09.29.01 - Board of Foresters - Proposed Regulations
PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 44, ISSUE 2,
FRIDAY, JANUARY 20, 2017
Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION
Subtitle 29 BOARD OF FORESTERS
09.29.01 General Regulations
Authority: Business Occupations and Professions Article, §§7-206(a)(2) and 7-304, Annotated Code of Maryland
Notice of Proposed Action
The Board of Foresters proposes to repeal existing Regulations .01—.06 and adopt new Regulations .01—.05 under COMAR 09.29.01 General Regulations. This action was considered by the Board at a public meeting held on October 17, 2016, notice of which was published on the Board’s website, pursuant to General Provisions Article §3-302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to eliminate language that duplicates existing provisions of Business Occupations and Professions Article, Title 7, Annotated Code of Maryland and regulations under COMAR 09.01.01, Department of Labor, Licensing and Regulation; and it also eliminates obsolete language and makes stylistic changes.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Dennis L. Gring, Executive Director, Board of Foresters, 500 N. Calvert Street, Third Floor, or call 410 230 6224, or email to email@example.com, or fax to 410 962-8482. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.
Final action on the proposal will be considered by the Board of Foresters during a public meeting to be held on April 10, 2017, at 10 a.m., at 500 N. Calvert Street, Third Floor, Baltimore, MD 20136.
.01 Administrative Procedures of the Board.
A. The Board shall elect its officers at its July meeting.
B. Hearings. The regulations set forth in COMAR 09.01.02 shall govern hearings before the Board.
.02 Application for Licensing.
A. Only the experience of the applicant in practicing forestry that was gained after the completion of the educational requirements under Business Occupations and Professions Article, §7-304(b), Annotated Code of Maryland shall be considered by the Board.
B. An application shall contain:
(1) Statements made under oath showing the applicant’s education, including the applicant’s official college transcript;
(2) A detailed summary of the applicant’s experience in practicing forestry that was obtained after the completion of the educational requirements under Business Occupations and Professions Article, §7-304(b), Annotated Code of Maryland; and
(3) At least five signed references to indicate endorsement of the applicant, of which three or more shall be foresters having personal or professional knowledge of the applicant’s forestry experience.
.03 Procedures Governing Licensing.
A. Seal. The seal shall be affixed on all plans, maps, reports and specifications prepared by the licensee, pursuant to the requirements of Business Occupations and Professions Article, §§7-401 and 7-402, Annotated Code of Maryland.
B. A suspended, revoked or expired license may not be displayed in any public office or place of business by any licensee in connection with the practice of forestry.
C. The Board shall issue a new license to replace any license destroyed or mutilated upon receipt by the Board of a written request.
D. A licensee may display the title “Maryland Licensed Forester” any manner consistent with the practice of forestry.
.04 Code of Professional Conduct.
A. A licensee shall advocate and practice forest management consistent with ecologically sound principles.
B. Knowledge and Skills. A licensee shall:
(1) Use knowledge and skills for the benefit of the public.
(2) Strive for accurate, current, and increasing knowledge of forestry.
(3) Communicate knowledge, when it is not confidential, and challenge and correct untrue statements about forestry.
C. Advertisements. A licensee:
(1) Shall advertise only in a dignified and truthful manner.
(2) Shall state services the licensee is qualified and prepared to perform.
(3) May include references to fees charged.
D. Public Comment. A licensee:
(1) Shall make public comment on forestry matters based upon accurate knowledge.
(2) May not distort or withhold pertinent information to substantiate a point of view.
(3) Shall indicate on whose behalf statements are made before commenting on forest policies and practices.
E. Services. A licensee:
(1) Shall perform services consistent with the highest standards of quality;
(2) Shall perform only those services for which the licensee is qualified by education or experience, or both;
(3) May not accept compensation or expenses from more than one employer for the same service unless the parties involved are informed and consent;
(4) Shall engage, or advise the licensee’s employer to engage, other experts and specialists in forestry or related fields if the employer’s interest would be best served by this action;
(5) Shall work cooperatively with other professionals;
(6) Shall give credit for the methods, ideas, or assistance obtained from others; and
(7) In competition for supplying forestry services, shall encourage the prospective employer to base selection on comparison of qualifications and negotiation of fee or salary.
F. A licensee who is asked to participate in forestry operations which deviate from accepted professional standards shall advise the employer in advance of the consequences of this deviation.
G. A licensee may not voluntarily disclose information concerning the affairs of the licensee’s employer without the employer’s express permission.
H. A licensee shall avoid conflicts of interest or even the appearance of these conflicts. If, despite this precaution, a conflict of interest is discovered, the licensee shall promptly and fully disclose the conflict to the licensee’s employer, and the licensee shall be prepared to act immediately to resolve the conflict.
I. A licensee may not, by false statements or dishonest action, injure the reputation or professional associations of another licensee.
J. Information submitted by a licensee about a candidate for a prospective position, award, or elected office shall be accurate, factual, and objective.
K. A licensee having evidence of a violation of Business Occupations and Professions Article, Title 7, Annotated Code of Maryland, or the regulations contained in this chapter, by another licensee shall present the information and complaints to the Board.
.05 Continuing Education.
A. Continuing Education Requirements.
(1) An applicant for license renewal shall complete, prior to submitting an application, a least 8 credit hours of qualifying continuing education in each 2-year license term.
(2) The continuing education requirement does not apply to the first renewal of a license by a licensee.
B. Qualifying continuing education shall be in technical forestry or forestry-related subject matter given by:
(1) The Department of Natural Resources Forest Service;
(2) The Maryland Department of Agriculture, Forest Pest Division or Soil Conservation District;
(3) The University of Maryland Extension, Natural Resources;
(4) The United States Department of Agriculture, Forest Service;
(5) The Society of American Foresters;
(6) A college or university accredited by the Society of American Foresters;
(7) A course certified by the Society of American Foresters’ Continuing Forestry Education program;
(8) The Association of Consulting Foresters;
(9) The International Society of Arboriculture; or
(10) Other continuing education approved by the Board.
C. Credit for continuing education accrues at a rate of 1 hour for:
(1) Each 50 minutes of actual classroom activity; or
(2) 3 hours of tour or field session activity.
D. A licensee, upon notification of audit of the continuing education reported on the license renewal application shall provide the following information:
(1) Name of provider;
(2) Name of course;
(3) Number of hours; and
(4) Dates attended.
(1) The Board may verify, on a random basis, satisfactory completion of the requirements of this regulation.
(2) A licensee shall retain the evidence to verify the satisfactory completion of the requirements of this regulation for a period of at least 2 years.
F. The Board may grant an additional period of time within which the deficiencies in satisfying the continuing education requirement may be corrected.
G. Continuing education hours may not be carried over from one licensing period to the next.
Board of Foresters