SECTIONS 750-783 - California Statutes

PUBLIC RESOURCES CODE

SECTION 750-783

750. This article may be known and cited as the Professional
Foresters Law.

751. The purpose of this article is to declare the existence of a
public interest in the management and treatment of the forest
resources and timberlands of this state and to provide for the
regulation of persons who practice the profession of forestry and
whose activities have an impact upon the ecology of forested
landscapes and the quality of the forest environment, and through
that regulation to enhance the control of air and water pollution,
the preservation of scenic beauty, the protection of watersheds by
flood and soil erosion control, the production and increased yield of
natural resources, including timber, forage, wildlife, and water,
and outdoor recreation, to meet the needs of the people.

752. (a) "Professional forester," as used in this article, means a
person who, by reason of his or her knowledge of the natural
sciences, mathematics, and the principles of forestry, acquired by
forestry education and experience, performs services, including, but
not limited to, consultation, investigation, evaluation, planning, or
responsible supervision of forestry activities when those
professional services require the application of forestry principles
and techniques.
(b) A professional forester is licensed to perform forestry
services only in those areas of expertise in which the person is
fully competent as a result of training or experience. In order for a
professional forester to fulfill all of his or her responsibilities
with regard to a particular activity on a site, if the expertise that
is prudently required exceeds the expertise possessed by the
professional forester in that regard, the professional forester may
need to utilize the services of other qualified experts, including,
but not limited to, archaeologists, botanists, civil engineers,
ecologists, fisheries biologists, geologists, hydrologists, land
surveyors, landscape architects, range scientists, soil scientists,
or wildlife biologists. Nothing in this article shall preclude those
other environmental professionals from the application of their
knowledge in their field of expertise outside the practice of
forestry, as defined in Section 753.

753. "Forestry," as used in this article, refers to the science and
practice of managing forested landscapes and the treatment of the
forest cover in general, and includes, among other things, the
application of scientific knowledge and forestry principles in the
fields of fuels management and forest protection, timber growing and
utilization, forest inventories, forest economics, forest valuation
and finance, and the evaluation and mitigation of impacts from
forestry activities on watershed and scenic values, to achieve the
purposes of this article. The practice of forestry applies only to
those activities undertaken on forested landscapes. The professions
specified in Section 772 are not practicing forestry when mitigating
or recommending mitigation of impacts from previous forestry
activities on related watershed or ecological values within their
area of professional expertise or when recommending those mitigations
for proposed timber operations. However, public and private
foresters are required to be licensed pursuant to this article when
making evaluations and determinations of the appropriate overall
combination of mitigations of impacts from forestry activities
necessary to protect all forest resources.

754. "Forested landscapes" means those tree dominated landscapes
and their associated vegetation types on which there is growing a
significant stand of tree species, or which are naturally capable of
growing a significant stand of native trees in perpetuity, and is not
otherwise devoted to nonforestry commercial, urban, or farming uses.

755. "Person" as used in this article means any natural person.

756. Nothing in this article prohibits any person from engaging in
those activities otherwise restricted to professional foresters,
certified specialists, or qualified but exempt certificants, provided
a registrant is in charge of the professional practice or work of
that person and all professional work or documents are done by or
under the supervision of the registrant.

757. The provisions of this article do not apply to any landowner
who is a natural person and who personally performs services of a
professional forester, when such services are personally performed on
lands owned by him.

758. This article shall not be construed to authorize a registered
professional forester to practice civil engineering as defined in
Chapter 7 (commencing with Section 6700) of Division 3 of the
Business and Professions Code or to practice land surveying as
defined in Chapter 15 (commencing with Section 8700) of Division 3 of
the Business and Professions Code or to practice landscape
architecture, as defined in Chapter 3.5 (commencing with Section
5615) of Division 3 of the Business and Professions Code.

759. The board may by regulation adopt such rules and regulations
pursuant to Chapter 4.5 (commencing with Section 11371) of Part 1 of
Division 3 of Title 2 of the Government Code, as it determines are
reasonably necessary to enable it to carry into effect the provisions
of this article.

760. The board shall consider matters pertaining to the
registration of professional foresters at least once every six months
at regular meetings and may, as necessary, meet solely for the
purpose of considering matters to carry out the provisions of this
article.

760.5. The board may hire the clerical and secretarial employees,
technical personnel, and other staff who are necessary and budgeted
to properly assist the work of the board in carrying out the purposes
of this article. This staff personnel shall be subject to the
relevant system and procedures of the state civil service. The
provisions of the State Civil Service Act contained in Part 2
(commencing with Section 18500) of Division 5 of Title 2 of the
Government Code shall apply to that personnel. The executive officer
shall be an employee exempt from civil service.

761. The board shall keep a complete record of all applications for
registration and certification and the board's action thereon.

762. The board may by regulation provide for the issuance of
certificates of specialization in such fields of specialization as
the board may by regulation establish.

