ALABAMA
BOARD OF REGISTRATION
FOR
FORESTERS
ADMINISTRATIVE CODE
TABLE OF
CONTENTS
CHAPTER 380‑X‑1
ORGANIZATION, REQUEST FOR
INFORMATION
380‑X‑1‑.01
Description Of Board's Operations
380‑X‑1‑.02
Request For Information
380‑X‑1‑.03
Release Of Board Information
380‑X‑1‑.04
Applicants' Files ‑ Confidentiality
380‑X‑1‑.05
Audience With Board By Written
Request
380‑X‑1‑.06
Reports Agenda For Board Meetings
380‑X‑1‑.07
Petition
For Adoption Of Rules
380‑X‑1‑.08
Declaratory Rulings
380‑X‑1‑.09
Fees
CHAPTER 380‑X‑2
CONDUCT OF BOARD MEMBERS
380‑X‑2‑.01
Board Business Not To Be Discussed
With Non-Members
390‑X‑2‑.02
Prepublication Board Approval Of
Articles, Manuscripts Or Materials
Concerning Board Policy
CHAPTER 380‑X‑3
LICENSING PROCEDURES
380‑X‑3‑.01
Experience After
Graduation From Forestry Curriculum
380‑X‑3‑.02
Establishing Intern Status (Repealed
9/1/08)
380‑X‑3‑.03
Application Administration
380‑X‑3‑.04
Notification Procedures For
Examination
380‑X‑3‑.05
Examination Panel (Repealed 9/1/08)
380‑X‑3‑.06
Expiration And Renewal Procedures
380‑X‑3‑.07
Lapsed Licenses ‑ Renewal
380‑X‑3‑.08
Expired Licenses Not To Be Displayed
380‑X‑3‑.09
Replacing Lost, Destroyed, Or
Mutilated Licenses
380‑X‑3‑.10
Reporting Continuing Education
Credits
(Repealed 9/1/08)
380‑X‑3‑.11
Curriculum Guidelines
380‑X‑3‑.12
Inactive/Unlicensed Listing in Roster
380‑X‑3‑.13
Acceptable Documentation of
Citizenship/ Legal Presence in the U.S.
380‑X‑3‑.14
Application Deadlines
380‑X‑3‑.15
Testing Violations
CHAPTER 380‑X‑4
RECIPROCITY
380‑X‑4‑.01
Reciprocity Requirements And Interim
Permits
380‑X‑4‑.02
Reciprocity For License Holders
Moving To
Alabama
380‑X‑4‑.03
Reciprocity Denied Residents Of
Non-Licensing States (Repealed 10/13/2020)
380‑X‑4‑.04
Alabama Residents Denied
Reciprocity
380‑X‑4‑.05
Renewal Of Reciprocity
380‑X‑4‑.06
Active Duty Military Spouse
CHAPTER 380‑X‑5
VIOLATIONS
380‑X‑5‑.01
Procedure For Handling Alleged
Violations Regarding The Practice Of
Forestry Without A License
380‑X‑5‑.02
Procedure For Processing Alleged
Violations Regarding The Practice Of
Forestry By Registered Foresters
CHAPTER 380‑X‑6
POLICY STATEMENTS
380‑X‑6‑.01
"Supervision" Under §34‑12‑2(3)
Construed
380‑X‑6‑.02
"Comparable" And "Acceptable" Under
§34‑12‑11(2)a Construed
380‑X‑6‑.03
Exception
Under §34‑12‑2(3) Construed
380‑X‑6‑.04
Continuing Education
380‑X‑6‑.05
Failure To Comply With Continuing
Education Requirements
380‑X‑6‑.06
Notarized Statement Of Supervision
380‑X‑6‑.07
Offering Of Standing Timber For Sale
By Owner
380‑X‑6‑.08
Arrangements for Examination
Appendix A
Forms
380‑X‑1‑.01
Description Of Board's Operations
.
The State Board of Registration for
Foresters consists of five registered
foresters selected by the Governor of
Alabama to administer Code of Ala. 1975,
§34-12-1, et seq. Each member
must meet the qualifications of §34-12-31,
and each member serves a term of five years.
The principal function of the Board is the
examination and licensing of registered
foresters, as well as granting reciprocity
to qualified individuals. The Board provides
for the administration of examinations of
applicants and determines whether applicants
satisfy the criteria of §34-12-4 for
becoming registered foresters. It also
administers the renewal, revocation,
reissuance, or replacement of licenses of
previously registered foresters and keeps a
roster of registered foresters. In addition,
the Board has authority to prefer charges or
seek injunctive relief against those who
practice forestry without a license or those
who unlawfully represent themselves to be
registered foresters. The office manager is
empowered to act on behalf of the Board and
its officers as authorized by these rules
and by action of the Board. The Board meets
quarterly in Montgomery on the Wednesday
following the fourth Tuesday in January,
April, July, and October. Special meetings
may be held upon call by the chairman with
each member of the Board receiving written
notice at least forty-eight hours in
advance. Meetings are usually held at the
Alabama Forestry Commission in Montgomery.
Author: Alexis V. London
Statutory Authority:
Code
of Ala. 1975
, §34‑12‑1,
et seq.
History:
Filed November 2, 1983.
Amended
: Filed August 2, 2013;
effective September 6, 2013
380‑X‑1‑.02
Request For Information.
