PART Fors 501  ETHICAL STANDARDS/PROFESSIONAL CONDUCT

                  Section Fors 501.01  Purpose and Scope

                  Section Fors 501.02  Obligation To Obey

                  Section Fors 501.03  Standards of Conduct

          PART Fors 502  VOLUNTARY LICENSE SURRENDER

                  Section Fors 502.01  Procedure for Surrendering a License

                  Section Fors 502.02  Effect of Voluntary License Surrender

                  Section Fors 502.03  Voluntary Surrender When Misconduct Allegations are Pending

CHAPTER FORS 100 DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION

PART FORS 101 PURPOSE AND SCOPE

Fors 101.01 Purpose and Scope. The rules of this title implement the statutory responsibilities of the New Hampshire Board of Licensure for foresters created by RSA 310-A: 100 and shall be binding upon every licensed forester and person practicing forestry for compensation.

PART FORS 102 DEFINITIONS

Fors 102.01 Terms Used. As used in these rules, the following terms shall have the meanings indicated:

    (a) "Practice of Forestry", pursuant to RSA 310-A:99, III, 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."

    (b) "Board" means the New Hampshire board of licensure for foresters created by RSA 310-A:100.

    (c) "Board administrator" means the board’s staff director, a person with delegated authority to perform administrative and clerical functions for the board.

PART FORS 103 BOARD ORGANIZATION

Fors. 103.01 Duties and Responsibilities The board shall administer the provisions of RSA 310-A:98-117 which include but are not limited to:

    (a) Establishing and maintaining a high standard of integrity, skills and practice in the profession of forestry;

    (b) Administering the application procedure for obtaining a license;

    (c) Evaluating qualifications of applicants;

    (d) Administering examination procedures;

    (e) Administering renewal procedures and continuing education requirements; and

    (f) Establishing ethical and professional standards; and

    (g) Implement disciplinary actions.

Fors 103.02 Composition of the Board. The board shall consist of 4 Forester members and 3 public members who meet the eligibility requirements of RSA 310-A:100.

Fors 103.03 Election of Officers. Biennially, the board shall elect or appoint a chairperson, vice-chairperson and secretary at the first meeting of the board in a calendar year.

Fors 103.04 Secretary. The secretary shall oversee the performance of the board’s recordkeeping activities with the assistance of the board’s administrator.

Fors 103.05 The Chairperson and Vice Chairperson. The chairperson shall preside at all meetings. In the absence of the chairperson, the vice-chairperson shall preside.

Fors 103.05    The Chairperson and Vice Chairperson.  The chairperson shall preside at all meetings. In the absence
of the chairperson, the vice-chairperson shall preside.

            Fors 103.06    Staff. The board shall designate a board  administrator and such other staff
members as are necessary to perform the record-keeping and other statutory functions of the board
and to oversee the board’s day-to-day operations.               

            Fors 103.07     Seal.  The seal of the board shall be an embossed circular seal consisting
of 2 concentric circles, the outer circle having a diameter of 2 inches and an inner circle
having a diameter of 1.7 inches.  In the space between the 2 circles there shall be the words
"Board of Licensure for Foresters - State of New Hampshire.”  Inside of the inner circle,
shall be the profile of the Old Man of the Mountain and trees.

            Fors 103.08     Office Hours, Office Location, Mailing Address and Telephone.

            (a)     The board’s office shall be located at the New Hampshire Joint Board, 57 Regional Drive,
Concord, N.H. 03301, and shall be open to the public weekdays, excluding holidays, from 8:00 a.m. to 4:00 p.m.

            (b)        Correspondence shall be addressed to the board’s administrator at the location stated in Fors 103.07 (a).

            (c)     The board’s telephone number shall be (603) 271-2219.

PART FORS 104 PUBLIC INFORMATION

Fors 104.01 Record of Board Actions. Minutes shall be kept of board meetings and of official actions taken by the board. Minutes of board actions which are not confidential under RSA 91-A:3, II or RSA 91-A:5 shall be public records and shall be available for inspection during the board’s ordinary office hours within 144 hours from the close of the meeting or vote in question unless the 72 hours availability requirement of RSA 91-A:3, III is applicable.

Fors 104.02 Custodian of Records. Persons desiring copies or board records shall submit a request which identifies as particularly as possible the information being sought and agrees to pay a copying fee of $.25 per page. If records are requested which contain both public and confidential information, the board shall delete the confidential information and provide the remaining information.

PART FORS 105 MEETINGS, DELIBERATIONS AND DECISIONS

Fors 105.01 Meetings. Regular meetings shall be held at least 3 times each year. Special meetings shall be called by order of the chairperson or secretary for consideration of appropriate board business. Each member of the board shall be notified in writing of each meeting and such notice shall contain the place, date, time, and subject of the meeting.

Fors 105.02 Quorum. A quorum of the board shall consist of not less than 4 members and a majority vote by the members present shall be necessary to pass a motion unless otherwise specified by law. In the absence of chair, vice chair, or secretary, the chair shall designate a pro tempore officer for the officer or officers absent.

Fors 105.03 Board Meeting Procedures. The board shall conduct its meetings in the following order:

    (a) Reading of the minutes;

    (b) Interviews/meetings;

    (c) Reading of communications;

    (d) Reading and consideration of applications;

    (e) Unfinished business;

    (f) New business; and

    (g) Adjournment.

