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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380‑X‑3‑.02    Establishing Intern Status (Repealed 9/1/08)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380‑X‑3‑.05    Examination Panel (Repealed 9/1/08)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380‑X‑3‑.10    Reporting Continuing Education Credits (Repealed 9/1/08)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

380‑X‑4‑.04    Alabama Residents Denied Reciprocity

380‑X‑4‑.05    Renewal Of Reciprocity

 

 

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)
 $130
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
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.

                                  


 



 

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. An applicant who is a resident of a state which does not have a licensing law, will not be granted reciprocity in Alabama , even though he does hold a license or licenses from another state or states.

Author: R. V. Miles, Jr.

Statutory Authority: Code of Ala. 1975 , § 34‑12‑35.

History: Filed October 1, 1982. 

 

 

 

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.

 


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)        The Board may relax or suspend the requirements of continuing education for retirees or health of the licensee based on the licensee's specific case.

 

     (8)        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.

 

     (9)        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.

 

     (10)       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.

 

     (11)       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.

 

     (12)       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.

 

     (13)       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 inservice 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.

 

     (14)       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:  Aprille B. Cook

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.

 

 

 

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)

 

 

 

 

 

Lea Anna Meadows - Executive Asst. | 513 Madison Ave | Montgomery, AL 36130 | Phone (334)240-9301 | Fax (334) 240-9387 | Email
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