Any person, as defined in Code of Ala. 1975,
§41-22-3, may request information from the
Board by submitting a written request to the
Secretary of the Board. The mailing address
and telephone number are:
Secretary
State Board of Registration for Foresters
513 Madison Avenue
Montgomery, Alabama 36130
Telephone Number: (334) 240-9301
Author: Alexis V. London
Statutory Authority: Code of Ala. 1975, §§34-12-35, 41-22-4 (a)(1).
History: Filed November 2, 1983.
Amended:
Filed February 9, 2007; effective March 16,
2007. Amended: Filed July 28, 2008;
effective September 1, 2008.
380‑X‑1‑.03
Release Of Board Information
.
Request for information concerning
the financial affairs of the Board shall be
released only by the secretary of the Board
and then only upon receipt of written
request.
The office manager is authorized to
release to any person upon request only that
information which has been released by the
Board through the publicity chairman, and/or
through the
Roster of Registered
Foresters
and the Annual Report
to the Governor.
The Foresters Registration Record
shall be used as a reference in the event a
registrant's name does not currently appear
in the published roster.
Author:
R. V. Miles, Jr.
Statutory Authority:
Code
of Ala. 1975
, §34‑12‑35.
History:
Filed October 1, 1982.
380‑X‑1‑.04
Applicant's Files ‑ Confidentiality
.
Applicant's files are confidential
and are available for inspection only by the
office manager, members of the Board, and
the applicant personally.
These files will be kept in the
offices of the Board and will not be
removed.
Proof of identity may be required of
any person requesting access to his file.
Author:
Charles Tomlinson
Statutory Authority:
Code of Ala. 1975
, §34‑12‑35.
History:
Filed October 1, 1982.
380‑X‑1‑.05
Audience With Board By Written Request
.
Any person may obtain an audience
with the Board by directing a request, in
writing, to the chairman, stating his
reasons therefor, provided that the request
is approved by the chairman.
Author:
R. V. Miles, Jr.
Statutory Authority:
Code of Ala. 1975
, §34‑12‑35.
History:
Filed October 1, 1982.
380‑X‑1‑.06
Reports Agenda For Board Meetings
.
At the regular meetings of the Board,
the office manager will make the following
specific reports in accord with the
established agenda and in conformity with
the schedule as outlined herein:
(a)
JANUARY MEETING ‑ Number of foresters
registered to date; deaths of registrants
known or reported; renewals of reciprocity
handled administratively; names and license
numbers of registrants delinquent in payment
of fees; status and condition of Board
property.
(b)
OCTOBER AND APRIL MEETINGS ‑ The need
for equipment and supplies and the estimated
cost of each item; the financial statements
as of the end of the state's fiscal year
(September) and the mid‑fiscal year (March).
(c)
ALL REGULAR MEETINGS ‑ Any
information considered to be pertinent to
the deliberations of the Board.
(d)
SPECIAL MEETINGS ‑ At the direction
of the chairman, any regular or special
report for which the office manager is
vested with the authority to collect and
maintain the supporting data.
Author:
R. V. Miles, Jr.
Statutory Authority:
Code of Ala. 1975
, §34‑12‑35.
History:
Filed October 1, 1982.
380‑X‑1‑.07
Petition For Adoption Of Rules
.
(1)
Any person who wishes to propose that
the State Board of Registration for
Foresters adopt, amend, or repeal any rule
shall submit said proposal in the following
form:
PETITION FOR ADOPTION OF RULES
1.
Petitioner
Name_____________________________________________________
Address__________________________________________________
Phone____________________________________________________
2.
Character of Change
I propose that the State Board of
Registration for Foresters:
A. ( ) adopt the following new rule.
B. ( ) amend Rule__________________as
follows.
C. ( ) repeal
Rule___________________in total.
3.
Text of Proposed Rule
If you checked Box "A" above, type
the rule you propose.
If you checked Box "B" above, type
the currently effective rule, adding any
proposed language.
Proposed new language should be
underlined and proposed deletion should be
stricken through.
If you checked Box "C" above, skip
this and go to Part 4.
4.
Purpose of Change
Briefly describe what the effect of this
change will be, and why you believe the
change should be made.
5.
Signature
________________________
________________________________
Date
Petitioner
(2)
The department shall consider the
petition, and shall within ninety (90) days
after submission of the petition, either
deny the petition in writing on the merits,
stating its reasons for the denial, or
initiate rule‑making proceedings in
accordance with Code of Ala. 1975,
§41‑22‑5.
Author:
Wilbur B. Devall
Statutory Authority:
Code of Ala. 1975
, §41‑22‑5.
History:
Filed November 2, 1983.
380‑X‑1‑.08
Declaratory
Rulings
.
The Board may issue declaratory
rulings to any person substantially affected
by a rule with respect to the validity of
the rule, or with respect to the
applicability to any person, property, or
state of facts of any rule or statute
enforceable by the Board, or with respect to
the meaning and scope of any order of the
Board.
Such petitions shall be as follows:
==============================================================
IN RE: THE PETITION
OF_______________________ DOCKET NO.______
(State petitioner's name)
FOR A DECLARATORY RULING
ON___________________________________
______________________________________________________________
(state rule number, statute for which
interpretation sought, etc.
PETITION FOR A DECLARATORY RULING
(A)
The body petition shall be set out in
numbered paragraphs as follows:
1.
Petitioner's name:
2.
Petitioner's full address:
3.
All rules or statutes that may be
involved in the petition, if known:
4.
Clear and concise statement of the
precise factual situation involved:
5.
The exact question to which an answer
is desired:
6.
The reasons for submitting the
petition:
7.