763. (a) The board shall establish an examining committee of at
least seven members composed of the following, who shall be appointed
by the board and serve at its pleasure:
(1) Two public members with one selected from the membership of
the board.
(2) At least four professional foresters in good standing
representing a broad cross section of employment and expertise.
(3) At least one certified specialist registered pursuant to
Section 772 in good standing. If a certified specialist is not
available to serve on the committee, this position shall be replaced
by an additional professional forester in good standing.
(b) The examining committee shall do all of the following:
(1) Examine all applicants for registration as professional
foresters and for specialty certificates.
(2) Recommend to the board applicants for the license of
professional forester and applicants for specialty certificates who
fulfill the requirements of this article.
(3) Review complaints, which review may include independent
investigations or expert witness evaluations, and make disciplinary
recommendations to the board.
(4) Establish ad hoc committees as needed with representatives of
certified specialists.
(5) Recommend to the board whether an independent certification
program qualifies for recognition under Section 754.
(6) Recommend adoption of the rules and regulations or changes in
rules and regulations which may be needed to effect this article.

764. Any person appointed to serve upon the examining committee
shall receive, if requested, one hundred dollars ($100) for each day
during which he or she is engaged in the performance of his or her
official duties, except that the compensation of each member shall
not exceed in any one fiscal year the sum of one thousand dollars
($1,000). In addition, each member shall be reimbursed for necessary
expenses incurred in the performance of his or her duties, including
travel, at state rates.

765. The examining committee shall adhere to the rules and
regulations of the board. Any applicant for a license pursuant to
this article who contends that he has been aggrieved by any action
taken by the examining committee with respect to his qualifications
may appeal to the board in accordance with rules or regulations
prescribed by the board. The board on such appeal may administer an
oral or written examination to the applicant as an aid in determining
whether the applicant is qualified under the terms of this article.

766. On and after July 1, 1973, it shall be unlawful for any person
to act in the capacity of, or to use the title of, a professional
forester without being registered pursuant to this article, unless
exempted from the provisions thereof.

767. An applicant for a license pursuant to this article shall
apply to the board. Such application shall be accompanied by the
payment of a fee in an amount fixed by the provisions of this
article.

768. The board shall require an applicant to demonstrate such
degree of experience and such general knowledge of the profession of
forestry as the board deems necessary for the protection of the
public.

769. An applicant shall meet all of the following qualifications:
(a) Be of good moral character and have a good reputation for
honesty and integrity.
(b) Furnish evidence of having completed seven years of experience
in forestry work.
Possession of a degree of bachelor of science, or equivalent
degree as determined by the board, with a major in forestry, shall be
deemed equivalent to four years of experience in the actual practice
of forestry work.
At least three of the seven years of experience shall include
having charge of forestry work, or forestry work under the
supervision of a person registered, or qualified for, but exempt
from, registration under the provision of this article. Work
completed prior to July 1, 1973, shall qualify if it was under the
supervision of a qualified forester, as defined in Section 754. The
award of a master of forestry degree shall be acceptable as evidence
of one year of such qualifying experience.
(c) Has successfully completed such examination or examinations as
are prescribed by the board.

770. (a) Examinations shall be given by the board as often as it is
deemed necessary, but at least every six months.
(b) The examination may consist of both written and oral portions.
A grade of 75 percent shall be necessary for successful completion
of the examination.

771. An applicant failing in an examination may be examined again
upon filing a new application and paying the application fee.

772. Instead of being registered as a professional forester, an
applicant may request to be registered as a certified specialist in
one or more fields of forestry. Nothing in this article shall
authorize the board to certify or otherwise license wildlife
biologists, fisheries biologists, botanists, ecological
restorationists, stream restorationists, hydrologists, or geologists.
Registration in a specialty area does not prohibit a professional
forester from providing services within that professional forester's
area of expertise. Any public agency or professional society may
submit for board recognition its independent certification program as
full qualification without examination for the board's certificate
of specialization. That certification as a specialist shall be
granted provided the board determines the program fully protects the
public interest in that area of practice encompassed by the program.
Those certificants are subject to board registration and discipline
with review by that specialty.

773. Licenses and specialty certificates issued pursuant to this
article shall be valid for two years and shall expire on July 1 of
each alternating year.

774. (a) Issuance of a license may be denied if sufficient evidence
is received by the board of the commission or doing by the applicant
of any act which, if committed or done by a licensee, would be
grounds for the suspension or revocation of his license.
(b) In any decision denying an application, the board may provide
that it will accept no future application from the applicant until he
complies with specified conditions. No condition may be required by
the board that is not just and reasonable.

775. The board may upon its own motion, and shall upon the verified
complaint in writing of any person, cause investigation to be made
of the actions of any person licensed pursuant to this article, and
may temporarily suspend or permanently revoke the license of any
person who is guilty of or commits any one or more of the acts or
omissions constituting cause for disciplinary action.

