# COMAR Title 08 — Department of Natural Resources

## Subtitle 07 — Forests and Parks

### Chapter 07 — Licensed Tree Experts

**Authority:** Natural Resources Article, §§1-104 and 5-415—5-423; State Government Article, §10-206; Annotated Code of Maryland

**Administrative History:** Effective date: September 2, 2002 (29:17 Md. R. 1379)

**Administrative History:** Regulation .02B amended effective October 13, 2003 (30:20 Md. R. 1447); March 28, 2005 (32:6 Md. R. 635); February 12, 2007 (34:3 Md. R. 297); March 19, 2012 (39:5 Md. R. 381); September 15, 2014 (41:18 Md. R. 1009); June 18, 2018 (45:12 Md. R. 617); August 26, 2019 (46:17 Md. R. 726); October 5, 2020 (47:20 Md. R. 875)

**Administrative History:** Regulation .04D repealed effective October 13, 2003 (30:20 Md. R. 1447)

**Administrative History:** Regulation .04D adopted effective February 12, 2007 (34:3 Md. R. 297)

**Administrative History:** Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 569)

**Administrative History:** Regulation .07 recodified to be Regulation .08 and new Regulation .07 adopted effective October 17, 2011 (38:21 Md. R. 1277)

**Administrative History:** Regulation .07 amended effective September 14, 2015 (42:18 Md. R. 1174)

**Administrative History:** Regulation .07C amended effective December 10, 2015 (42:24 Md. R. 1504)

**Administrative History:** Regulation .08C adopted effective September 14, 2015 (42:18 Md. R. 1174)

#### Regulation .01 Responsibility to the Public.

*COMAR 08.07.07.01*

A. In rendering professional services, a licensed tree expert shall comply in all respects with applicable laws and regulations pertaining to tree expert services.

B. A licensed tree expert may not engage in any form of false or misleading advertising or promotional activities, including, but not limited to, the falsification or misrepresentation of:

  (1) The work of a licensed tree expert or of an individual employed by the tree expert;

  (2) The academic or professional qualifications or affiliations of the licensed tree expert; or

  (3) The experience or licensing status of the licensed tree expert.

C. A licensed tree expert may not use private property adjacent to a client's property as work area, or to gain access to the client's property, without the private property owner's written permission.

D. A licensed tree expert shall ensure the safe operation of all equipment used in the performance of tree expert services.

E. In the performance of tree expert services, a licensed tree expert shall make every reasonable effort to protect the safety, health, property, and welfare of the public.

F. A licensed tree expert shall cooperate fully with the Department of Natural Resources Forest Service in an investigation or adjudication of an alleged violation of tree expert statutes or regulations and, upon request, shall provide copies of documents to the Department of Natural Resources.

G. A licensed tree expert shall, within a reasonable time, inform the Department of Natural Resources Forest Service in writing of a change in address, telephone number, or employment.

#### Regulation .02 Incorporation by Reference.

*COMAR 08.07.07.02*

A. In this chapter, the following documents are incorporated by reference.

B. Documents Incorporated.

  (1) American National Standard for Arboricultural Operations — Safety Requirements ANSI Z133 — 2017;

  (2) American National Standard for Tree Care Operations — Tree, Shrub and Other Woody Plant Management — Standard Practices (Pruning), ANSI A300 (Part 1) — 2017 Pruning Revision of ANSI A300 (Part 1) — 2008 (R2014), with the following changes:

    (a) Delete Section 6.2 and insert in its place:

      (i) “6.2.1 Not more than 25 percent of the foliage should be removed within an annual growing season. The percentage and distribution of foliage to be removed shall be adjusted according to the tree’s species, age, health, and site.”; and

      (ii) “6.2.2 When frequent excessive pruning is necessary for a tree to avoid conflicts with elements such as infrastructure, traffic and utilities, removal or relocation of the tree shall be considered.”; and