Fors 105.04 Procedures. Roberts Rules of Order, 9th edition dated 1990 shall govern the procedures of the board except as otherwise provided for in RSA 310-A:98-117.

Fors 105.05 Tentative Decisions

    (a) When necessary to conduct the board’s business in a timely and efficient manner, the board shall instruct its staff or a committee of the board to prepare a draft document, subject to subsequent review and approval by the board. Such instructions shall be known as tentative decisions.

    (b) Tentative decisions shall not be final actions, and shall not be binding upon the board. Changes in the form or the substance of a tentative decision shall be made as often as necessary to produce a final document which satisfactorily sets forth the final result the board intends to reach. The board’s final decision shall be issued only when the necessary majority has voted in favor of the final form of the proposed action, allowing time for printing or servicing the document in question.

    (c) A member who was absent from the meeting at which a tentative decision was made or revised shall vote on a final proposal derived from the member’s evaluation of a tentative decision if the member is otherwise qualified to vote on the matter in question.

    (d) A member shall not be qualified to vote on the matter in question:

        (1) If there is a conflict of interest or an appearance of impropriety on the part of the member; or

        (2) As may otherwise be provided for in Fors 200.

PART FORS 106 ROSTER

Fors 106.01 Roster Distribution Copies of a roster containing names, addresses, and assigned numbers of licensed foresters shall be furnished upon request. The fee shall be $5.00.

PART FORS 107 APPOINTMENT OF COMMITTEES

Fors 107.01 Committees

    (a) A committee shall consist of one or more board members who have been directed by the board to investigate and make recommendations to the full board.

    (b) When expressly authorized by the board, the authority of a committee shall include:

        (1) The retention of voluntary assistance from qualified non-board members; and

        (2) The retention of paid advisors or consultants pursuant to RSA 332-G:3.

PART Fors 201 PURPOSE AND SCOPE

Fors 201.01  Purpose and Scope.  The board shall conduct various proceedings for the purpose of acquiring sufficient information to make fair and reasoned decisions on matters within its statutory jurisdiction, including decisions on applications for licensure and complaints filed against license holders and others in the practice of forestry. These rules are intended to secure the just, efficient and accurate resolution of all board proceedings.

PART Fors 202 DEFINITIONS

Fors 202.01  Definitions.

            (a)  “Appearance” means a written notification to the board that a party or a party’s representative intends to actively participate in a hearing.

(b)  “Hearing” means “adjudicative proceeding” as defined by RSA 541-A:1, I, namely, “the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.”

            (c )  “Motion” means a request to the presiding officer for an order or ruling directing some act to be done in favor of the party making the motion, including a statement of justification or reasons for the request.

            (d)  “Natural person” means a human being.

            (e)  “Party” means “party” as defined by RSA 541-A:1, XII, namely, “each person or board named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party.” 

            (f)  “Person” means “person” as defined by RSA 541-A:1, XIII, namely, “any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than a board.”

            (g)  “Presiding officer” means presiding officer as defined in RSA 541-A:1, XIV, namely, “that individual to whom the board has delegated the authority to preside over a proceeding, if any; otherwise it shall mean the head of the board.”

            (h)  “Proof by a preponderance of the evidence” means a demonstration by admissible evidence that a fact or legal conclusion is more probable than not to be true.

PART Fors 203 PRESIDING OFFICER; WITHDRAWAL AND WAIVER OF RULES

      Fors 203.01 Presiding Officer; Appointment; Authority

      (a)  All hearings shall be conducted for the board by a natural person appointed or authorized to serve as a presiding officer.

      (b)  A presiding officer shall as necessary:

              (1)  Regulate and control the course of a hearing;

              (2)  Facilitate an informal resolution acceptable to all parties;

              (3)  Administer oaths and affirmations;

              (4) Receive relevant evidence at hearings and exclude irrelevant, immaterial or unduly repetitious evidence;

              (5)  Rule on procedural requests, including adjournments or postponements, at the request of a party or on the presiding officer's own motion;

              (6)  Question any witness to develop a complete record;

              (7)  Cause a complete record of any hearing to be made, as specified in RSA 541-A:31, VI; and

              (8) Take any other action consistent with applicable statutes, rules and case law necessary to conduct the hearing and complete the record in a fair and timely manner.

Fors 203.02   Withdrawal of Presiding Officer.

            (a)  Upon his or her own initiative or upon the motion  of any party, a presiding officer or board official shall, for good cause withdraw from any hearing.

            (b)  Good cause shall exist if a presiding officer or board official:

(1)        Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial or family relationship;

                        (2)        Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of a case; or

                        (3)        Personally believes that he or she cannot fairly judge the facts of a case.

            (c)        Mere knowledge of the issues, the parties or any witness shall not constitute good cause for withdrawal.

Fors 203.03 Waiver or Suspension of Rules by Presiding Officer.  The presiding officer, upon his or her own initiative or upon the motion of any party, shall suspend or waive any requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver or suspension appears to be lawful, and would be more likely to promote the fair, accurate and efficient resolution of issues pending before the board than would adherence to a particular rule or procedure.