Full disclosure of the petitioner's
interest:
8.
Statement as to whether the
petitioner's case is presently under
consideration by the department or in any
pending proceeding:
9.
Subscription and verification by the
petitioner before a notary public:
(B)
Upon receipt of a petition for a
declaratory ruling, the department shall
enter the date of receipt of the petition
and the docket number and notify the
petitioner of receipt.
Author:
Wilbur B. Devall
Statutory Authority:
Code of Ala. 1975
, §41‑22‑11.
History:
Filed November 2, 1983.
380-X-1-.09
Fees. Board fees are as
follows:
Registration/Application Fee
(Must accompany application)
|
$ 60
|
Reinstatement Application Fee
(Paid in addition to the applicable
renewal fee)
|
$150
|
Re examination Fee
|
$100
|
Renewal Fee
(For all licensees)
|
$150
|
Late Fee
(Paid in addition to the applicable
renewal fee)
|
$100
|
License Replacement Fee
(Certificate)
|
$ 50
|
Printed Roster
|
$ 10
|
Registered Forester Window Decal
(Auto)
|
$ 1
|
Registered Foresters Cap
|
$ 18 (+S/H) |
Registered Foresters Cap W/RF No.
|
$ 23 (+S/H) |
Returned Check Fee
|
$ 30
|
Reciprocity Application Fees
(Same as charged Alabama applicants in the
reciprocal state)
Arkansas
$ 80
Georgia
$ 20
Mississippi
$ 50
North Carolina $ 90
South Carolina $180
Author: Alexis V. London
Statutory Authority: Code of Ala. 1975,
§34-12-35 and §8-8-15
History: New Rule: Filed July 28, 2008;
effective September 1, 2008. Amended:
Filed November 6, 2013; effective December 11, 2013. Amended:Filed January 29, 2019 effective March 15, 2019.
Amended: November 30, 2021; effective January 14, 2022. |
CHAPTER 380‑X‑2
CONDUCT OF BOARD MEMBERS
represented as having approval of the
Board, shall be submitted to the chairman
will the
380‑X‑2‑.01
Board
Business Not To Be Discussed With
Non-Members
.
It shall be the policy of the Board
that no members shall discuss the business
and transactions of the Board, outside the
Board meetings, except confidentially with
another member of the Board.
Author:
R.
V. Miles, Jr.
Statutory Authority:
Code of Ala. 1975,
§34-12-35.
History:
Filed October 1, 1982.
380‑X‑2‑.02
Prepublication
Board Approval Of Articles, Manuscripts Or
Materials Concerning Board Policy
.
Any release, article, manuscript or other material concerning Board
policy, controversial matters or the philosophy of licensing, which is prepared
by a Board member for presentation or publication and is
n submit a copy to each Board member
for approval or disapproval.
On the concurrence of three members
of the Board, the chairman shall then have
authority to release the material for
publication or presentation.
A Board member will be considered as
approving the material submitted unless he
expressed a written opinion to the contrary
within two weeks from the date of the
chairman’s letter of transmittal.
Board members may make addresses,
radio and television presentations, and
prepare articles for restricted distribution
if their statements are confined to factual
data and do not disclose confidential
information.
Articles prepared by the chairman
which are strictly in the field of reporting
and are confined to factual data, may or may
not be submitted to Board members for
approval prior to publication.
Author:
R.
V. Miles, Jr.
Statutory Authority:
Code of Ala. 1975,
§34-12-35.
History:
Filed October 1, 1982.
CHAPTER 380‑X‑3
LICENSING PROCEDURES
380‑X‑3‑.01
Experience After Graduation From Forestry
Curriculum
.
After September 13, 1962, experience
in forestry work of a character satisfactory
to the Board as set out in Section 12 shall
be acquired after graduation with a
bachelor’s or higher degree from a school
approved by the Board or accredited by the
Society of American Foresters in a
curriculum in forestry accepted by the
Board.
Author:
Melisa V. Love
Statutory Authority:
Code of Ala. 1975,
§34‑12‑35.
History:
Filed October 1, 1982.
Amended:
Filed August 9, 2006; effective
September 13, 2006.
380‑X‑3‑.02
Establishing Intern Status (Repealed)
.
Author:
R. V. Miles, Jr.
Statutory Authority:
Code of Ala. 1975,
§34‑12‑35.
History:
Filed October 1, 1982.
Repealed: Filed July
28, 2008; effective September 1, 2008.
380‑X‑3‑.03
Application Administration
.
The Board, at its discretion, may administer the licensing examination to
forestry students prior to graduation or at any time during an applicant’s two
year post graduation experience. The Board will consider all other applicants
for an examination upon the completion of two years of qualifying experience.
Applicants with eighteen (18) months of qualifying experience may submit
applications for licensing to the Board for consideration. The Board will
consider such applicants and may schedule them for an examination to be given
after such time as two years of qualifying experience so that two full years of
experience will appear on the record prior to the scheduled examination date.
Author: Joe Roberson
Statutory Authority: Code of Ala. 1975, §34 12 35.
History: Filed October 1, 1982. Amended: Filed
May 06, 2016; effective June 20, 2016.
380‑X‑3‑.04
Notification Procedures For Examination
.
When the Board finds
that an examination for license is required
the applicant will be so notified by
electronic mail and/or U.S. mail, not less
than 30 days before the examination as to
the time and place of the examination. If
the applicant notifies the Board that he
will not take the exam at this time, his
file will then be considered inactive and no
further action will be initiated by the
Board.
