S.L. 1975-531

NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

CHAPTER 531

HOUSE BILL 508

AN ACT TO ESTABLISH THE STATE BOARD OF REGISTRATION OF FORESTERS IN NORTH CAROLINA AND TO DEFINE ITS POWERS AND DUTIES, TO PROVIDE FOR THE REGISTRATION OF FORESTERS, TO DEFINE THE PRACTICE OF FORESTRY, AND TO PROVIDE PENALTIES FOR VIOLATION THEREOF.

The General Assembly of North Carolina enacts:

Section 1. General provisions, (a) No person shall, in connection with his name or otherwise assume, use or advertise any title or description tending to convey, directly or indirectly, the impression that he is a registered forester without first having been registered as a registered forester as hereinafter provided.

(b) It is the intention of this act to benefit and protect the public by improving the standards relative to the practice of professional forestry in North Carolina.

Sec. 2. Definitions. As used in this act:

(1) "Board" shall mean the State Board of Registration for Foresters, provided for by this act.

(2) "Forester" means a person who by reason of his special knowledge and training in natural sciences, mathematics, silviculture, forest protection, forest mensuration, forest management, forest economics, and forest utilization is qualified to engage in the practice of forestry as hereinafter defined.

(3) "Practicing" means giving professional forestry services, including but not limited to consultation, investigation, evaluation, education, planning, or responsible supervision of any forestry activities requiring knowledge, and training in and experience of forestry principles and techniques.

(4) "Registered forester" means a person who has been registered pursuant to this act.

Sec. 3. State Board of Registration for Foresters; appointment of members; terms. (a) A State Board of Registration for Foresters is hereby created whose duty it shall be to administer the provisions of this act. The Board shall consist of four duly practicing registered foresters and one at-large member, who shall be appointed by the Governor for a term of five years. In the initial appointments of foresters, the Governor shall appoint four practicing foresters, at least three of whom shall hold at least a bachelor's degree from an accredited forestry school. The appointments shall have the effect of duly registering the appointees who are practicing foresters. The initial board shall be appointed for terms of one, two, three, four, and five years respectively beginning July 1, 1975. The members of the Board shall serve for the terms hereinbefore specified and until their successors are duly appointed and qualified. Upon the expiration of the term of any forester Board member, the Governor shall appoint as his successor a practicing registered forester. Upon the expiration of the term of the at-large member, the Governor shall appoint an at-large successor.

(b) Each member of the Board shall be a citizen of the United States and a resident of North Carolina.

(d) The Board shall elect annually the following officers: a chairman, and a vice-chairman, who shall be members of the Board, and a secretary who may be a member of the Board. A quorum of the Board shall consist of not less than three voting members of the Board.

Sec. 4. Compensation and expenses of Board members. Each member of the Board shall receive per diem and allowances as provided with respect to occupational licensing boards by G.S. 93B-5.

Sec. 5. Organization and meetings of the Board. The Board shall meet on call of the Governor within 30 days after its initial members are appointed, and thereafter shall hold at least two regular meetings each year. Special meetings may be held at such time and place as the bylaws of the Board may provide.

Sec. 6. Powers of the Board. The Board may make all reasonable and necessary rules for the proper performance of its duties and the regulation of the proceedings before it. The Board shall adopt an official seal. Any member of the Board may administer oaths or affirmations to witnesses appearing before the Board.

Sec. 7. Receipts and disbursements. The secretary of the Board shall receive and account for all moneys derived under the provision of this act, and shall keep such moneys in a separate fund to be known as the "Registered Foresters' Fund." Moneys in the aforesaid fund shall be expended to carry out the purposes of the Board. The secretary of the Board shall give surety bond to the Board in such sum as the Board may determine, the premium of which shall be regarded as a proper expense of the Board and shall be paid from the Registered Foresters' Fund.

The Board may employ and fix the compensation of necessary clerical and other assistants. The compensation of such assistants shall be paid out of the Registered Foresters' Fund.

Sec. 8. Records and reports. The Board shall keep a record of its proceedings and a register of all applications for registration. The register shall show the name, age and residence of each applicant; the date of the application; applicant's place of business; his educational and other qualifications; whether or not examination was required; whether application was rejected or registration was granted; date of action by the Board; and other information as may be deemed necessary by the Board. Annually on July 1st the Board shall submit to the Governor a report of its transactions of the preceding year.

Sec. 9. General requirements for registration. (a) Applicants for registration shall be registered upon satisfactory showing to the Board that the applicant:

(1) is of good moral character, and

(2) has either:

i. graduated with a bachelor's or higher degree in a forestry curriculum from a school or college of forestry approved by the Board and has had two or more years experience in forestry; or

ii. passed a written examination designed to show knowledge approximating that obtained through graduation from a four-year curriculum in forestry in a university or college approved by the Board, and has a record of five or more years of active practice in forestry work of a character satisfactory to the Board; provided that five or more years shall be immediately prior to the application; or

iii. is a resident of North Carolina and has engaged in the practice of forestry for five years immediately prior to the effective date of this section and has held himself out in writing and has been employed as a practicing forester for that period. Such person shall make written application under oath of the Board to be registered on or before June 30, 1976, and thereafter no person shall be registered under this subparagraph.