 PART Fors 204 FILING, FORMAT AND DELIVERY OF DOCUMENTS

Fors 204.01  Date of Issuance or Filing.All documents governed by these rules shall be rebuttably presumed to have been issued on the date noted on the document and to have been filed with the board on the actual date of receipt by the board, as evidenced by a date stamp placed on the document by the board in the normal course of business.

Fors 204.02  Format of Documents

            (a)  All correspondence, pleadings, motions or other documents filed under these rules shall:

                        (1)  Include the title and docket number of the proceeding, if known;

                        (2)  Be typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size;

                        (3)  Be signed by the party or proponent of the document, or, if the party appears by a representative, by the representative; and

(4)  Include a statement certifying that a copy of the document has been delivered to all parties to the proceeding in compliance with Fors 204.03.

            (b)  A party or representative's signature on a document filed with the board shall constitute certification that:

                        (1)  The signer has read the document;

                         (2)  The signer is authorized to file it;

(3)  To the best of the signer’s knowledge, information and belief there are good and sufficient grounds to support it; and

                        (4)  The document has not been filed for purposes of delay.

Fors 204.03  Delivery  of Documents

            (a)  Copies of all petitions, motions, exhibits, memoranda, or other documents filed by any party to a proceeding governed by these rules shall be delivered by that party to all other parties to the proceeding.

            (b)  All notices, orders, decisions or other documents issued by the presiding officer or board shall be delivered to all parties to the proceeding.

            (c)  Delivery  of all documents relating to a proceeding shall be made by personal delivery or by depositing a copy of the document, by first class mail, postage prepaid, in the United States mail, addressed to the last address given to the board by the party or if represented to the party’s representative.

            (d) When a party appears by a representative, delivery of a document to the party's representative at the address stated on the appearance filed by the representative shall constitute delivery to the party.

PART Fors 205 TIME PERIODS

Fors 205.01 Computation of Time 

            (a)  Unless otherwise specified, all time periods referenced in this chapter shall be calendar days.

            (b)  Computation of any period of time referred to in these rules shall begin with the day after the action which sets the time period in motion, and shall include the last day of the period so computed.

            (c)  If the last day of the period so computed falls on a Saturday, Sunday or legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday or legal holiday.

PART Fors 206 MOTIONS AND PLEADINGS

Fors 206.01  Motions; Objections.

              (a)  Motions shall be in written form and filed with the presiding officer, unless made in response to a matter asserted for the first time at a hearing or on the basis of information which was not received in time to prepare a written motion.

              (b)  Oral motions and any oral objection to such motions shall be recorded in full in the record of the hearing.  If the presiding officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding officer shall order the moving party to submit the motion in writing, with supporting information within 5 days of the order. Objections to such motions shall be filed within 5 days of the filing of the motion.

              (c)  Objections to written motions shall be filed within 30 days of the date of the motion;

              (d)  Failure by an opposing party to object to a motion shall not in and of itself constitute grounds for granting the motion.

              (e)  The presiding officer shall rule upon a motion after full consideration of all objections and other factors relevant to the motion. 

Fors 206.02 Pleadings.

(a) The only pleadings permitted shall be petitions, other than for rulemaking, and replies to petitions. Applications shall not be considered pleadings.

(b) All petitions shall contain:

(1) The name and address of the petitioner; 

(2) The name and address of the petitioner's representative, if any;

(3) A concise statement of the facts that caused the petitioner to request the board to act;

(4) The action that the petitioner wishes the board to take; and

(5) The identification of any statutes, rules, orders, or other authority that entitles the petitioner to request the board to act.

(c) Board replies to petitions shall contain:

(1) The name and address of the petitioner;

(2) The name and address of the representative of the petitioner, if any;

(3) A statement addressing each fact alleged in the petition;

(4) A statement addressing the authority identified by the petitioner;

(5) A concise response to each statement;

(6) The identification of any statutes, rules, orders, or other authority, not identified in the petition, having a bearing upon the subject matter of the petition; and

(7) The action the board took. 

            (d) Replies shall be filed within 90 days from the date of the petition.

PART Fors 207 NOTICE OF HEARING; APPEARANCES; PRE-HEARING CONFERENCES

Fors 207.01  Commencement of Hearing.  A hearing shall be commenced by an order of the board giving notice to the parties at least 30 days prior to the hearing as required by Fors 207.03.

Fors 207.02 Docket Numbers.  A docket number shall be assigned to each matter to be heard which shall appear on the notice of hearing and all subsequent orders or decisions of the board.

Fors 207.03 Notice of Hearing. 

            (a) A notice of a hearing issued by the board at least 30 days prior to the hearing  shall contain the information required by RSA 541-A:31, III, namely:

              (1)  A statement of the time, place and nature of any hearing;

              (2)  A statement of the legal authority under which a hearing is to be held;

              (3)  A reference to the particular statutes and rules involved including this chapter;                   

              (4)  A short and plain statement of the issues presented;

              (5)    A statement that each party has the right to have an attorney represent them at their own expense; and

              (6)    A statement that each party has the right to have the board provide a certified shorthand court reporter at the party’s expense and that any such request shall be submitted in writing at least 10 days prior to the hearing. 

