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CHAPTER 310-A

PROFESSIONAL ENGINEERS, ARCHITECTS, LAND SURVEYORS,
NATURAL SCIENTISTS AND FORESTERS


FORESTERS

310-A:98 General Provisions.
I. It shall be a class B misdemeanor for any person to practice for compensation or offer
to practice for compensation in this state, the profession of forestry, as defined in this subdivi-
sion, or to use in connection with a name or otherwise assume, use, or advertise any title or
description tending to convey the impression that such person is a forester, unless such person
has been duly licensed or is exempt from licensing under the provisions of this subdivision.
II. Nothing in this subdivision, however, shall be construed as requiring any person,
business organization, state university, department or agency of any branch of government to be
licensed pursuant to this subdivision in order to practice forestry on their own lands.
III. Nothing in this subdivision shall be construed as requiring any person to be licensed
pursuant to this subdivision in order to carry out forest practices as an employee of a licensed
forester and acting under the direct supervision of such licensed forester.
IV. Nothing in this section shall be construed as requiring any person to be licensed
under this subdivision if that person is engaged in activities incidental to the practice of forestry
as defined in RSA 310-A:99, III, provided, however, that such person does not represent that the
person is a forester as defined in RSA 310-A:99, I. Such incidental activities shall include:
timber harvesting, agriculture, wildlife management, land use planning, arboriculture,
procurement of forest resources to supply concerns dependent on those forest resources, and any
other activity or occupation determined by the board to be incidental to the practice of forestry.

310-A:99 Definitions. As used in this chapter:
I. Forester means a person who practices forestry and is licensed under this
subdivision, or a person specifically exempted from licensure under RSA 310-A:98, II.
II. Forestry means the science of silviculture and the practice and art of managing and
using for human benefit forestlands and the natural resources that occur in association with
forestlands, including trees, other plants, animals, soil, water, and related air and climate.
III. Practice of forestry includes, but is not limited to, services related to a wooded area
such as consultation, investigation, evaluation, the development of management plans, timber
appraisal and the responsibility for the supervision of silviculture, utilization, protection and
other forest-related activities, consistent with all state laws applicable to the harvesting and
transport of forest products.



310-A:100 Board of Foresters; Establishment; Expenses.
I. A board of licensing for foresters is established to administer the provisions of this
subdivision. The board shall consist of 7 persons appointed by the governor and council, 4 of
whom shall be foresters as defined in RSA 310-A:99, I, and 3 public members. Of the forester
members, one shall be the director, division of forests and lands, one shall be an industrial
forester, one shall be a private forester, and one shall be a forester from the public sector. A
public member of the board shall be a person who is not, and never was, a member of the forestry
profession or the spouse of any such person, and who does not have and never has had, a material
financial interest in either the provision of forestry services or an activity directly related to
forestry. Two of the public members shall be forest landowners actively engaged in forest
management, but not otherwise connected with the forestry profession.
II. Each member of the board shall be a citizen of the united States and shall have been a
resident of this state for at least 5 years prior to appointment. Each forestry member shall have
actively practiced forestry for at least 6 years prior to appointment and shall have held a
responsible position in charge of such work for at least 2 years prior to appointment, which may
include the teaching of forestry at a recognized college or university.
III. Members shall be appointed for 5-year terms, except that no more than one appointed
member's term may expire in any one calendar year. Appointments for terms of less than 5 years
may be made in order to comply with this limitation. No appointed member shall be eligible to
serve more than 2 full consecutive terms, provided that for this purpose only a period actually
served which exceeds 1/2 of the 5-year term shall be deemed a full term. Upon expiration of a
member's term, the member shall serve until a successor is qualified and appointed. The
successor's term shall be 5 years from the date of expiration of the predecessor's appointment,
regardless of the date of the successor's appointment. Vacancies occurring prior to the expiration
of a specific term shall be filled by appointment for the unexpired term. A board member may
be removed for cause by the governor and council under RSA 4:1.
IV. Members of the board shall be reimbursed for mileage at the state employee rate.
V. The board shall hold at least 3 regular meetings each year and special meetings at
such times as it may deem necessary. Notice of all meetings shall be given in such a manner as
rules adopted by the board may provide. The board shall biennially elect or appoint a
chairperson, vice-chairperson, and secretary. Four member shall constitute a quorum.
VI. (a) The board shall adopt an official seal.
(b) The board shall keep a true record of its proceedings and a register of all
applications for licensure, which shall show:
(1) The name, age, and residence of each applicant.
(2) The date of application.
(3) The place of business of such applicant.
(4) The applicant's educational and other qualifications.
(5) Whether or not an examination was required.
(6) Whether the applicant was rejected and the reasons for such rejection.
(7) Whether a license was granted.
(8) The date of the action of the board.
(9) Such other information as may be deemed necessary by the board.
(c) The records of the board shall be prima facie evidence of the proceedings of the
board, and a transcript of such records certified by the secretary of the board under seal shall be
admissible in evidence with the same force and effect as if the original were produced.
Biennially, as of December 31 of each even-numbered year, the board shall submit to the gov-
ernor a report of the transactions of the preceding biennium, and a complete statement of the
receipts and expenditures of the board.
VII. The secretary of the board shall publish a roster listing the names and places of
business of all foresters licensed under this subdivision by the board secretary during February of
each even-numbered year. Copies of this roster shall be mailed to each licensed forester upon
request, placed on file with the secretary of state, and furnished to the public upon request at a
fee to be established by the board.