(b) Registration shall be determined upon the basis of individual personal qualification. No firm, company, partnership, corporation or public agency shall be registered as a registered forester.

(c) A non-resident of North Carolina may become a registered forester under this act by complying with its terms, and by filing a consent as to service of process and pleadings upon the Board secretary. In connection with the practice of forestry by such non-resident in North Carolina, the consent as to service of process and pleadings shall be held binding and valid in all courts, as if due service had been made personally upon said non-resident by the Board, when such process has been served upon the Board secretary.

(d) A person not a resident of North Carolina, or one who has recently become a resident thereof, may become registered under this act upon written application to the Board, provided: (1) such person is legally registered as a registered forester in his own state or country and has submitted evidence to the Board that he is so registered; and (2) the state or country in which he is so registered observes these same rules of reciprocity in regard to persons registered under the provisions of this act.

(e) A non-resident of North Carolina may use the term "registered forester" in North Carolina without becoming registered under this act provided that he is registered in another state which will reciprocate with the provision of this act.

Sec. 10. Application and registration fees. Applications for registration shall be made on forms prescribed and furnished by the Board. The application fee for a certificate of registration as a registered forester shall be fifteen dollars ($15.00), which shall accompany the application. An additional fifteen dollars ($15.00) shall be paid upon issuance of the certificate of registration. Should the applicant fail or refuse to remit the certificate fee within 30 days after being notified in the usual manner that the applicant has successfully qualified, he forfeits the right to have the certificate so issued and said applicant may be required again to submit an original application fee therefor. Should the Board deny the issuance of a certificate of registration to any applicant, the initial application fee deposited by the applicant shall be retained by the Board.

Sec. 11. Expiration and renewals. Registrations shall expire on the last day of June following issuance or renewal and shall become invalid after that date unless renewed. It shall be the duty of the secretary of the Board to notify, at his last registered address, every person registered under this act of the date of the expiration of his registration and the amount of fee which shall be required for its renewal for one year. Such notices shall be mailed at least 30 days in advance of the expiration date of such registrations. The annual renewal fee for certificates shall be ten dollars ($10.00). The fee for issuance of replacement certificates of registration shall be five dollars ($5.00).

Any registration which has expired may be renewed by paying a fee of ten dollars ($10.00) plus one dollar ($1.00) per calendar month from the date of expiration. Charges above the renewal fee shall not exceed twenty dollars ($20.00).

Sec 12. Examinations. When written examinations are required, they shall be held at such time and places in the State of North Carolina as the Board shall determine. The methods of procedure will be described by the Board. A candidate failing an examination may apply for re-examination at the expiration of six months and will be re-examined with payment of an additional fee of fifteen dollars ($15.00). Subsequent examinations will be granted upon payment of a fee of fifteen dollars ($15.00) for each examination.

Sec 13. Revocations and reissuance of registration. The Board shall have the power to revoke or suspend the certificate of registration of any registrant who is found, by the Board, to be guilty of gross negligence, fraud, deceit or flagrant misconduct in the practice of forestry, or who is found by the Board to have demonstrated incompetence as a practicing forester. The Board is empowered to designate a person or persons to investigate and report to it upon any charges of fraud, deceit, gross negligence, incompetency or other misconduct in connection with any forestry practice against any registrant that may come to its attention.

Any person may prefer charges against any registrant. Such charges shall be in writing and shall be sworn to by the person making them and shall be filed with the secretary of the Board. The time and place for a hearing before the Board shall be fixed by the Board. At any hearing the accused may appear in person or by counsel. The Board may reissue a certificate of registration to any person whose certificate of registration has been revoked or suspended.

Sec. 14. Roster of registered foresters. A roster showing the names, registration numbers, and places of business residence of all registered foresters qualified according to the provisions of this act shall be prepared by the secretary of the Board during the month of July of each year. Copies of this roster shall be placed on file with the Secretary of State of North Carolina and each clerk of superior court in North Carolina. A copy shall be sent to each registrant, and copies may be furnished to the public upon request and upon payment of a fee to be set by the Board.

Sec. 15. Violation and penalties. Any person who, without being registered in accordance with the provisions of this act, shall use in connection with his name or otherwise assume, use or advertise any title or description tending to convey the impression that he is a registered forester; or any person who shall give any false or forged information of any kind to the Board or to any member thereof in obtaining a certificate of registration; or any person, firm, partnership or corporation who shall violate any of the provisions of this Article shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than fifty dollars ($50.00), or imprisoned not more than 30 days.

Sec. 16. This act shall become effective on July 1, 1975.

In the General Assembly read three times and ratified, this the 10th day of June, 1975.