Author:
R. V. Miles, Jr.
Statutory Authority:
Code of Ala. 1975,
§34‑12‑35.
History:
Filed October 1, 1982.
Amended:
Filed July 28, 2008; effective September 1,
2008.
380‑X‑3‑.05
Examination Panel
.
(Repealed).
Author:
Charles Pigg
Statutory Authority:
Code of Ala. 1975,
§§34‑12‑6, 34‑12‑35.
History:
Filed October 1, 1982.
Repealed: Filed July
28, 2008; effective September 1, 2008.
380‑X‑3‑.06
Expiration And Renewal Procedures
.
All licenses expire and become
invalid on the 30th of September each year
unless renewed by that date.
Three months prior to the expiration
date, each registrant will be notified by
the secretary by mail of the expiration date
of the license and the amount of the renewal
fee for the ensuing year.
A final renewal notice will be mailed
thirty days prior to the expiration date.
Licenses may be renewed during the
three months following September 30, but no
later than December 31, by payment of a late
renewal fee set by the Board.
Registrants failing to renew their
licenses by September 30 will be notified by
the secretary by mail by October 31, the
said license will be revoked.
Author:
R. V. Miles, Jr.
Statutory Authority:
Code of Ala. 1975,
§34‑12‑35.
History:
Filed October 1, 1982.
Amended:
Filed February 2, 1998; effective
March 9, 1998.
380‑X‑3‑.07
Lapsed
Licenses ‑ Renewal
.
A licensee who allows his license to lapse
and does not renew within the grace period
allowed by statute must apply for a new
license as if he or she had never received a
license and must satisfy existing
requirements for registration. If the
applicant can show that he or she has
previously met the current requirements for
licensing, the applicant may not, at the
discretion of the Board, be required to
repeat the requirements. The Board may only
exercise its discretion under this
provision, if the board is able to verify
through the Board’s records, that the
applicant has met the current requirements
for licensure. Licensure records are subject
to the Board’s records retention policy.
Author: Alexis V. London
Statutory Authority:
Code of Ala. 1975,
§34‑12‑35.
History:
Filed October 1, 1982.
Amended:
Filed August 2, 2013;
effective September 6, 2013.
380‑X‑3‑.08
Expired Licenses Not To Be Displayed
.
A revoked, expired, or invalid
license shall not be displayed in any public
office or place of business by any
registrant, person or firm in connection
with the practice of forestry.
Any violation of this rule will be
cause for the Board to require the possessor
of said license to surrender the same to the
Board.
Author:
R. V. Miles, Jr.
Statutory Authority:
Code of Ala. 1975,
§34‑12‑35.
History:
Filed October 1, 1982.
380‑X‑3‑.09
Replacing Lost, Destroyed Or Mutilated
Licenses
.
The Board shall issue a new License
identified by the same number as that of the
original to replace any license lost,
destroyed, or mutilated upon receipt by the
Board of a written request and a fee of
fifty dollars from the licensee, provided
the Board's records show the original
license is valid.
This new license shall bear the
signatures of current officers, the date of
reissue, and below the license number the
following:
"Original license
approved_____________(date)."
Author:
Everett Johnson, Jr.
Statutory Authority:
Code of Ala. 1975,
§34‑12‑35.
History:
Filed October 1, 1982.
Amended:
Filed August 9, 2006; effective
September 13, 2006.
380‑X‑3‑.10
Reporting Continuing Education Credits
.
(
Repealed).
Author:
Bob Lowe
Statutory Authority:
Code
of Ala. 1975
, §34‑12‑8(b).
History:
Filed March 19, 1992.
Repealed: Filed July
28, 2008; effective September 1, 2008.
380‑X‑3‑.11
Curriculum Guidelines
.
It shall be the policy of the Board,
under Code of Ala. 1975,
§34‑12‑4(A)(1), that determination of
“curriculum accepted by the Board” will be
guided by a list of core courses common to
most accredited forestry degree programs and
Society of American Foresters standards, and
will include: Mensuration/Forest
Measurements, Dendrology, Silviculture,
Forest Economics, Forester Management,
Forest Pathology or Forest Health, Forest
Policy, Forest Ecology, and Forest Soils.
Other courses that are frequently
required or offered include tree physiology,
watershed ecology, surveying, Silvics,
wildlife management, harvesting, prescribed
fire or fire ecology, forest recreation,
wood properties or forest products, forest
taxation and remote sensing (GIS and/or
aerial photography).
General course work may include
general chemistry, biology, genetics,
computer science and/or applications,
mathematics, statistics, and technical
writing.
Author:
Everett Johnson, Jr.
Statutory Authority:
Code of Ala. 1975,
§34‑12‑4(A)(1)
History:
New Rule:
Filed August 9, 2006; effective
September 13, 2006.
380-X-3-.12
Inactive/Unlicensed Listing in
Roster.
(Repealed)
Author: Melisa V. Love
Statutory Authority: Code of Alabama
1975, §34-12-35
History: New Rule: Filed
April 11, 2007; effective May 16, 2007. Repealed: May 3, 2017; effective July 14, 2017.
380-X-3-.13 Acceptable Documentation Of Citizenship/Legal Presence In
The United States
. Pursuant to
Section 34-12-4(5), Code of Ala. 1975, all
applicants for registration will be required
to submit to the Board at the time of
application documentation which proves one
is a United States citizen or is in the
United States legally. U.S. citizens must
provide a legible copy of at least one
document listed in Section 31-13-29(g), Code
of Ala. 1975. Non-citizens must provide a
legible copy of at least one document listed
in Section 31-13-3(10), Code of Ala. 1975. A
recent photograph of the applicant (head and
shoulders) must also be affixed to the
application.