            Fors 207.04 Appearances and Representation

         (a)  A party or the party’s representative shall file an appearance that includes the following information:

(1)  A brief identification of the matter;

(2)  A statement as to whether or not the representative is an attorney; and

          (3)  The party or representative's daytime address and telephone number.

      Fors 207.05 Prehearing Conference.  Any party may request, or the presiding officer shall schedule on his or her own initiative, a pre-hearing conference in accordance with RSA 541-A:31,V to consider:

      (a)  Offers of settlement;

      (b)  Simplification of the issues;

      (c)  Stipulations or admissions as to issues of fact or proof by consent of the parties;

      (d)  Limitations on the number of witnesses;

      (e)  Changes to standard procedures desired during the hearing by consent of the parties;

      (f)  Consolidation of examination of witnesses; and

      (g)  Any other matters which aid in the disposition of the proceeding.

PART Fors 208 ROLES OF BOARD STAFF AND COMPLAINANTS

Fors 208.01 Role of Board Staff in Enforcement or Disciplinary Hearings.  Unless called as witnesses, board staff as defined in Fors 102.01 shall have no role in any enforcement or disciplinary hearing. 

Fors 208.02 Role of Complainants in Enforcement or Disciplinary Hearings.  Unless called as a witness or granted party or intervenor status, a person who initiates an adjudicative proceeding by complaining to the board about the conduct of person who becomes a party shall have no role in any enforcement or disciplinary hearing.

PART Fors 209 INTERVENTION 

Fors 209.01  Intervention.

(a)  A non-party may intervene in a matter pending before the board  under the provisions of RSA 541-A:32, by filing a motion stating facts demonstrating that the non-party's rights or other substantial interests might be affected by the proceeding or that the non-party qualifies as an intervenor under any provision of law.

            (b)  If the presiding officer determines that such intervention would be in the interests of justice and would not impair the orderly and prompt conduct of the hearing, he or she shall grant the motion for intervention. 

            (c)  Participation by intervenors shall be limited to that which is necessary to protect the interest identified in the petition for intervention.

(d) Petitions for intervention shall be filed any time after commencement of a proceeding, and state:

(1) The petitioner's interest in the subject matter of the hearing;

(2) Whether the petitioner appears in support of the complainant, or the respondent, as well as for his or her own interest;

(3) Why the interests of the parties and the orderly and prompt conduct of the proceeding would not be impaired; and

(4) Any other reasons why the petitioner should be permitted to intervene.

 (e) A person filing a complaint that becomes the subject of a disciplinary hearing shall be served with the hearing notice and notified of the right to intervene in the proceeding.

        (f) Once granted leave to intervene, an intervenor shall take the proceeding as he or she finds it and no portion of the proceeding shall be repeated because of the fact of intervention.

PART Fors 210 POSTPONEMENT REQUESTS AND FAILURE TO ATTEND HEARING

Fors 210.01  Postponements.

              (a)  Any party to a hearing may make an oral or written motion that a hearing be postponed to a later date or time.

              (b)  If a postponement is requested by a party to the hearing, it shall be granted if the presiding officer determines that good cause has been demonstrated.  Good cause shall include the unavailability of parties, witnesses or attorneys necessary to conduct the hearing, the likelihood that a hearing will not be necessary because the parties have reached a settlement or any other circumstances that demonstrate that a postponement would assist in resolving the case fairly.

            (c)  If the later date, time and place are known at the time of the hearing that is being postponed, the date, time and place shall be stated on the record.  If the later date, time and place are not known at the time of the hearing that is being postponed, the presiding officer shall issue a written scheduling order stating the date, time and place of the postponed hearing as soon as practicable.

Fors 210.02  Failure to Attend Hearing . If any party to whom notice has been given in accordance with Fors 207.03 fails to attend a hearing, the presiding officer shall declare that party to be in default, unless failure to attend is justified by a showing of good cause including accident, illness or other circumstances beyond the control of the licensee and either:

              (a)    Dismiss the case, if the party with the burden of proof fails to appear;  

              (b)    Hear the testimony and receive the evidence offered by a party, if that party has the burden of proof in
the case; or

              (c)    Grant a postponement of the hearing under the provisions of Fors 210.01.

PART Fors 211 REQUESTS FOR INFORMATION OR DOCUMENTS

Fors 211.01 Voluntary Production of Information. 

(a) Each party shall attempt in good faith to completely and timely respond to requests for the voluntary production of information or documents relevant to the hearing.

            (b) When a dispute between parties arises concerning a request for the voluntary production of information or documents, any party may file a motion to compel the production of the requested information under Fors 211.02.

Fors 211.02 Motions to Compel Production of Information

            (a) Any party may make a motion requesting that the presiding officer order the parties to comply with information requests.  The motion shall be filed at least 15 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of hearing.  

(b)  The moving party’s motion shall:

                        (1)  Set forth in detail those factors which it believes justify its request for information; and

                        (2)  List with specificity the information it is seeking to discover.

            (c)  When a party has demonstrated that such requests for information are necessary for a full and fair presentation of the evidence at the hearing, the presiding officer shall grant the motion.

Fors 211.03 Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits  At least 5 days before the hearing the parties shall exchange a list of all witnesses to be called at the hearing with a brief summary of their testimony, a list of all documents or exhibits to be offered as evidence at the hearing, and a copy of each document or exhibit.