776. Any accusation against a registrant or a certificant shall be
filed within five years after the act or omission alleged as the
ground for disciplinary action. The proceedings under this article
shall be conducted in accordance with Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code and the board has all the powers granted in that chapter.

777. If the board finds against the registrant, the board, in its
decision, may terminate all operations of the registrant during the
period fixed by the decision, except those operations the board
determines that the person may complete. The board may impose upon
the registrant compliance with specific conditions as may be just in
connection with his or her operations, and may further provide that,
until the conditions are complied with, no application for
restoration of the suspended or revoked registration shall be
accepted by the board.
The board shall provide public notice of the suspension or
revocation pursuant to this section.
The board may issue a private reprimand when a registrant commits
a failure of responsibility which warrants a lesser level of
discipline than suspension. The issuance of a private reprimand does
not prohibit the board from using the subject of the private
reprimand in an accusation, within the statute of limitations,
seeking suspension or revocation resulting from a subsequent
complaint, to establish a pattern of lesser failures of professional
responsibility. If the evidence is insufficient to support a private
reprimand or an accusation, the executive officer for registration
may send a letter expressing the examining committee's concerns.

778. A registrant or certificant is subject to disciplinary action
who:
(a) Has been convicted of a felony substantially related to the
qualifications, functions, or duties of a registered professional
forester. A conviction within the meaning of this section means a
plea or verdict of guilty or a conviction following a plea of nolo
contendere. Any action which the board is permitted to take following
the establishment of a conviction may be taken when the time for
appeal has elapsed or when an order granting probation is made
suspending the imposition of sentence, irrespective of a subsequent
order under Section 1203.4 of the Penal Code.
(b) Has been found guilty by the board of any deceit,
misrepresentation, fraud, material misstatement of fact,
incompetence, or gross negligence in his or her practice.
(c) Has been guilty of any fraud or deceit in obtaining his or her
registration or certification.
(d) Aids or abets any person in the violation of any provision of
this article.
(e) Fails in any material respect to comply with the provisions of
this article.

778.5. The board shall develop criteria to determine whether a
felony is substantially related to the qualifications, functions, or
duties of a registered professional forester in order to aid it when
considering the denial, suspension, or revocation of a license.

779. Any person who violates any of the provisions of this article
is guilty of a misdemeanor.

780. The fees received pursuant to this article shall be deposited
in the Professional Forester Registration Fund in the State Treasury,
which fund is hereby created.

781. All fees received pursuant to the provisions of this article
shall be available, when appropriated by the Legislature, for the
administration of this article; provided, that in the event that
moneys need to be expended from the Professional Forester
Registration Fund for emergencies for which no appropriation, or an
insufficient appropriation, has been made by law, and which in the
judgment of the Director of Finance constitutes a case of actual
necessity, but limited to purposes of administration of this article
which have been specifically approved by the Legislature in budget
acts or other legislation, the Director of Finance may authorize an
emergency expenditure in an amount determined by him from such fund;
provided, further, that the Director of Finance shall file with the
Joint Legislative Budget Committee within 10 days after approval of
such emergency expenditure, copies of all executive orders,
expenditure authorizations, and allotments made pursuant to this
section, and stating the reasons for, and the amount of, such
expenditures.

782. The board shall establish by regulation the amount of fees
within the following ranges, and based on a determination by the
board of the amount of revenues reasonably necessary to carry out
this article:
(a) The application fee for registration or for each certificate
of specialization shall be not less than fifty dollars ($50) and not
more than two hundred dollars ($200).
(b) The registration fee and certificate of specialization fees
and renewal fees shall be not less than twenty-five dollars ($25) and
not more than two hundred fifty dollars ($250) per year. Every
licensed person shall, on or before July 1 of the year of expiration,
pay the renewal fee.
(c) The fee for the issuance of a duplicate display registration
document or certificate of specialization shall be not less than five
dollars ($5) and not more than twenty-five dollars ($25).
(d) The penalty fee for failure to apply for a renewal shall be
not less than ten dollars ($10) and not more than twenty-five dollars
($25) for each month of delinquency. In return for the payment of
the renewal fee and any applicable late fees, a renewal registration
card shall be issued.
(e) A registrant or certificant may, upon written notice to the
board, be granted a withdrawal period without penalty not to exceed
five years. A reinstatement application shall be accompanied with a
fee of not less than fifteen dollars ($15) and not more than fifty
dollars ($50), for registration or each certificate of
specialization.

783. In case any person defaults in payment of the renewal fee, his
or her registration may be revoked by the board on 60 days' notice
in writing from the board, unless within this time the fee is paid,
together with penalty, not exceeding the amount fixed by this
article. Upon payment of the fee and penalty within one year, the
board shall reinstate the person's registration.