Author: Alexis V. London
Statutory Authority: Code of Ala. 1975, §34-12-35, 41-22-4.
History: New Rule: Filed May 20, 2011; effective June 24, 2011.
Amended: Filed August 2,
2013; effective September 6, 2013.
380-X-3-.14 Application Deadlines. To allow time for
processing, all applications for license shall be filed with the Board at least
fourteen (14) days prior to the next scheduled meeting of the Board.
Author:
Alexis V. London
Statutory Authority: Code of Ala. 1975, §§34 12 35, 41 22 4.
History: New Rule: Filed August 11, 2011; effective September 15, 2011.
380-X-3-.15 Testing Violations. If testing procedures
are violated by the applicant at any time during an exam, including the use of any electronic devices, the applicant
would not be allowed to complete the exam. A failing grade would be given and the rules for re-taking the exam would apply.
Author:
Timothy P. Albritton
Statutory Authority: Code of Ala. 1975, § 34-12-6.
History: New Rule Filed May 20, 2019
Effective: July 5, 2019
CHAPTER 380‑X‑4
RECIPROCITY
380‑X‑4‑.01
Reciprocity Requirements And Interim Permits
.
A person licensed in the state of his
residency and who maintains a permanent
office and/or place of business there as a
base for his professional practice may upon
formal application be granted reciprocity to
practice in Alabama in the normal course of
his assigned responsibilities as required by
his principles, clients, or employers,
provided the state of his residency is under
reciprocal agreement with Alabama.
Author:
R. V. Miles, Jr.
Statutory Authority:
Code of
Ala.
1975
, § 34‑12‑35.
History:
Filed October 1, 1982.
380‑X‑4‑.02
Reciprocity For License Holders Moving To
_Alabama.
If a person is registered in another state
and moves his residence to Alabama, he may be
granted reciprocity, but such provision
expires when the license expires.
Author:
R. V. Miles, Jr.
Statutory Authority:
Code of
Ala.
1975
, § 34‑12‑35.
History:
Filed October 1, 1982.
380‑X‑4‑.03
Reciprocity Denied Residents Of
Non‑Licensing
_States. (Repealed)
Author:
R. V. Miles, Jr.
Statutory Authority:
Code of
Ala.
1975
, § 34‑12‑35.
History:
Filed October 1, 1982. Repealed: Filed June 8, 2020; effective October 13, 2020
380‑X‑4‑.04
Alabama
Residents Denied Reciprocity
.
A
resident of Alabama,
licensed in another state, cannot practice
in
Alabama
under the reciprocity provision.
Author:
R. V. Miles, Jr.
Statutory Authority:
Code
of Ala. 1975
, §
34‑12‑35.
History:
Filed October 1, 1982.
380‑X‑4‑.05
Renewal Of Reciprocity
.
An initial application for reciprocity shall
be acted upon by the Board. An application
for renewal of reciprocity shall be handled
administratively by the office manager.
Author:
R. V. Miles, Jr.
Statutory Authority:
Code of
Ala.
1975
, § 34‑12‑35.
History:
Filed October 1, 1982.
380‑X‑4‑.06
Active Duty Military Spouse
.
A forester licensed in another state whose spouse is active duty military and who seeks an Alabama
license shall have the initial license fee waived upon filing with the Board a completed application, a
certificate of licensure from a qualifying state (Ala Code § 34 12 11(2)), and proof of the spouse’s
active duty military service. Upon review of the materials submitted, the Executive Director has the
authority to conditionally approve registration and the forester may begin to work in Alabama pending
for mal approval of the application by the Board. At the next Board meeting, the Board will review the
application and vote to determine whether the forester will remain registered in Alabama.
Author:
Timothy P. Albritton
Statutory Authority:
Code of
Ala.
1975
, §§ 34‑12‑11, 41-22-5.
History:
New Rule: Filed June 8, 2020; effective December 15, 2020.
CHAPTER 380‑X‑5
VIOLATIONS
380‑X‑5‑.01
Procedure For Handling Alleged Violations
Regarding The Practice Of Forestry Without A
License
.
The
State Board of Registration (SBRF) for
Foresters shall use the following procedures
to handle complaints regarding the practice
of forestry without a license.
(1)
Upon receipt of a complaint, oral or
in writing, the Office Manager (OM) will
acknowledge the complaint and send the
complainant a standard Complaint Form
(380‑X‑5‑.01c) and transmittal letter
(380‑X‑5‑.01b).
Complainant must submit a properly
completed and notarized form in order for
SBRF to take action on the allegations.
(2)
When a properly submitted complaint
is received by the OM at the SBRF office in
Montgomery, the date of receipt will be
noted, a unique case number assigned and a
file established.
OM will acknowledge receipt to
complainant and send a copy to the Chairman
of the Violations Committee (CVC) and the
Chairman of the Board (CB).
(3)
Should CVC and CB agree that no
action should be taken, said decision will
be noted in the file and the complainant
notified in writing.
Such a decision will be reviewed by
SBRF at its next scheduled meeting.
(4)
Should CVC and CB agree action should
be taken, CVC will notify the unlicensed
party (UP) to “cease and desist” the alleged
activity citing the pertinent sections of
Chapter 12 of the Code and requiring a
response within ten days of receipt
affirming compliance with the law or
explaining UP’s position regarding the
complaint.