PART Fors 212 RECORD, PROOF, EVIDENCE AND DECISIONS

Fors 212.01 Record of the Hearing.

           (a)       The board shall record the hearing by tape recording or other method that will provide a verbatim record except for a proceeding on emergency action shall be governed by RSA 541-A:30, III.

            (b)      If any person requests a transcript of the taped record, the board shall  cause a transcript to be prepared and, upon receipt of payment for the cost of the transcription, shall provide copies of the transcript to the requesting party.

            (c)      At the request of a party to any proceeding involving disciplinary action, the record of the proceeding shall be made by a certified shorthand court reporter provided by the board at the requesting party’s expense.  A request for a certified shorthand court reporter shall be filed at least 10 days prior to the hearing.

Fors 212.02 Standard and Burden of Proof  The party asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence.

            Fors 212.03  Testimony; Order of Proceeding

              (a)  Any person offering testimony, evidence or arguments shall state for the record his or her name, and role in the proceeding.  If the person is representing another person, the person being represented shall also be identified.

              (b)  Testimony shall be offered in the following order:

            (1)  The party or parties bearing the burden of proof and such witnesses as the party may call;

            (2)  The party or parties opposing the party who bears the overall burden of proof and such witnesses as the party may call.

Fors 212.04 Evidence

              (a)  Receipt of evidence shall be governed by the provisions of RSA 541-A:33.

              (b)  All documents, materials and objects offered as exhibits shall be admitted into evidence unless excluded by the presiding officer as irrelevant, immaterial, unduly repetitious or legally privileged.

              (c)  All objections to the admissibility of evidence shall be stated as early as possible in the hearing, but not later than the time when the evidence is offered.

              (d)  Transcripts of testimony and documents or other materials, admitted into evidence shall be public records unless the presiding officer determines that all or part of a transcript or document is exempt from disclosure under RSA 91-A:5 or applicable case law.

Fors 212.05 Proposed Findings of Fact and Conclusions of Law 

            (a)  Any party may submit proposed findings of fact and conclusions of law to the presiding officer prior to or at the hearing.

            (b)  Upon request of any party, or if the presiding officer determines that proposed findings of fact and conclusions of law would serve to clarify the issues presented at the hearing, the presiding officer shall specify a date after the hearing for the submission of proposed findings of fact and conclusions of law.

            (c)  In any case where proposed findings of fact and conclusions of law are submitted, the decision shall include rulings on the proposals.

Fors 212.06  Closing the Record

            (a)  After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record, except as allowed by (b) below and Fors 212.08.

            (b)  Before the conclusion of the hearing, a party may request that the record be left open to allow the filing of specified evidence not available at the hearing.  If the other parties to the hearing have no objection or if the presiding officer determines that such evidence is necessary to a full consideration of the issues raised at the hearing, the presiding officer shall keep the record open for the period of time necessary for the party to file the evidence and for cross examination on such evidence.       

      Fors 212.07 Reopening the Record. At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer’s own initiative or on the motion of any party, shall reopen the record to receive relevant, material and non-duplicative testimony, evidence or arguments not previously received, if the presiding officer determines that such testimony, evidence or arguments are necessary to a full and fair consideration of the issues to be decided.

Fors 212.08 Decisions

            (a)  A board member shall not participate in making a decision unless he or she personally heard the testimony in the case, unless the matter’s disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony.

            (b)  If a presiding officer has been delegated the authority to conduct a hearing in the absence of a majority of the officials of the board who are to render a final decision, the presiding officer shall submit to the board a written proposal for decision, which shall contain a statement of the reasons for the decision and findings of fact and rulings of law necessary to the proposed decision.

            (c)  If a proposal for decision in a matter not personally heard by the board is adverse to a party to the proceeding other than the board itself, the board shall serve a copy of the proposal for decision on each party to the proceeding and provide an opportunity to file exceptions and present briefs and oral arguments to the board.

            (d)  A proposal for decision shall become a final decision upon its approval by the board.

            (e)  The board shall keep a decision on file in its records for at least 5 years following the date of the final decision or the date of the decision on any appeal, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

PART Fors 213 MOTION FOR REHEARING

            Fors 213.01 Purpose  The rules in this part are intended to supplement any statutory provisions, including RSA 541, that require or allow a person to request a rehearing of a decision of the board prior to appealing the decision. 

            Fors 213.02 Applicability.  The rules in this part shall apply whenever any person has a right under applicable law to request a rehearing of a decision prior to filing an appeal of the decision with the court having appellate jurisdiction.

            Fors 213.03 Filing and Content of Motion

(a)  The motion for rehearing shall be filed within 30 days of the date of the board decision or order. 

(b)  A motion for rehearing shall:

    (1)  Identify each error of fact, error of reasoning, or error of law which the moving party wishes to have reconsidered;

    (2)  Describe how each error causes the board's decision to be unlawful, unjust or unreasonable, or illegal in respect to jurisdiction, authority or observance of the law, an abuse of discretion, arbitrary, or capricious.

    (3)  State concisely the factual findings, reasoning or legal conclusion  proposed by the moving party; and

    (4)  Include any argument or memorandum of law the moving party wishes to file.

