Subchapter 2.
The Arkansas State board of Registration for
Foresters
17-31-2
01.
Creation - Selection and compensation of
members.
(a) The Arkansas
State Board of Registration for Foresters is created to administer the
provisions of this chapter.
(b)
(1) The board shall consist of six
(6 ) members appointed by the
Governor, with the advice and consent of the Senate. Each member shall be a
citizen of the United States of America and a registered voter and resident of
the State of Arkansas.
(2)
(A) Five (5) members of the board shall be
foresters who have the qualifications required for registration under §
17-31-302
and who have been engaged in forestry for at least twelve (12) years. Each
member of the board appointed hereunder shall be registered and certified under
this chapter.
(B)
(i) One (1) member shall be selected from the
forest products industry;
(ii) One
(1) member shall be selected from the Arkansas Forestry Commission;
(iii) One (1) member shall be selected from
an agency of the United States Government;
(iv) One (1) member shall be selected from
the staff of the school of forestry; and
(v) One (1) member shall be selected from
private forestry consultants.
(C) At least one (1) member shall be a
graduate of an approved forestry school within the State of Arkansas.
(3) One (1) member of the board
shall not be actively engaged in or retired from the forestry profession. That
member shall represent consumers. He or she shall be appointed from the state
at large subject to confirmation by the Senate and shall be a full voting
member but shall not participate in the grading of examinations.
(c)
(1) Appointments shall be for a term of five
(5) years or, in the event of vacancies, for the period of the unexpired term
of the vacancy being filled.
(2)
The chairman of the Arkansas Division, Ouachita Society of American Foresters,
duly authorized and acting on behalf of the Arkansas division, shall make
nominations described in subdivision (b)(2) of this section within thirty (30)
days from the receipt of notice from any person of the occurrence of a vacancy
on the board.
(d) Each
member of the board shall receive a certificate of appointment from the
Governor and before beginning the term of office shall file with the Secretary
of State a written oath or affirmation relative to the faithful discharge of
the official duty.
(e) Each member
of the board may receive expense reimbursement and stipends in accordance with
§
25-16-901
et seq.
History. Acts 1969, No. 535, §§ 4-6; 1971,
No. 122, § 1; 1977, No. 113, §§ 1-3; 1981, No. 717, § 2;
A.S.A. 1947, §§ 6-617 - 6-619, 71-2404 - 71-2406; Acts 1997, No. 250,
§
139; 1999, No. 993, §
5
17-31-202.
Removal of
members.
(a) The Governor
may remove any member of the Arkansas State Board of Registration for Foresters
for misconduct, incompetency, or neglect of duty.
(b) Before the Governor can remove a member
for cause, he or she must serve the member with a written notice of the charge
or charges against him or her and afford him or her an opportunity to be heard
publicly on such charge or charges.
(c)
(1) If
the member thus served does not request a public hearing within ten (10) days
from being served, the Governor may proceed with the member's
removal.
(2) If the member does
request a public hearing, it shall be heard by a special committee composed of
three (3) persons, not members of the board, namely:
(A) The Chief Justice of the Arkansas Supreme
Court or a substitute selected by the Chief Justice, who shall be the
chair;
(B) The chair of the
Arkansas Division, Ouachita Society of American Foresters; and
(C) A faculty member selected by the Arkansas
Division, Ouachita Society of American Foresters from the school or departments
of forestry in Arkansas.
(d) The recommendation or decision of this
committee shall be binding upon the Governor.
(e) A copy of the charge or charges, a
transcript of the record of the hearing, and a copy of the recommendation shall
be filed with the Secretary of State.
(f) If a board member is removed, his or her
vacancy shall be filled for the unexpired term by appointment by the Governor
as provided in §
17-31-201.
History. Acts 1969, No. 535, § 7; A.S.A. 1947,
§
71 -2407; Acts 1999, No. 993,
§
6.
17-31-203.