Upon receipt of an affirming
response, the case will be reviewed by SBRF
and provided no additional investigation is
required, the case will be closed and all
parties notified of satisfactory resolution.
(5)
Should UP’s response be inadequate or
negative SBRF may designate legal counsel
(AGO) to further investigate and prefer
charges accordingly in the appropriate
County.
Section 34‑12‑12(a).
The results of said prosecution will
be reviewed by AGO for SBRF and all parties
notified in writing.
Any fines collected as a result of
conviction(s) shall be placed in the
“professional foresters fund” by OM.
Author:
H. Phillip Sasnett
Statutory Authority:
Code of Ala. 1975,
§§34‑12‑12, 34‑12‑35.
History:
Filed October 1, 1982.
Repealed and Replaced:
Filed February 2, 1998; effective
March 9, 1998. Amended:
Filed November 6, 2013; effective December
11, 2013.
380‑X‑5‑.02
Procedure For Processing Alleged
Violations Regarding The Practice Of
Forestry By Registered Foresters
.
The State Board of Registration for
Foresters (SBRF) shall use the following
procedures to handle complaints regarding
the practice of forestry by Registered
Foresters (R.F.).
(1) Upon receipt of a complaint, oral or in
writing, the Office Manager (OM) will
acknowledge the complaint and send the
complainant a standard Complaint Form
(380-X-5-.02c) and transmittal letter
(380-X-5-.02b). Complainant must submit a
properly complete and notarized form in
order for SBRF to take action on the
allegations.
(2) When a properly submitted complaint is
received by the OM at the SBRF office in
Montgomery, the date of receipt will be
noted, a unique case number assigned and a
file established. OM will acknowledge
receipt to complainant and send a copy to
the Chairman of the Violations Committee
(CVC) and the Chairman of the Board (CB).
(3) Should CVC and CB agree that no action
should be taken, said decision will be noted
in the file and the complainant notified in
writing. Such a decision will be reviewed by
SBRF at its next scheduled meeting.
(4) Should CVC and CB agree action should be
taken, CVC will notify the R.F. of
allegations/complaint and initiate
investigation, by contacting all known
parties for evidence. Upon completion of the
investigation the case is reviewed by the
SBRF. If the SBRF finds the allegations to
be without merit the case is closed and
parties are notified in writing.
(5) Should SBRF find that the allegations
have merit, then charges will be preferred
and a formal Hearing scheduled within three
months after the date in which they have
been preferred. The time and place for such
Hearing shall be fixed by SBRF, and a copy
shall be personally served on or mailed to
the last known address of the R.F., the
complainant and all witnesses at least
thirty days before the date of the hearing
(Section 34-12-9).
(6) At the Hearing, the accused R.F. shall
have the right to appear personally and by
counsel, to cross-examine witnesses
appearing against him, and to produce
evidence and witnesses in his own defense.
(7) Immediately following the testimony of
the Hearing SBRF will deliberate and vote.
Should three or more members of SBRF vote in
favor of finding the accused guilty, SBRF
shall revoke the license of R.F.
Additionally, SBRF is authorized to
discipline its licensees by the adoption and
collection of administrative fines, not to
exceed $2,000 per violation (Section
34-12-9). Subsequently, all parties will be
notified in writing of SBRF’s decision and
the case is closed. R.F. has the right of
appeal through the legal system based solely
on the evidence presented to SBRF. New
evidence must first be presented to SBRF.
Author:
Alexis V. London
Statutory Authority:
Code of Ala. 1975,
§§34‑12‑9, 34‑12‑35.
History:
New Rule:
Filed February 2, 1998; effective
March 9, 1998.
Amended: Filed August 2,
2013; effective September 6, 2013
CHAPTER 380‑X‑6
POLICY STATEMENTS
380‑X‑6‑.01
"Supervision" Under §34‑12‑2(3) Construed
.
It shall be the policy of the Board,
under Code of Ala. 1975, §34‑12‑2(3),
that: the word "supervision" should mean the
direct personal inspection and approval of
all work of such employee or subordinate
which is presented to the public in any form
as being the effort, the result of the
efforts, opinion, advice or recommendation
of a forester.
Author:
Charles Tomlinson
Statutory Authority:
Code of Ala. 1975,
§34‑12‑35.
History:
Filed October 1, 1982.
380‑X‑6‑.02
"Comparable" And "Acceptable" Under
§34‑12‑11(2)a Construed
.
It shall be the policy of the Board,
under Code of Ala. 1975,
§34‑12‑11(2)a that: the words "comparable"
and "acceptable" shall collectively be
interpreted by the Board to mean that the
standards for licensing in the licensee's
state of residence on the date license was
issued were equivalent to Alabama standards
existing at that time, with the exception of
the examination.
Author:
Charles Tomlinson
Statutory Authority:
Code of Ala. 1975,
§34‑12‑35.
History:
Filed October 1, 1982.
380‑X‑6‑.03
Exception Under §34‑12‑2(3) Construed
.
It shall be the policy of the Board
under Code of Ala. 1975, §34‑12‑2(3)
that:
The exception allowing for work
performed under supervision of a licensed
forester excludes the work only and does not
permit the public use of the title
forester for those being supervised.
Author:
Charles Tomlinson
Statutory Authority:
Code of Ala. 1975,
§34‑12‑35.
History:
Filed October 1, 1982.
380‑X‑6‑.04
Continuing Education
.