    (b) Delete the text of Section 8.2.2.2 and insert in its place “Climbing spurs shall not be used when entering and climbing trees for the purpose of pruning or other tree maintenance.”;

  (3) American National Standard for Tree Care Operations — Tree, Shrub and Other Woody Plant Management — Standard Practices (Soil Management a. Modification, b. Fertilization, and c. Drainage), ANSI A300 (Part 2) — 2011 Soil Management a. Modification, b. Fertilization, and c. Drainage;

  (4) American National Standard for Tree Care Operations — Tree, Shrub, and Other Woody Plant Management — Standard Practices (Supplemental Support Systems) ANSI A300 (Part 3) — 2013 Revision of ANSI A300 (Part 3) — 2006;

  (5) American National Standard for Tree Care Operations — Tree, Shrub and Other Woody Plant Management — Standard Practices (Lightning Protection Systems), ANSI A300 (Part 4) — 2014 Lightning Protection Systems Revision of ANSI A300 (Part 4) — 2008;

  (6) American National Standard for Tree Care Operations — Tree, Shrub, and Other Woody Plant Management — Standard Practices (Management of Trees and Shrubs During Site Planning, Site Development, and Construction) ANSI A300 (Part 5) — 2012 Revision of ANSI A300 (Part 5) — 2005;

  (7) American National Standard for Tree Care Operations — Tree, Shrub, and Other Woody Plant Management — Standard Practices (Planting and Transplanting) ANSI A300 (Part 6) — 2012 Revision of ANSI A300 (Part 6) — 2005;

  (8) American National Standard for Tree Care Operations — Tree, Shrub, and Other Woody Plant Management — Standard Practices (Integrated Vegetation Management a. Utility Rights-of-way) ANSI A300 (Part 7) — 2012 Revision of ANSI A300 (Part 7) — 2006;

  (9) American National Standard for Tree Care Operations — Tree, Shrub, and Other Woody Plant Management — Standard Practices (Root Management) ANSI A300 (Part 8) — 2013; and

  (10) American National Standard for Tree Care Operations — Tree, Shrub, and Other Woody Plant Management — Standard Practices (Tree Risk Assessment a. Tree Failure), ANSI A300 (Part 9) — 2017 Tree Risk Assessment a. Tree Failure Revision of ANSI A300 (Part 9) — 2011.

#### Regulation .03 Responsibility to the Client.

*COMAR 08.07.07.03*

A. A licensed tree expert shall perform tree expert services only if qualified to do so by education or experience.

B. In performing tree expert services, a licensed tree expert shall act with reasonable care and competence, and shall apply technical knowledge and skills according to American National Standards Institute published tree care industry standards as incorporated by reference in Regulation .02 of this chapter.

C. A licensed tree expert may not knowingly assume or accept any position in which the licensed tree expert's interests conflict with the licensee's professional responsibilities unless the facts are disclosed by the licensee and consented to in writing by the client or employer.

D. A licensed tree expert shall enter into a written contract with the client which shall clearly convey the:

  (1) Licensed tree expert's name, license number, name of licensee's business entity, address, and phone number;

  (2) Name, address, and phone number of the client;

  (3) Objective and scope of services;

  (4) Anticipated dates of the licensed tree expert's work on the project;

  (5) Implications of any deviation from ANSI standards incorporated under Regulation .02 of this chapter;

  (6) Amount and method of remuneration for the services; and

  (7) Dated signatures of the licensed tree expert or the licensed tree expert's designee and the client or the client's designee.

E. Any amendments to the contract shall be in writing and signed and dated by both the licensed tree expert or the licensed tree expert's designee and the client or the client's designee.

F. A licensed tree expert may not accept compensation from more than one employer for the same service unless all parties involved are informed and consent.

G. A licensed tree expert may not exploit clients served professionally by:

  (1) Accepting a tree care project if benefit cannot reasonably be expected to accrue to the tree or trees or to the client;

  (2) Continuing treatment when benefit cannot reasonably be expected to accrue to the tree or trees or to the client;

  (3) Charging for services not rendered;

  (4) Failing to fully inform clients served of the nature and possible effects of services rendered; or

  (5) Misrepresenting services rendered.