            Fors 213.04 Standard for Granting Motion for Rehearing. A motion for rehearing in a case subject to appeal under RSA 541 shall be granted if it demonstrates that the board's decision is unlawful, unjust or unreasonable. 

          Fors 213.05 Decision on Motion for Rehearing.  The board shall grant or deny a motion for rehearing, or suspend the order or decision pending further consideration within 10 days of the filing of the motion for rehearing.

PART Fors 214 RULEMAKING PUBLIC COMMENT HEARINGS

Fors 214.01 Purpose. The purpose of this part is to provide a uniform procedure for the conduct of public hearings at which comment from the general public will be solicited for evaluation and consideration by the board relative to rulemaking 

Fors 214.02 Scope.

(a) These rules shall apply to all hearings required by state law to be conducted by
the board at which public comment shall be solicited, except that they shall not apply to adjudicative hearings.

            (b) If any requirement set by these rules conflicts with an applicable statute such other authority shall control.

Fors 214.03 Notice.

(a) A public comment hearing concerning rulemaking shall be commenced by placing notice of the hearing in the "Rulemaking Register" so that it shall appear at least 20 days prior to the hearing date.

(b) Notice for rulemaking public comment hearings shall comply with RSA 541-A:6, I.

(c) Nothing in these rules shall prohibit the board from giving greater notice than the minimums set out in this part.

Fors 214.04 Media Access.

(a) Public comment hearings shall be open to the print and electronic media.

(b) The moderator shall place limits on the activities of the media to avoid disruption in the following ways:

(1) Limiting the number of media representatives when their presence is
disproportionate to the number of other citizens present and shall cause other citizens to be excluded;

(2) Limiting the placement of television cameras to certain locations in the
hearing room; and

(3) Prohibiting interviews from being conducted within the hearing room during the hearing.

Fors 214.05 Moderator

(a) The hearing shall be presided over by a moderator who shall be the board chairperson or a designee.

 (b) The moderator shall:

(1) Call the hearing to order;

(2) Cause a recording of the hearing to be made;

(3) Place limits on the media to avoid disruption as set out in Fors 214.04(b);

(4) Recognize those who wish to be heard and establish the order thereof;

(5) Limit the time for each speaker, as set out in Fors 214.06(b);

(6) Remove or have removed any person who disrupts the hearing;

(7) Adjourn the hearing; and

(8) Provide opportunity for the submission of written comments.

Fors 214.06 Public Participation.

(a) Any person who wishes to speak on the issue or issues which are the subject of the hearing shall place his or her name and address on a speakers' list before the last speaker on the list has finished speaking. All whose names appear on the speakers' list, as provided, shall be afforded reasonable time to speak at the hearing. Reasonable time shall be determined considering the number of people who wish to be heard, the time and the availability of the facility.

(b) The board, through the moderator, shall 

(1) Refuse to recognize a person who refuses to give his or her full name and address;

(2) When a group or organization wishes to comment, limit the group to no more than 3 spokespersons, provided that the members who are present shall be allowed to enter their names and addresses into the record as supporting the position by the group or organization;

(3) Revoke recognition of a speaker who speaks or acts in an abusive or disruptive manner; or

(4) Revoke recognition of a speaker who refuses to keep his or her comments relevant to the issue or issues which are the subject of the hearing.

(c) Written comments may be submitted any time from the time notice has been published until the record has been closed by the moderator, which shall not be less than 7 calendar days after the hearing.

(d) In the event that the number of speakers who wish to give oral testimony relevant to the issue or issues involved exceed that number which can be heard within a reasonable period of time subject to facility availability and length of the hearing, the hearing shall be reconvened pursuant to RSA 541-A:11, III  to afford such persons the opportunity to be heard. Speakers may elect to submit written testimony in lieu of additional oral hearing.

PART Fors 215 PETITION FOR RULEMAKING 

Fors 215.01 Petition for Rulemaking. 

(a) Any person may request the board to commence a proceeding for the purpose of adopting, amending, or repealing a rule by filing a written petition that contains:

      (1)  The text of the proposed rule or a statement of the particular results intended by the petitioner to flow from
        the implementation of the proposed rule;

                  (2) An identification of the particular rule sought to be amended or repealed;

(3) Any data or argument the petitioner believes would be useful to the board in deciding whether to commence a rulemaking proceeding; and

(4) Name, address, signature of petitioner and date signed.

Fors 215.02 Disposition of Petition. 

 (a) The board shall consider all petitions for rulemaking and proceed pursuant to RSA 541-A:4. The board shall request additional data or argument from the petitioner or other interested persons to clarify the merits of the petition.

(b)  The board shall grant the petition if the petition is consistent with statute and case law and will assist the board with the regulation of the profession.

PART Fors 216 DECLARATORY RULINGS

Fors 216.01 Petitions.

      (a) Any person may request a declaratory ruling from the board on matters within its jurisdiction by filing an original and 5 copies of a petition pursuant to Fors 206.02 (b).

      (b) A petition for declaratory ruling shall set forth the following information:

(1) The exact ruling being requested; and

(2) The statutory and factual basis for ruling, including any supporting affidavits or memoranda of a law.

Fors 216.02 Action on Petitions

(a) The petitioner shall provide such further information or participate in such evidentiary or other proceedings as the board shall direct after reviewing the petition and any replies received.