310-A:101 Procedures. The records of the board shall be prima facie evidence of the
proceedings of the board, and a transcript of such records certified by the secretary of the board
under seal shall be admissible in evidence with the same force and effect as if the original were
produced. The board shall have the power to subpoena witnesses and compel, by subpoena
duces tecum, the production of books, papers, and documents in its investigation of complaints
under this subdivision. Any member of the board may administer oaths or affirmations to
witnesses appearing before the board. Such subpoenas issued by the board shall have the same
effect as though issued for appearance before the superior court.

310-A:102 Rulemaking. Pursuant to RSA 541-A, the board shall make rules reasonably
necessary for the proper performance of its duties and the conduct of the proceedings brought
before it, so long as such rules do not conflict with the constitution and laws of the State of New
Hampshire. Such rulemaking authority includes, but is not limited to:
I. Application procedure for obtaining a license under this subdivision.
II. Qualifications of applicants in addition to those requirements already set forth,
including satisfactory evidence of good professional character.
III. Examination procedures, including time and place of examination.
IV. Renewal procedures, including requirements for continuing education.
V. Establishment of fees to cover the cost of administering this subdivision.
VI. Ethical and professional standards to be met by each license holder under this
subdivision and the manner in which disciplinary actions by the board shall be implemented for
violations of these standards.
VII. Rules necessary to implement the provisions of RSA 310-A:98, IV.
VIII. Establishment of administrative fines for violation of this subdivision.

310-A:103 Disclosure. To ensure compliance with ethical standards established by the board,
under RSA 310-A:102, VI, when dealing with the public, foresters shall:
I. Identify clearly themselves, their employer, and in whose interest they are working.
II. Disclose fully any financial or purchase interest they or their employer may have in the
land or timber which they are working.
III. Disclose fully all direct or indirect costs or obligations of services provided, including
hourly or daily rates and commissions, as well as exclusive contracts to sell forest products to
certain individuals or firms.
IV. Provide complete services requested by landowners or disclose clearly that such
services cannot be provided.

310-A:104 Qualifications for License. Applicants for licensure as foresters shall qualify under
one of the following categories:
I. Possession of a 4-year forestry degree and 2 years experience of a nature satisfactory to
the board. The board may require an applicant to pass an oral or written examination, or other-
wise meet the approval of the board.
II. Possession of a 2-year forestry degree and 4 years experience of a nature satisfactory
to the board. The board may require an applicant to pass an oral or written examination, or
otherwise meet the approval of the board.
III. Possession of a 4-year degree in a related field and 4 years experience of a nature
satisfactory to the board. The board may require an applicant to pass an oral or written
examination, or otherwise meet the approval of the board.
IV. Possession of a 2-year degree in a related field and 6 years experience of a nature
satisfactory to the board. The board may require an applicant to pass an oral or written examina-
tion, or otherwise meet the approval of the board.
V. There shall be no minimum education requirement for licensure as a forester for applicants who have 8 years of experience within the last 10 years of a nature satisfactory to the board. The applicant shall be required to pass an oral or written exam, or otherwise meet the approval of the board.
Section V. effective 7/23/96