H. A licensed tree expert who anticipates the termination or interruption of service during the term of a contract shall notify the client promptly.

#### Regulation .04 Responsibility to Other Licensed Tree Experts and the Profession.

*COMAR 08.07.07.04*

A. A licensed tree expert shall pursue all professional endeavors with honesty, integrity, fairness, and professionalism.

B. A licensed tree expert may only take credit for services performed by the licensed tree expert directly or by the licensed tree expert's firm under the licensed tree expert's supervision and direction.

C. A licensed tree expert shall adhere to and maintain standards of professional conduct that reflect in a responsible manner on the profession.

D. A licensed tree expert shall disclose associations with multiple tree care companies to each tree care company for which the licensee provides tree care services or supervision of tree care services.

#### Regulation .05 Record Keeping.

*COMAR 08.07.07.05*

A. A licensed tree expert shall maintain records of all of the licensee's client contracts for tree expert services for 3 years after completion of a project.

B. If requested by a current or former client, the licensed tree expert shall release a copy of the written record to the client or former client. The licensed tree expert may require a client or former client to pay the reasonable cost of providing the records requested.

#### Regulation .06 Supervision.

*COMAR 08.07.07.06*

A licensed tree expert is responsible for the quality and content of all work performed by those working under the licensee.

#### Regulation .07 License Application and Renewal Fees.

*COMAR 08.07.07.07*

A. An applicant shall pay to the Department, as part of the examination application, a $30 fee. If the applicant fails an examination, an additional $20 fee must be paid for each subsequent examination application.

B. A tree expert license shall be renewed every 2 years.

C. A licensed tree expert shall pay a $20 fee every 2 years for license renewal.

D. Professional Development. Commencing with the 2017 renewals, a licensed tree expert shall complete at least 8 hours of Department-approved continuing education instruction during the preceding 2-year term.

E. The Department shall review and approve the curriculum for continuing education instruction provided that the curriculum includes information on:

  (1) New State and federal laws, regulations, and policies; or

  (2) Technologies affecting the work of a licensed tree expert.

F. Before a course may be approved and advertised as meeting the continuing education instruction requirement of this section, the course holder shall:

  (1) Submit the course curriculum to the Department for approval at least 4 weeks before the date of the scheduled course; and

  (2) Submit documentation that includes the number of classroom hours, the curriculum, and the entity conducting the course.

G. Documentation of completion of a course approved by the Department may be submitted to the Department by:

  (1) A licensed tree expert providing a Certificate of Completion; or

  (2) The approved course holder providing names and license numbers of those who completed the course.

H. The Department may consider whether a licensee may receive credit for continuing education instruction for a course that was not pre-approved based on a licensee’s submission of the documentation required under §§E, F, and G of this regulation.

I. The Department shall maintain continuing education records for each licensed tree expert to reflect the completion of approved course hours.

J. If a licensed tree expert does not complete the required continuing education instruction within the 2-year license renewal deadline, the licensee shall only be able to renew a license by taking and passing the tree expert examination given by the Department.

#### Regulation .08 Violation of Regulations.

*COMAR 08.07.07.08*

A. Pursuant to Natural Resources Article, §5-421(b), Annotated Code of Maryland, the Department of Natural Resources may temporarily suspend, for a period not to exceed 2 years, the license of a licensed tree expert who violates this chapter. This power of suspension is in addition to, and not in limitation of, the Department of Natural Resources' power to revoke or suspend a tree expert license pursuant to Natural Resources Article, §5-421(a), Annotated Code of Maryland.

B. Before the suspension, revocation, or denial of a tree expert license, the Department shall provide a contested case hearing conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.

C. During the suspension or revocation of a tree expert license, the tree expert shall not engage in performing tree care work, whether or not under the supervision of a licensed tree expert, for the period of the suspension or revocation.