Organization
and Proceedings.
(a) The
Arkansas State Board of Registration for Foresters shall elect annually from
its membership the following officers:
(1) A
chair;
(2) A vice chair;
and
(3) A secretary.
(b) A quorum of the board shall
consist of not fewer than three (3) members, and no action shall be official
without at least three (3) votes in accord.
(c) The board shall hold at least two (2)
regular meetings each year. Special meetings shall be held at such time and
place as shall be specified by call of the chair or the secretary. Notice of
all meetings shall be given in writing to each member by the
secretary.
(d) The board shall be
domiciled and maintain its principal office in Little Rock and shall hold its
meetings in its principal office, unless the chair finds a necessary reason for
meeting elsewhere in the state.
History.Acts 1969, No. 535, §
8; A.S.A. 1947, §
71 -2408; Acts 1999, No. 993,
§
7.
17-31-204.
Powers.
(a) The Arkansas
State Board of Registration for Foresters shall have the power to make, adopt,
alter, amend, and promulgate all bylaws and rules consistent with the
Constitution and laws of this state, which may be reasonably necessary for the
proper performance of its duties and the regulation of the proceedings before
it.
(b) The board shall adopt and
have an official seal.
(c) Each
member of the board shall have power to administer oaths. The board shall have
power to subpoena witnesses and compel the production of books and papers
pertinent to any investigation or hearing authorized by this chapter. Any
employee of the board engaged in making any investigation shall have the power
to administer oaths to and take depositions of persons pertaining to any
investigation. The board may require any law enforcement officer of any state
agency, the sheriffs of the various counties, or other law enforcement officers
of any county or municipality to serve subpoenas and other process of the
board. When county, municipal, or other local officers are required to serve
subpoenas or other process of the board, they shall be paid the same fees by
the board as are provided by laws for similar services under process issued by
circuit courts.
(d) If any person
shall refuse to testify or produce any books, papers, or documents, the board
may proceed by rule, in the circuit court of the county where the person is
domiciled or is engaged in business, to have the person adjudged guilty of
contempt. In the event the rule is made absolute, the circuit court shall
punish the person for contempt of court. The person shall be permitted to purge
himself or herself of contempt by compliance with such order as the court may
render.
History. Acts 19
69, No. 535, § 9; A.S.A. 1947, §
71 -2409.
17-31-205.
Staff and employees.
The Arkansas State Board of Registration for Foresters may
appoint or employ an assistant secretary, executive secretary, treasurer, or
other officers or employees who are not members of the board or of their
immediate families, to whom clerical and administrative duties may be assigned
and whose compensation shall be fixed by the board.
History. Acts 1969, No. 535, §
8; A.S.A. 1947, §
71 -2408.
17-31-206.
Compensation of
witnesses.
(a) The
Arkansas State Board of Registration for Foresters, if it deems necessary or
upon advice of the Attorney General, may hire counsel and investigators and pay
traveling expenses thereof for the investigation and prosecution of any
violator of this chapter.
(b) At
its discretion, the board may pay any witness subpoenaed to appear before the
board twenty-five dollars ($25.00) per diem when actually in attendance,
including time spent in traveling not to exceed one (1) day to and one (1) day
from the location of the board meeting. In addition, the board may reimburse
any witness for actual traveling expenses when furnished proof of such
expenses, including hotel or motel expenses, when the witness resides in a
county other than the one in which the board is meeting.
History. Acts 1969, No. 535, §
10; A.S.A. 1947, §
71 -2410.
17-31-207.
Records and reports.
(a)
The Arkansas State Board of Registration for Foresters shall keep a record of
its proceedings and a register of all applications. The register shall show:
(1) The name, age, and residence of each
applicant;
(2) The date of the
application;
(3) The place of
business of such an applicant;
(4)
His or her education and other qualifications;
(5) Whether or not an examination was
required
(6) Whether the applicant
was rejected;
(7) Whether a
certificate of registration was granted;
(8) The date of action of the board;
and
(9) Such other information as
may be deemed necessary by the board.