(b) Upon review and consideration, the board shall within 90 days rule on the petition pursuant to Fors 206.02 (d).

PART Fors 217 EXPLANATION AFTER ADOPTION

Fors 217.01 Explanation after Adoption.

(a)  Any person may request an explanation regarding adoption of the rules pursuant to RSA 541-A:11,VII by submitting a request to the board 

(b)  The request shall be considered at the next scheduled board meeting and the board shall issue a response within 45 days after consideration.

CHAPTER FORS 300 LICENSURE REQUIREMENTS

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CHAPTER Fors 300 LICENSURE REQUIREMENTS

PART Fors 301 APPLICATION REQUIREMENTS

            Fors 301.01  Application Process.

            (a)        Persons wishing to become licensed as a forester in New Hampshire shall submit an application form provided by the board which contains the information specified in Fors 301.02, and the application fee specified in Fors 301.04.

            (b)        An application, which is not signed by the applicant, and is not accompanied by cash, a valid check or a valid credit card for the application fee, shall not be accepted for processing and shall be returned to the applicant.

            (c)        The board shall acknowledge receipt of an application within 60 days of acceptance for filing and shall notify the applicant of any deficiencies in the application. Failure to remedy the deficiencies within 60 days shall result in dismissal of the application. An application shall be considered accepted for processing by the board when all deficiencies are corrected.

            (d)        The board shall take action on an application considered accepted for processing by the board in accordance with the requirements of Fors 302 to Fors 304 as follows:

                        (1)        Grant the application for licensure pursuant to Fors 302, 303 and 304;

                      (2)        Review the application and request any further information needed to clarify the applicant’s qualifications;

                        (3)        Conditionally grant the application pending successful passage of the examination pursuant to Fors 303.01; or

                        (4)        Deny the application until the issues identified in the denial order are resolved.

            (e)        If the application is denied, the applicant shall be provided an opportunity to request a hearing for reconsideration pursuant to Fors 207 regarding denial issues identified by the board. The applicant shall request a hearing in writing within 30 days.

            Fors 301.02  Application for Licensure 

        (a)        Each applicant for licensure shall provide, or cause to be provided, the following on a form supplied by
the board:

                        (1)        The applicant’s name, including any names previously used;

                        (2)        The applicant’s residence and business addresses and telephone numbers;

(3)        The applicant’s date of birth, place of birth and citizenship;

(4)        The applicant’s dates of employment, titles of positions, and present address of employer;

(5)        Character of employment including types of work performed and degree of responsibility;

                        (6)        Name and present address of someone familiar with each position;

                        (7)        List of college or university credits obtained including name of  institution, years attended,
                        graduation date and certified copies of  transcripts;

                        (8)        A listing of every state in which the applicant holds or has ever held registration/certification/licensure as a forester with corresponding number and date of initial registration/certification/licensure;

                        (9)        Whether the applicant has ever lost or been denied registration/ certification/licensure as a forester or disciplined by this board or another forester licensing board in any other state and if so, an explanation of the circumstances;

                        (10)      Whether the registration/certification/licensure as a forester was issued by examination;

                        (11)      Whether the applicant has ever been convicted of a felony or misdemeanor, or violation associated with forestry or the practice of forestry including timber harvesting and incidental activities pursuant to RSA 310-A:98 IV, and if so, the name of the court, the details of the offense and the date of conviction and the sentence imposed;

(12)     The names, complete addresses, occupation and business relationship with the applicant of 5 references as specified in Fors 302.04; and

(13)     The applicant’s signature.

 (b)       Applicants shall pay the application fee as specified in Fors 301.04.

Fors 301.03     Fees.

            (a)        All fees shall be in the form of cash, check, money order, credit card, or bank draft made payable to “Treasurer, State of New Hampshire” and shall be non-refundable.

            (b)        One half of the fee shall accompany the application, the balance shall be paid before the issuance of the license. 

(c) Applications about which there has been no communication by the applicant to the
board for one year shall be destroyed.  

            Fors 301.04     Application/Licensure Fees. The fees shall be as follows:

            (a)        The application fee for licensure as a forester shall be $120.00;

            (b)        The fee for the forester examination shall be $100.00. Re-exam fees shall be $100.00 except that there
shall be no fee for the first re-examination;

            (c)        The application fee for licensed forester by state-to-state reciprocity shall be $120.00;

            (d)        The fee for replacement of lost or mutilated certificate of licensure shall be $30.00.

            (e)        The biennial renewal fee shall be $120.00.

            (f)         If the renewal fee is not received by the date of expiration there shall be a late fee of 20 percent per month.

            (g)     The reinstatement fee shall be the renewal fee plus 20 percent late fee totaling $408.00.

PART Fors 302  QUALIFICATION OF APPLICANTS

            Fors 302.01     Candidate Requirements. Candidates for licensure shall meet the requirements established by RSA 310-A:104 before a license shall be granted. The board shall require documentation of the applicant’s education and work experience to help determine competency.

            Fors 302.02     Experience Requirements.                  

            (a)    Experience in the practice of forestry shall be of a grade and character that indicates to the board that the applicant is competent to practice as a forester. If experience is claimed under Fors 302.02, an affidavit stating the dates of said employment, the types of work performed and the names and address of employers shall be provided.

