.S. 89B-11.
History Note: Authority G.S. 89B‑6; 89B‑10;
89B-11;
Eff. February 1, 1976;
Amended Eff. November 1, 1993; February 1, 1990; May 1,
1989; February 1, 1985.
21 NCAC 20 .0115 CODE OF ETHICS
In their signed affidavits, all applicants shall indicate
their agreement to adhere to the following Code of Ethics. The code 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.
Code of Ethics
(1) A Registered Forester shall practice forestry
consistent with ecologically sound principles and all applicable laws.
(2) A Registered Forester shall not engage in unlawful
acts or business practices.
(3) A Registered Forester shall present truthful,
accurate, and complete information while practicing forestry.
(4) A Registered Forester shall practice forest
management in accordance with landowner objectives and Forestry Best Management
Practices as described in the "North Carolina Forestry Best Management
Practices Manual to Protect Water Quality" published by the Department of
Environment and Natural Resources, or will advise landowners of the
consequences of deviating from Forestry Best Management Practices.
(5) A Registered Forester shall advertise and perform
only those services for which the Registered Forester is qualified.
(6) A Registered Forester shall indicate on whose
behalf any public statements are made, and keep proprietary information
confidential unless the appropriate person authorizes its disclosure.
(7) 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 disclosed to the
Registered Forester's employer or client, and the Registered Forester must
attempt to resolve the conflict.
(8) A Registered Forester shall: act in a civil and
professional manner; respect the needs, contributions, and viewpoints of
others, and; give credit to others for their methods, ideas, or assistance.
(9) A Registered Forester shall not accept compensation
or expenses from more than one employer for the same service, unless the
parties involved are informed and consent.
(10) A Registered Forester having evidence of violation
of this code by another Registered Forester shall present the information and
charges to the State Board of Registration for Foresters.
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;
Amended Eff. September 1, 2010; August 1, 2002.
21 NCAC 20 .0116 REVOCATION OR SUSPENSION
(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 .0115 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.
History Note: Authority G.S. 89B‑6; 89B‑13;
150B‑3; 150B‑38;
Eff. February 1, 1976;
Amended Eff. May 1, 1989; February 1, 1985.
21 NCAC 20 .0117 RECIPROCITY
(a) For residents of North Carolina, within one year of
establishing residency for voting purposes in North Carolina, individuals who
are legally registered or licensed as foresters in another state, shall submit
evidence of such registration or 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 does 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 is 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.)
History Note: Authority G.S. 89B-6; 89B-9;
Eff. February 1, 1976;
Amended Eff. May 1, 1989; February 1, 1985;
Temporary Amendment Eff. March 1, 1999;
Amended Eff. August 1, 2010; August 1, 2000.
21 NCAC 20 .0118 REGISTERED FORESTERS
(a) Persons registered as foresters under G.S. 89B are
encouraged to insert the abbreviation R.F. (meaning registered forester) after
their signatures.
(b) The authorized forms are:
(1) for signatures only:
(Name) R.F.
official title
(2) for certifications only:
(Name) R.F.
title or designation
N. C. Registration No.
History Note: Authority G.S. 89B‑6;
Eff. February 1, 1976;
Amended Eff. May 1, 1989; February 1, 1985.
21 NCAC 20 .0119 AMENDMENTS
History Note: Authority G.S. 89B‑6; 150A‑5;
Eff. February 1, 1976;
Amended Eff. February 1, 1985;
Repealed Eff. May 1, 1989.
21 NCAC 20 .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. November 1, 1993;
Temporary Amendment Eff. March 1, 1999;
Amended Eff. August 1, 2000.
21 NCAC 20 .0121 REJECTION OF CONSULTANT AFFIDAVIT
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.
History Note: Authority G.S. 89B-2; 89B-6;
Eff. November 1, 1993.
21 NCAC 20 .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 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
revocation or suspension of the registered forester status of the individual as
outlined in Rule .0106 of this Section.
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;
Amended Eff. August 1, 2010; August 1, 2000.
21 NCAC 20 .0123 CONTINUING EDUCATION
(a) All registered foresters shall attend continuing
education courses annually to maintain their registration. Ten CFE (Continuing
Forestry Education) credits approved by the Society of American Foresters are
required each year, except as outlined in this Rule. CFE's must be SAF
category 1, 2, or 3, 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 that verifies that they are retired from a career in forestry may
qualify to continue their registration by earning a minimum of three category
1, 2, or 3 CFE's annually.
(d) The Board shall approve hardship cases, such as
military deployment, extended illness or other circumstances that prevent the
Registered Forester from obtaining the required CFE's upon request.
History Note: Authority G.S. 89B-6; 89B-11;
Temporary Adoption Eff. March 1, 1999;
Eff. August 1, 2000;
Amended Eff. August 1, 2010.
21 NCAC 20 .0124 COMPLIANCE WITH ANNUAL REPORTS
REQUIRMENTS
In the event the board's authority to expend funds is
suspended pursuant to G.S. 93B-2, the board shall continue to issue and re-new
licenses and all fees tendered shall be placed in the escrow account maintained
by the board for this purpose.
History Note: Authority G.S. 93B-2;
Eff. August 1, 2010.
21 NCAC 20 .0125 PETITION FOR RULE-MAKING
(a) Any person may petition the State Board of Registration
for Foresters (NCBRF) to adopt a new rule, or amend or repeal an existing rule
by submitting a rule-making petition to NCBRF. The petition must be titled "Petition
for Rulemaking" and must include the following information:
(1) the name and address of the person
submitting the petition;
(2) a citation to any rule for which an
amendment or repeal is requested;
(3) a draft of any proposed rule or amended
rule;
(4) an explanation of why the new rule or
amendment or repeal of an existing rule is requested and the effect of the new
rule, amendment, or repeal on the procedures of NCBRF; and
(5) any other information the person submitting
the petition considers relevant.
(b) In making the decision to grant or deny the petition, the
Board shall consider the information submitted with the petition and any other
relevant information.
History Note: Authority G.S. 150B-20;
Eff. September 1, 2010.
21 NCAC 20 .0126 DECLARATORY RULINGS: AVAILABILITY
Declaratory rulings pursuant to G.S. 150B-4 shall be issued
by the State Board of Registration for Foresters (NCBRF) upon request only on
the validity of a rule of the State NCBRF or on the applicability of a rule or
order of the NCBRF to stipulated facts. A declaratory ruling will not be
issued on a matter requiring an evidentiary proceeding.
History Note: Authority G.S. 150B-4;
Eff. August 1, 2010.