310-A:105 Applications; Fees. Applications for licensing shall be made on forms prescribed
and furnished by the board, and shall contain statements made under oath as to citizenship,
residence, the applicant's education, a detailed summary of the applicant's technical experience,
and shall contain the names of not less than 5 references, 3 or more of whom shall be individuals
having personal or professional knowledge of the applicant's forestry experience The fee for a
license as a forester shall be fixed by the board. One-half of the fee shall accompany the applica-
tion, the balance to be paid before the issuance of the license. Should the applicant fail to remit
the remaining balance within 30 days after being notified by certified mail, return receipt
requested, that the application has been accepted, the applicant shall forfeit the right to have the
license issued and the applicant may be required to again submit an original application and pay
an original fee on such application. Should the board deny the issuance of a license to any
applicant, the fee deposited shall be retained by the board as an application fee.

310-A: 106 Examination; Re-examination; Fee. Written and oral examinaitons shall be at
such time and place as the board may determine. The methods and procedure shall be prescribed
by the board. A candidate failing an examinaiton may apply for re-examinaiton at the expiration
of 6 months and shall be entitled to one re-examination without payment of an additional fee.
Subsequent re-examinations may be granted upon payment of a fee to the fixed by the board.

310-A:107 Issuance of License; Endorsement of Documents. The board shall issue a license
upon payment of the fee as provided in this subdivision to any applicant, who, in the opinion of
the board, has satisfactorily met all the requirements of this subdivision. Licenses shall show the
full name of the licensee, shall have a serial number, and shall be signed by the chairperson and
secretary under the seal of the board. The issuance of a license by the board shall be evidence
that the person named in the license is entitled to all rights and privileges of a licensed forester
while such license remains unrevoked or unexpired. Plans, maps, and reports issued by the
licensee shall be endorsed with the licensee's name and license number during the life of the
license. It shall be a class B misdemeanor for anyone to endorse any document with such name
and license number after the license of the named licensee has expired or has been revoked,
unless said license has been renewed or reissued. It shall be a class B misdemeanor for any
licensed forester to endorse any plan, map or report unless the licensed forester shall have
actually prepared such plan, map or report, or shall have been in the actual charge of the
preparation of the same.

310-A:108 Expiration. All licenses shall expire at 12:01 a.m. on January 1, biennially.

310-A:109 License Renewal. Licenses may be renewed by written application prior to the
expiration date and by payment of the prescribed renewal fee. The secretary shall notify each
forester one month prior to the expiration of such certificate. The applicant shall submit proof of
completion of 20 hours of continuing education approved by the board at the time of license
renewal, together with a record of any legal action brought against the applicant for services as a
forester.

310-A:110 Failure to Renew. Failure to remit the biennial renewal fee when due or failure to
submit proof of required continuing education shall automatically cancel the license. If properly
renewed, a license shall remain in effect continuously from the date of issuance, unless
suspended or revoked by the board for just cause. A person whose license is canceled for such
failure may reinstate such license by paying, within one year of cancellation, all fees due, plus a
late fee as established by the board, provided continuing education requirements have been met.

310-A:111 Reciprocity. Reciprocity shall be granted to foresters from states whose
requirements, in the judgment of the board, are comparable to the requirements of this
subdivision.

310-A:112 Disciplinary Action.
I. The board may undertake disciplinary proceedings:
(a) Upon its own initiative; or
(b) Upon written complaint of any person which charges that a person licensed by
the board has committed misconduct under paragraph II, and which specifies the
grounds for such complaint. The board may utilize the services of the county
extension forester in any preliminary gathering of related information.
II. Misconduct sufficient to support disciplinary proceedings under this section shall
include:
(a) The practice of fraud or deceit in procuring or attempting to procure a license
to practice under this subdivision.
(b) Conviction of a felony or any offense involving moral turpitude.
(c) Any unprofessional conduct, or conduct unworthy of, and affecting the
practice of forestry.
(d) Unfitness or incompetency by reason of negligent habits or other causes; or
negligent or willful acts performed in a manner inconsistent with the interests of
persons relying on the professional expertise of the forester.
(e) Mental or physical incompetency to practice under this subdivision.
(f) Willful or repeated violation of the provisions of this subdivision.
(g) Suspension or revocation of a license, issued in another jurisdiction and
similar to one issued under this subdivision, which was not reinstated.
III. The board may take disciplinary action in any one or more of the following ways and
notice of such action shall be provided to newspapers of general circulation in the area in which
the licensee practices:
(a) By reprimand.
(b) By suspension, limitation, or restriction of a license for a period of up to 5
years.
(c) By revocation of a license.
(d) By requiring the person to participate in a program of continuing education in
the area or areas in which the person has been found deficient.