(b) A roster showing the names and places of
business of all foresters registered under this chapter shall be published by
the secretary of the board during the month of April each year. Copies of this
roster shall be mailed to each person so registered, placed on file with the
Secretary of State, and furnished to the public on request.
(c) The records of the board shall be prima
facie evidence of the proceedings of the board.
(d) A transcript of the records of the board,
certified by the secretary of the board under seal, shall be admissible in
evidence with the same force and effect as if the originals were
produced.
(e) The board shall
submit to the Governor an annual report of its transactions of the preceding
year by April 1 and shall also transmit to the Governor a duly certified audit
and financial statement prepared by a certified public accountant showing
receipts and expenditures of the board.
History. Acts 1969, No. 535, §§
11,
12; A.S.A. 1947, §§
71 -2411, 71-2412.
17-31-208.
Disposition of funds.
(a)
(1) The
Secretary of the Arkansas State Board of Registration for Foresters shall
receive, disburse, and account for all income paid to or received by the
board.
(2) The secretary shall
institute a system of books and financial records satisfactory to the Director
of the Department of Finance and Administration.
(3)
(A) The
secretary shall open an account in a bank in this state designated by the board
as its official depository.
(B) The
secretary and one (1) other officer of the board shall both sign all checks
disbursing funds of the board.
(C)
The secretary shall deposit all funds of the board which he or she receives in
the bank designated as the official depository within forty-eight (48) hours,
excluding holidays and Sundays, after he or she receives the funds.
(b) All fines collected
for the violation of any provisions of this chapter shall be paid over to the
board to be used by it in the same manner as funds received for the issuance of
licenses.
(c) Under no
circumstances shall the total amount of warrants issued by the board in payment
of the expenses and compensation provided for in this chapter exceed the amount
of the application, registration, and other fees collected as herein
provided.
(d) Any surplus funds at
the end of the fiscal year may be retained by the board for future
expenditures, and the board shall not be required to pay any surplus into the
General Revenue Fund Account of the State Apportionment Fund.
History. Acts 1969, No. 535, §§
10,
22; A.S.A. 1947, §§
71-2
410, 71-2 422; Acts 1997, No. 296, §
2.
Subchapter
3.
Certificate of
Registration
17-31-301.
Requirement - Exemptions.
(a) Any person using in connection with the
person's name or otherwise assuming, using, or advertising any title or
description tending to convey the impression that the person is a forester
engaged in the practice of forestry on private lands shall be registered as
provided in this subchapter.
(b)
All foresters are eligible to apply for registration. However, nothing in this
chapter shall be construed as requiring:
(1)
Any person, employee of a firm, partnership, corporation, or department or
agency of any branch of the government to be registered pursuant to this
chapter in order to practice forestry on the person's or its own lands or
manage the person's or its own timberlands, woodlands, or forests or to
supervise the removal of any products therefrom; or
(2) Any person to be registered pursuant to
this chapter in order to perform duties as an employee of a registered forester
acting under the supervision of the registered forester. (c) Certificates of
registration shall be issued only to individuals. No firm, company,
partnership, or corporation may be registered under this chapter.
History. Acts 1969, No. 535, §§ 2,
18; A.S.A. 1947, §§
71 -2402, 71-2418; Acts 1999, No. 993, §
8.
17-31-302.
