Business Occupations and Professions (GBO) — Title 7. Foresters

Notwithstanding § 5–101 of the Natural Resources Article, “forestry” means the application, for compensation, of scientific techniques to the planting, conservation, protection, and management of trees and related resources for their continuing use, whether found in large numbers and areas commonly known as forests, woodlands, and woodlots or in small groupings and individual trees in suburban and urban settings.

“Forestry” includes:

“Forestry” does not include:

The Board consists of 7 members.

Of the 7 members of the Board:

The Governor shall appoint the members with the advice and consent of the Senate.

The Governor shall appoint each of the licensed forester members from a list of at least 3 names of licensed foresters submitted to the Governor by the Maryland members of the Maryland-Delaware Division of the Allegheny Society of American Foresters.

a citizen of the United States; and

a resident of the State for at least 3 years.

shall be a member of the general public;

may not be a licensee or otherwise be subject to regulation by the Board;

may not be required to meet the qualifications for the professional members of the Board; and

may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Board.

have a financial interest in or receive compensation from a person regulated by the Board; or

grade any examination given by or for the Board.

The term of a member is 5 years and begins on July 1.

The terms of members are staggered as required by the terms provided for members of the Board on October 1, 1989.

At the end of a term, a member continues to serve until a successor is appointed and qualifies.

A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

The Governor may remove a member for:

Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, a member shall be considered to have resigned if the member did not attend at least two–thirds of the Board meetings held during any consecutive 12–month period while the member was serving on the Board.

The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.

In accordance with § 8–501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.

The Board shall meet at least twice a year, at the times and places that the Board determines.

The Board may hold special meetings as provided in its bylaws, but the Board may not hold more than 1 meeting in a calendar month.

may not receive compensation; but

is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

a ground for disciplinary action under this title; or

a violation of this title.

The Board may issue a subpoena for the attendance of a witness to testify or the production of evidence in connection with:

A subpoena shall be signed by the chairman of the Board and sealed with the seal of the Board.

If a person fails to comply with a subpoena issued under this subsection, on petition of the Board, a circuit court may compel compliance with the subpoena.

any bylaw for the conduct of the proceedings of the Board; and

any regulation to carry out this title.

shall administer this title;

shall adopt a seal; and

shall keep a record of its proceedings.

the applicant’s:

the date of the application;

whether the applicant was required to take an examination;

the action of the Board on the application;

the reason for the action; and

any other information the Board considers necessary.

keep a list of all licensed foresters that shows the name and place of business of each licensee;

provide a copy of the list:

With the advice of the established forestry associations, the Board shall adopt, by regulation, a code of ethics for practicing forestry.

The Board shall distribute a copy of the code of ethics:

is not a resident of this State and does not maintain a place of business in this State; or

has become a resident of this State within the preceding 6 months.

Subject to paragraph (2) of this subsection, an applicant shall have graduated on completion of a 4–year curriculum in forestry from a college or university that is:

An applicant may meet the requirements of this subsection if the Board determines that the applicant’s education, including a comparable graduate degree or international degree, is substantially equivalent to the requirements under paragraph (1) of this subsection.

submit to the Board an application on the form that the Board provides; and

pay to the Board an application fee of $45.

In addition to any other information required on an application form, the form shall require:

An application shall be made under oath.

the applicant has qualified for a license;

on receipt of a $55 license fee, the Board will issue a license to the applicant; and

if the applicant fails to pay the license fee within 30 days after receipt of the notice, the applicant forfeits the right to be issued a license and, to obtain a license, may be required to submit a new application and to pay a new application fee.

On payment of the license fee, the Board shall issue a license to each applicant who meets the requirements of this subtitle.

If an applicant fails to pay the license fee within 30 days after the receipt of notice that the applicant has qualified, the Board may:

the full name of the licensee;

the registration number assigned by the Board to the licensee; and

the signature of the chairman of the Board.

request of the licensee; and

payment of a replacement fee of $5.

after the effective date of the license; and

in an even–numbered year.

At least 30 days before a license expires, the Board shall mail or electronically transmit to the licensee:

If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Board received the notice that the electronic transmission was undeliverable.

Before a license expires, the licensee periodically may renew it for an additional 2–year term, if the licensee:

A licensee may apply to the Board for inactive status.

The Board shall grant inactive status to a licensee if the licensee:

An individual may return to active status if the individual meets the requirements for renewal of a license under this section.

Subject to the hearing provisions of § 7-311 of this subtitle, the Board, on the affirmative vote of a majority of its authorized members, may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee:

The Board shall pay any penalty collected under this subsection into the General Fund of the State.

the nature of the crime;

the relationship of the crime to the activities authorized by the license;

with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to practice forestry;

the length of time since the conviction; and

the behavior and activities of the applicant or licensee before and after the conviction.

A complaint shall be:

If the complaint is made by any person other than a member of the Board, the complaint shall be made under oath by the person who submits the complaint.

Except as otherwise provided in § 10-226 of the State Government Article, before the Board takes any final action under § 7-309 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.

A hearing shall be held within 3 months after the complaint is made.

served personally on the individual; or

sent by certified mail to the last known address of the individual.

the basis of evidence submitted to the Board after the revocation and not available, before the revocation, to the individual seeking reinstatement;

the affirmative vote of a majority of the authorized members of the Board; and

payment to the Board of a fee of $5.

be of a design determined by the Board; and

include:

The Board may impose on a person who violates any provision of this title a penalty not exceeding $5,000 for each violation.

In setting the amount of the penalty, the Board shall consider:

The Board shall pay any penalty collected under this subsection into the General Fund of the State.