310-A:113 Hearings. The board shall take no disciplinary action without a hearing. At least 14
days prior to a hearing, all parties to a disciplinary proceeding shall be served, either personally
or by certified mail, return receipt requested, with a written copy of the complaint filed and
notice of the time and place for hearing. All complaints shall be objectively received and fairly
heard by the board, but no complaint shall be acted upon unless in writing. A hearing shall be
held on all written complaints received by the board within 3 months of the date of notice of a
complaint received by the licensee, unless otherwise agreed to by the parties. Written notice by
the disciplinary decisions made by the board shall be given to both parties to the proceeding
upon their issuance. Orders of the board shall be subject to rehearing and appeal in the manner
prescribed by RSA 541.

310-A:113-a Additional Powers; Subpoenas. The board shall have the power to subpoena witnesses and compel, by subpoena duces tecum, the production of books, papers, and documents in a case involving the suspension or revocation of licensure. Any member of the board may administer oaths or affirmations to witnesses appearing before the board.
Section 310-A:113-a effective 7/23/96

310-A:114 Violations; Penalty. Any person who practices or offers to practice forestry in this
state for others without a license in accordance with this subdivision, or any person presenting or
attempting to use the license or seal of another, or any person who gives any false or forged
evidence of any kind to the board or to any board member in obtaining or attempting to obtain a
license, or any person who falsely impersonates any other licensed forester, or any person who
attempts to use an expired or nonexistent or revoked license, or any person who violates any of
the provisions of this subdivision, shall be guilty of a class B misdemeanor if a natural person, or
guilty of a felony if any other person. The board may also impose administrative fines for violations of this subdivision in accordance with rules adopted under RSA 310-A:102, VIII which shall not exceed $2,000 per offense, or in the case of a continuing offense, $250.00 for each day the violation continues.
revisions to Section 310-A:114 effective 1/1/97

310-A:115 Restraint of Violations. The superior court shall have jurisdiction in equity to
restrain violations of this subdivision on proceedings brought by the attorney general, the board,
or any society of licensed foresters duly incorporated under the laws of this state.

310-A:116 Administrative Costs. The fees established by the board under this subdivision
shall be sufficient to produce estimated revenues equal to 125 percent of the estimated direct
operating expenses of the board pursuant to RSA 332-G:2.

310-A:117 Real Estate Broker or Appraiser Credentials Not Necessary. Notwithstanding
any other provision of law, foresters licensed under this subdivision shall not be required to be
licensed, certified, or registered under RSA 331-A or as real estate appraisers.




INDEX FORESTERS LICENSING LAW

RSA
310-A:98 General Provisions
310-A:99 Definitions
310-A:100 Board of Foresters; Establishment; Expenses
310-A:101 Procedures
310-A:102 Rulemaking
310-A:103 Disclosure
310-A:104 Qualifications for License
310-A:105 Applications; Fees
310-A:106 Examination; Re-examination; Fee
310-A:107 Issuance of license; Endorsement of Documents
310-A:108 Expiration
310-A:109 License Renewal
310-A:110 Failure to Renew
310-A:111 Reciprocity
310-A:112 Disciplinary Action
310-A:113 Hearings
310-A:114 Violations; Penalty
310-A:115 Restraint of Violations
310-A:116 Administrative Costs
310-A:117 Real Estate Broker or Appraiser Credentials Not Necessary
These laws are made available to the public by the
New Hampshire Joint Board of Licensure and Certification
57 Regional Drive
Concord, New Hampshire 03301
(603) 271-2219
[ Joint Board Home Page ]
May 1996.