Qualifications
Effective January 1, 2001, the following shall be considered as
minimum evidence satisfactory to the Arkansas State Board of Registration for
Foresters that an applicant is qualified to be registered as a forester:
(1) A bachelor's or advanced degree in
forestry from a college or university program accredited by the Society of
American Foresters. The written examination on basic forestry subjects
administered by the board shall be passed with a score of at least seventy
percent (70%);
(2) A bachelor's or
advanced degree in forestry from a college or university program not accredited
by the Society of American Foresters and, subject to graduation, three (3)
years or more experience in forestry work of a nature satisfactory to the
board. The written examination on basic forestry subjects administered by the
board shall be passed with a score of at least seventy percent (70%);
(3) A bachelor's degree in a natural
resources-related field from a college or university program, including, but
not limited to, wildlife management, with at least twenty (20) semester hours
of forestry courses approved by the board and, subsequent to graduation, three
(3) years' or more experience in forestry work of a nature satisfactory to the
board. The written examination on basic forestry subjects administered by the
board shall be passed with a score of at least seventy percent (70%);
(4) A bachelor's degree not related to
natural resources from a college or university program and, subsequent to
graduation, six (6) years' or more experience in forestry work of a nature
satisfactory to the board. The written examination on basic forestry subjects
administered by the board shall be passed with a score of at least seventy
percent (70%); and
(5) A two-year
associate's degree in forestry from a community college or junior college and,
subsequent to graduation, six (6) years' or more experience in forestry work of
a nature satisfactory to the board. The written examination on basic forestry
subjects administered by the board shall be passed with a score of at least
seventy percent (70%).
History. Acts 1969, No. 535, §
13;
1 973, No. 245, § 1; A.S.A.
1947, §
71 -2413; Acts 19 99, No. 993, § 9.
17-31-303.
Application for registration.
(a) Application for registration shall:
(1) Be on forms prescribed and furnished by
the Arkansas State Board of Registration for Foresters;
(2) Contain statements under oath giving a
detailed summary of the applicant's education and technical experience;
and
(3) Contain the names and
addresses of not fewer than five (5) references, of whom three (3) or more
shall be foresters who have personal or professional knowledge of the
applicant's forestry experience or his or her character and ability. Not more
than one (1) such reference may come from persons employed by the same firm or
individual as that of the applicant, and not more than one (1) reference may
come from personnel of the school or college attended by the
applicant.
(b) The
amount of the application fee and the registration fee shall be set annually by
the board.
(c) No person shall be
eligible for registration as a forester who is not of good character and
reputation.
History. Acts 1969, No. 535, §
14; 1971, No. 12 2, § 2; A.S.A. 1947,
§
71 -2414; Acts 1999, No. 993,
§
10.
17-31-304.
Examinations.
(a) When
written examinations are required, they shall be held at such times and places
as the Arkansas State Board of Registration for Foresters shall
determine.
(b) The scope of the
examinations and the methods of procedure shall be prescribed by the
board.
(c) A candidate who fails an
examination may apply for another examination at the expiration of six (6)
months from the date of failure of the prior examination.
(d) Subsequent examinations will be granted
only upon payment of the prescribed fee.
History. Acts 1969, No. 535, §
15; A.S.A. 1947, §
71 -2415.
17-31-305.
Issuance - Form - Evidence.
(a) The Arkansas State Board of Registration
for Foresters shall issue a certificate of registration upon payment of a
registration fee as provided for in this chapter to any applicant who, in the
opinion of the board, has satisfactorily met all of the requirements of this
chapter.
(b) The certificate shall
show the full name of the registrant, shall have a serial number, and shall be
signed by the chair and the secretary of the board under the seal of the
board.
(c) The issuance of a
certificate of registration by the board shall be prima facie evidence that the
person named therein is entitled to all the rights and privileges of a
registered forester while the certificate remains un-revoked or unexpired.
History. Acts 1969, No. 535, §
16; A.S.A. 1947, §
71 -2416.
17-31-306.
Seal - Unlawful
use.
(a) Each registrant
may obtain a seal of a design authorized by the Arkansas State Board of
Registration for Foresters, bearing the registrant's name, serial number, and
the legend "Registered Forester, Arkansas." All registrants engaged in the
practice of forestry, either in a private professional practice or as an
employee of an agency of the government or of a corporation, company,
partnership, individual, or other private employer, shall endorse with his or
her name and impress with his or her seal all plans, specifications, maps,
reports, or documents which he or she prepares or which shall be prepared under
his or her supervision.