(1)
A registered forester will be required to have annually completed 10 hours of acceptable continuing education which can be taken during the two-year period immediately preceding the renewal date as a condition for license renewal. Classes taken more than two years prior to the renewal date may not be used. Credit for a class may only be used once.
(2)
Acceptable continuing education credit hours can be carried over one year provided the hours have not been used to satisfy the previous year requirements.
(3)
Registered foresters licensed for less than one year at the date of license expiration will not be required to complete any hours of continuing education prior to that first license expiration, but will be required to have the 10 required hours of continuing education as of the second license expiration as a condition for license renewal.
(4)
Registered foresters will report the continuing education credits to be applied to this requirement as a part of the license renewal form. Documentation shall be retained by each licensee and shall include evidence of completion of each course or program, a description of the contents of each course or program, and verification of the number of hours of each course or program; or, for other activities which meet the requirements, such documentation as to ascertain their completion. All registered foresters are subject to an annual Board of Registration audit of continuing education documentation.
(5)
Failure to comply with the provisions of this section will result in nonrenewal of the registered forester license. Registered foresters whose licenses have expired for nonrenewal are prohibited from identifying themselves as registered foresters and practicing professional forestry.
(6)
Responsibility for documenting the fulfillment of the continuing education requirements provided for in this section rests with the licensee, and the licensee must retain for a period of two years, from the date of license renewal, copies of the evidence to support fulfillment of the requirements.
(7)
Credit accrues at a rate of one hour for each hour of actual contact. This shall be known as a contact hour
or clock hour. Travel time on tours or field sessions will not be included in calculating contact hours. For providers who measure continuing education activities in "Continuing Education Units (CEUs)," one CEU is defined as 10 contact hours of continuing education. Credit will not be allowed for any program which in its entirety, including question and answer periods, lasts less than sixty minutes. However, credit may be rounded down to the nearest whole or half hour, so long as it is at least one hour. Credit will not be given for time spent in introductory remarks, coffee and luncheon breaks, meals, or business meetings where no organized course work is presented.
(8)
There are six categories of continuing forestry education which cover the various activities for which credit may be granted.
(a) Category
1. Organized course work or activities in forestry or forestry-related subject matter such as silviculture, mensuration, biometrics, economics, forest pest management, habitat management, watershed management, best management practices, genetics, urban forestry, forest policy, spatial technology, wood products, forest real estate, or professional ethics. Included are seminars, short courses, and workshops conducted or sponsored by public or private organizations, forest management related seminars and courses held by forest industry and public employers for their employees, as well as technical sessions of professional forestry society meetings or conferences. A Category 1 activity must satisfy all of the following conditions:
1. It constitutes an organized program of learning (including a meeting, workshop or symposium) which contributes directly to the professional competency of the registered forester.
2. It deals primarily with matter directly related to the practice of forestry or to the professional responsibility or ethical obligations of foresters.
3. It is conducted by foresters or individuals who have special education, training and experience by reason of which they can be considered experts in the subject matter of the program.
4. It is conducted in a setting physically suitable to the educational objectives.
5. The subject matter is applicable to foresters in general. (Activities may be approved where attendance is limited to the members of a particular company, firm or governmental agency but only if the subject matter is broad enough to be of interest to foresters in general).
(b) Category 2. The development, preparation, and presentation of professional level forestry or forestry-related course work, in an instructional capacity such as described in Category 1, which require effort beyond the general scope of the individual's normal duties or job description. Credit accrues at the rate of two contact hours for each hour of presentation.
(c) Category 3. Other organized course work or activities not specifically forestry or forestry-related but which are professionally enriching or directly benefiting the individual in his or her present position. Examples include general sessions of forestry or other professional meetings or course work in areas such as real estate, finance, appraisal, business management or computer science.
(d) Category 4. The preparation, writing and publication of forestry or forestry-related subject matter, which requires effort beyond the general scope of the individual's normal duties or job description. Credit accrues at the rate of 15 hours for each publication requiring technical review or 5 hours for an article or a series of articles of a substantial nature in magazines, newspapers, or similar publications.
(e) Category 5. Self-improvement in forestry or forestry-related subjects. Examples are attendance at meetings of state boards of forestry, forestry licensing committees, or tree improvement associations. This may not include the business or social portions of professional society meetings that do not qualify for Categories 1 or 2. Also included is self-improvement through publications or audio-visual presentations on technical forestry subjects. Independent study programs that are forestry related but do not qualify for Category 1 are included. Credit accrues at the rate of one hour for each hour of activity.
(f) Category 6. Holding elected or appointed office or active committee assignment in forestry or allied professional organizations and on national, state or local boards as a representative of the forestry profession. Credit
accrues at the rate of 5 hours per year for holding office, chairing an assignment or one active committee membership.
(9)
Correspondence courses and independent study programs are permitted under categories 1 and 2, if the course provides for interaction between the participant and the course administrator. This usually takes the form of periodic examinations and must be documented; otherwise, correspondence courses may be counted under Category 5. Contact-hours are assigned on the basis of the credits granted by the sponsoring organization. If the organization uses a semester system, the number of credits is multiplied by 15; for a quarter system, the number of credits is multiplied by 10.
(10)
University and college taught activities taken in pursuit of a degree may be counted as Category 1 so long as that degree is not being obtained to meet the minimum qualifications for registration as a registered forester. This will generally include graduate degrees and non-forestry degrees. Credits will be assigned as described above for correspondence courses.
(11)
Minimum continuing education requirements for annual license renewal are a total of 10 contact hours of continuing education.