             (b)     Experience shall be determined as follows:

                      (1)  Applicants possessing a 4-year forestry degree shall have 2 years experience

                      which is equivalent to 4000 hours within not less than 24 months and not more

                      than 60 months of the date of application.
 

                      (2)  Applicants possessing a 2-year forestry degree shall have 4 years experience

                      pursuant to Fors 302.02 which is equivalent to 8000 hours within not less than 48

                      months and not more than 72 months of date of application.                    

                      (3)  Applicants possessing a 4-year degree in a related field shall have 4 years

                       experience pursuant to Fors 302.02 which is equivalent to 8000 hours within

                       not less than 48 months and not more than 72 months of the date of  application.
 

                      (4)  Applicants possessing a 2-year degree in a related field shall have 6 years

                      experience pursuant to Fors 302.02 which is equivalent to 12000 hours within

                      not less than 72 months and not more than 120 months preceding the date of

                      application.
 

                      (5)  Applicants possessing no forestry or related degree shall have 8 years experience
pursuant to Fors 302.02 which is equivalent to16000 hours within the 10-year  period
preceding the date of application.

            (c)    Experience shall be gained under the supervision of a licensed forester or if not, written explanation
shall be included with the application describing why the experience should be considered satisfactory to the board.

(d)        Experience not gained under the direction of a licensed forester shall be considered satisfactory
by the board if:

           (1)   Experience in the practice of forestry was earned in accordance with Fors 302.02 (f) (1), (2) and (3);   

(2)   Experience in the practice of forestry was earned without violating Fors 501.03; and

(3)    The candidate committed no misconduct pursuant to RSA 310-A:112.

(e)        Failure of candidates whose experience is not gained under the direction of a licensed forester to meet the experience requirements of Fors 302.02 (f) (1),(2) and (3) shall, after notice and opportunity for a hearing, result in denial of the application.

           (f)         Experience in the practice of forestry shall be determined pursuant to RSA 310-A:104 as follows:

(1)        A minimum of 50% of required experience shall demonstrate competency in all of the following core areas:

a.         Preparation of comprehensive forest management plans;

b.         Land use and forest type mapping;

                        c.         Development and implementation of silvicultural prescriptions which
                                    means a planned series of treatments designed to change current stand
                                    structure to one that meets management goals;

d.         Timber cruise and inventory;

e.         Boundary line location and maintenance pursuant to RSA 310-A:54, IV;

f.          Timber harvesting supervision;

g.         Marketing of timber products;

h.         Timber sale administration;

i.          Road and harvest layout; and

j.          Knowledge of New Hampshire forestry laws;

(2)      In addition to experience in core areas required per Fors 302.02 (f) (1),satisfactory experience shall be in one or more of the following areas:

                        a.         Land surveying;

                        b.         Wildlife management;

                        c.         Natural resource research or education;

                        d.         Timber stand improvement;

                        e.         Logging;

                        f.          Timber law enforcement;

                        g.         Log scaling;

                        h.         Saw milling;

                         i.          Forest fire control;

                        j.          Soil science pursuant to RSA 310:A-76, II;

                        k.         Arboriculture;

                        l.          Urban forestry;

                        m.        Land use planning;

                        n.         Conservation biology;

                        o.         Wetland delineation pursuant to RSA 310-A:76, II-a or;

                        p.         Wood procurement.

(3)      Applicants who do not meet the experience required pursuant to Fors 302.02 (f) (1) and (2) shall demonstrate experience and competency in specialty areas such as:

                        a.         Timberland appraisal;

                        b.         Teaching of forestry at a college or university level;

                        c.         Teaching natural resource science at a college or university level;

                        d.         Public extension forestry and natural resource education work, or

                        e.         Forest policy in a governmental or management position.

                (g)    Experience shall be in accordance with the rules of professional conduct set forth in Fors 501. Conduct proscribed by the rules of professional conduct, when performed by an unlicensed person or during a prior period of licensure, shall result in denying a license application or issuing a restricted license. 

          Fors 302.03  Educational Requirements. Society of American Foresters accredited and recognized forestry
degrees shall be considered forestry degrees as specified in Fors 302.02. All related degrees shall be from an institution
 accredited by the New England Board of Higher Education or an equivalent accrediting authority. Forestry degrees not
accredited or recognized by the Society of American Foresters shall be considered related degrees. Applicants with related
degrees who do not have at least college level classroom courses in silvics, silviculture, and mensuration shall take the exam,
or otherwise show competency in these subject areas. Demonstration of competency shall include, but is not limited to,
written work products, additional references and college level classroom training.

          Fors 302.04 References Required.  Each applicant for licensure shall provide the board with the
names and addresses of not fewer than 5 individuals, as references, not related to the applicant, of whom
3 or more shall be individuals having personal or professional knowledge of the applicant's forestry
experience and 2 of these being foresters as defined by RSA 310-A:99, and one forester reference
shall be an individual not connected with the applicant’s current place of employment. The board
shall use as references any individuals, companies, or institutions whose names appear in any part
of the completed application.

          Fors 302.05 Information from References. Information from references shall be requested by the board
on forms provided by the board as follows:

          (a)        Applicant’s name;

          (b)     &n