(b) Anyone
who endorses his or her name or impresses his or her seal upon any document,
after the certificate of registration of the registrant named thereon has
expired or has been revoked, shall be charged with a misdemeanor unless his or
her certificate has been renewed or reissued.
History. Acts 1969, No. 535, § 16; A.S.A. 1947,
§
71 -2416.
17-31-307.
Expiration and renewal.
(a) Certificates of registration shall expire
on December 31 of the year for which issued or renewed and shall become invalid
thereafter unless renewed.
(b) The
Secretary of the Arkansas State Board of Registration for Foresters shall
notify by letter to the last known address every person registered under this
chapter of the date of the expiration of the certificate and the amount of the
fee required for its renewal of one (1) year. Notice shall be mailed at least
one (1) month in advance of the date of the expiration of such a
certificate.
(c)
(1) The board shall require persons who are
licensed under this subchapter to complete not fewer than six (6) hours of
continuing forestry education during the previous year beginning January 1,
2001, as a condition of license renewal. Continuing forestry education shall be
equivalent to the Society of American Foresters Category I for continuing
forestry education which includes, but is not limited to, seminars, short
courses, and workshops in forestry or a related subject matter as approved by
the board.
(2) Credit accrues at a
rate of one (1) hour for each hour of actual contact. Three (3) hours of tours
or field sessions equal one (1) contact hour.
(3) The board may approve continuing forestry
education courses offered by professional organizations, institutions of higher
learning, qualified individuals, or specialty societies. The board may approve
credit hours for meetings, presentations, or other activities considered by the
board to be a form of continuing forestry education.
(4) A successful applicant for licensure
under this subchapter shall have two (2) years from the date the license is
issued to complete the first six (6) hours of continuing forestry education.
After two (2) years, the registered forester shall complete the continuing
forestry education requirements as required by this subsection.
(d) The board may waive the
continuing forestry education requirements in cases of hardship, illness, or
retirement from active forestry practice.
(e) The board may promulgate rules and
regulations to ensure compliance with the requirements of this
section.
(f) Renewal of a
certificate of registration shall be for an annual fee set annually by the
board.
(g) The failure on the part
of any registrant to renew the certificate annually in the month of December as
required in this section shall not deprive the person of the right of renewal,
but the fee to be paid for the renewal of a certificate after December 31 shall
be increased ten percent (10%) for each month or fraction of a month that
payment of renewal is delayed. However, the maximum fee for delayed renewal
shall not exceed twice the annual renewal fee.
History. Acts 1969, No. 535, § 17;
1971, No. 122, § 3; A.S.A.
1947, § 71-2417; Acts 1999, No. 993, §
11.
17-31-308.
Reciprocity.
Upon application therefor and the payment of a fee set by the
Arkansas State Board of Registration for Foresters, the board may issue a
certificate of registration as a registered forester in Arkansas to any
qualified person of any state of the United States or its possessions, or
Canada, provided that:
(1) The person
is a legally registered forester or the equivalent in the person's own state or
province and has submitted evidence satisfactory to the board that the person
is so registered and that the requirements therein are substantially equivalent
to the requirements of registration under this chapter; and
(2) The state in which the person is so
registered will accept the certificates of registration issued by the board on
a reciprocal basis.
History. Acts
19 69, No. 535, § 19; A.S.A.
1947, §
71 -2419; Acts 1999, No. 993,
§
12.
17-31-309.
Revocation -
Grounds - Proceedings.
(a) The Arkansas State Board of Registration
for Foresters may receive and investigate complaints against registered
foresters and make findings thereon.