(a) A minimum of 5 contact hours must be in Category 1 or 2. However, the entire requirement may be met with hours in Category 1, only.
(b) A maximum of 5 contact hours may be claimed in categories 3 through 6.
(12)
Continuing forestry education hours may be obtained from the following providers or through independent study, so long as they conform with the requirements set out above. Providers described in paragraphs a, b, c and d below will not require prior Board approval. Licensees documentation for providers in a, b, c and d should include the course outline and instructors names and qualifications.
(a) Professional Associations. Continuing forestry education hours may be obtained by participating in activities sponsored by or approved by the Society of American Foresters or other professional associations. A properly authorized official of the professional organization shall certify the number of contact hours of educational content of each sponsored or approved activity.
(b) Educational Institutions. Continuing forestry education hours may be obtained by completing non-forestry degree or graduate level course work or by participating in continuing educational programs sponsored by or approved by educational institutions accredited by a regional body recognized by the Council of Post-Secondary Accreditation. The educational institution shall certify the number of contact hours of educational content in each sponsored or approved program.
(c) Government Agencies. Continuing forestry education hours may be obtained by participating in in-service training, courses, or workshops sponsored by federal, state or local agencies. The provider shall certify the number of contact hours of educational content in each sponsored activity.
(d) Forest Industry. Continuing forestry education hours may be obtained by participating in in-house training, courses or workshops. The provider shall certify the number of contact hours of educational content in each sponsored activity.
(e) Board Approved Providers.
1. Continuing forestry education may be obtained by participating in activities sponsored by Board Approved Providers, so long as the provider was approved at the time the program was offered. Board Approved Providers may only offer programs in the topic areas for which they have been approved. The provider shall certify the number of contact hours of educational content in each continuing education activity.
2. In order to qualify for initial Board approval, to renew Board approval or to qualify for approval in additional topic areas, a provider must apply to the Board. The application must be received in the Board office prior to the date the course is to be given. The application must include the following:
(i) A description of the topic areas in which the provider plans to sponsor continuing education activities.
(ii) The names of all instructors currently offering continuing education activities, a description of the topic areas in which each instructor is qualified to teach along with a vita or other evidence demonstrating that each instructor is qualified in the identified topic area.
(iii) Program outlines, including instructors, objectives and schedules for all continuing education activities the provider has plans to present.
3. Board Approved Provider status shall expire four years from the date of approval and may be renewed by application to the Board. The Board retains the right to monitor continuing education programs sponsored by Board Approved Providers and will withdraw approval from providers who do not maintain the standards demonstrated in their application. Board Approved Providers shall notify the Board in writing of a change of address or of a decision to withdraw from Board Approved Provider status.
(13)
Standards similar to those required for Category 1 providers are expected for Category 2 providers except that the professional societies will be other than forestry related. The Board will not approve any other providers but will accept Category 1 and 2 courses approved by other state licensing boards in the appropriate specialty areas.
Author:
Alexis V. London
Statutory Authority:
Code of Ala. 1975, §34-12-8(b).
History:
Filed March 19, 1992.
Amended:
Filed August 9, 2006; effective
September 13, 2006.
Amended:
Filed February 9, 2007; effective
March 16, 2007. Amended: Filed May 06, 2016;
effective June 20, 2016.
Amended: Filed May 13, 2021; effective July 12, 2021.
380‑X‑6‑.05
Failure To Comply With Continuing Education
Requirements
.
Failure of an applicant to fulfill
continuing educational requirements will be
reviewed by the Board and the applicant
notified of the deficiencies and the
required corrective action.
Author:
Bob
Lowe
Statutory
Authority:
Code
of Ala. 1975
, §34‑12‑8(b).
History:
Filed March 19, 1992.
380‑X‑6‑
.06
Notarized Statement Of Supervision
.
It is the policy of the Board,
under Section 34‑12‑2(b)(3) of the
Code
of Ala. 1975
, that the subordinate of a
registered forester must be prepared to
demonstrate that they are under the
“direction, supervision, and responsibility
of a registered forester” by submitting a
notarized statement from the registered
forester that describes that relationship
and the time period it is in effect.
Author:
Everett Johnson, Jr.
Statutory Authority:
Code of Ala. 1975,
§34‑12‑2(b)(3).
History:
New Rule:
Filed August 9, 2006; effective
September 13, 2006.
380‑X‑6‑
.07
Offering of Standing Timber For
Sale By Owner
.It is the opinion of the Board, under Section 34‑12‑1 of the
Code of Ala. 1975
, that an offering of
standing timber for sale on behalf of the
owner of such standing timber involves the
application of forestry principles and data.
Author:
Darrell A. Gates
Statutory Authority:
Code of Ala. 1975,
§34‑12‑1.
History:
New Rule:
Filed August 9, 2006; effective
September 13, 2006.
380‑X‑6‑
.08
Arrangements for Examination
.Any individual who has a physical or mental impairment or limitation described as a disability under the Americans with Disabilities Act of 1990 (ADA)
or the ADA Amendments Acts of 2008 (ADAAA) may request special testing arrangements, each request will be evaluated individually
and accommodations will be made accordingly. Supporting documentation from licensed professionals must be received at least 30 days
prior to the exam.
Author:
Joe D Roberson
Statutory Authority:
Code of Ala. 1975,
§34‑12‑6.
History:
New Rule:
Filed August 21, 2018
Effective:
10/5/2018.
Appendix A.
Forms (click here)
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