(b) The board may revoke the certificate of
any registered forester who has been convicted of a felony or who is found
guilty by the board of any fraud, deceit, gross negligence, misrepresentation,
willful violation of contract, misconduct, or gross incompetence. The board
shall investigate such charges.
(c)
All charges, unless dismissed by the board as unfounded or trivial, shall be
heard by the board within three (3) months after the date on which they are
presented to the board.
(d) Before
the board shall revoke the certificate of any registered forester, the board
shall conduct a hearing, the time and place for which shall be fixed by the
board. A copy of the charges, together with a notice of the time and place of
hearing, shall be personally served on or mailed by registered letter to the
last known address of the registered forester at least thirty (30) days before
the date fixed for the hearing.
(e)
At any hearing, the accused registered forester shall have the right to appear
personally and, by counsel, to cross-examine witnesses appearing against him
and her and to produce evidence and witnesses in his or her own
defense.
(f) A written record,
including the testimony of all witnesses, shall be made and filed by the
secretary.
(g) If the accused
registered forester is found guilty of the charges made against him or her, the
board shall revoke his or her certificate of registration.
(h) A registered forester whose certificate
of registration has been revoked may apply for a review of the proceedings of
the board by any court of competent jurisdiction within sixty (60) days
following the action of the board. The petition to the circuit court shall set
out in detail what adverse action of the board was erroneous. After citation of
the board as provided by law and full hearing, the court shall make such decree
sustaining or reversing the action of the board as may seem just and proper.
History. Acts 1969, No. 535, §
20; A.S.A. 1947, §
71 -2420.
17-31-310.
Re-issuance.
(a) A new
certificate of registration to replace any revoked, lost, destroyed, or
mutilated certificate may be issued, subject to the rules of the Arkansas State
Board of Registration for Foresters, and for a charge fixed by the
board.
(b) The board may also
reissue a certificate of registration to any person whose certificate has been
revoked if:
(1) Four (4) or more members of
the board vote in favor of re-issuance; and
(2) The person presents satisfactory
assurances that the grounds which caused the certificate to be revoked will not
occur again and that the person is otherwise qualified to be registered
hereunder.
History. Acts 1969, No. 535, §
21; A.S.A. 1947, §
71 -2421.
----------
ARKANSAS
REGISTERED FORESTERS
CODE OF ETHICS
The applicant agrees to conform to the following rules of
professional conduct:
1. He will
advertise only in a dignified manner, setting forth in truthful and factual
statements the services he is prepared to render for his prospective clients
and for the public.
2. He will
strive for correct and increasing knowledge of forestry and the dissemination
of this knowledge, and will discourage and condemn the spreading of untrue,
unfair, and exaggerated statements concerning forestry.
3. When serving as an expert witness on
forestry matters, in a public or private fact-finding proceeding, he will base
his testimony on adequate knowledge of the subject matter, and render his
opinion on his own honest convictions.
4. He will refrain from expressing publicly
an opinion on a technical subject unless he is informed as to the facts
relating thereto, and will not distort or withhold data of a substantial or
other nature for the purpose of substantiating a point of view.
5. He will not voluntarily disclose
information concerning his business affairs of his employers, principals, or
clients, which they desire to keep confidential, unless express permission is
first obtained.
6. He will not,
without the full knowledge and consent of his client or employer, have an
interest in any business which may influence his judgment in regard to the work
for which he is engaged.
7. He will
not, for the same service, accept compensation of any kind, other than from his
client, principal, or employer, with full disclosure, knowledge, and consent of
all parties concerned.
8. He will
engage, or advise his client or employer to engage, other experts and
specialist in forestry and related fields when ever the client's or employer's
interest would be best served by such actions, and will cooperate freely with
them in their work.
9. He will aid
in safeguarding against the registration of persons disqualified because of
lack of good moral character or of adequate training.
10. If he has substantial and convincing
evidence of unprofessional conduct of a registered forester, he will present
the information to the State Board of Registration for
Foresters.