41944 - 21 Ncac 20 Rollup
G.S. 150B-21.3A Report for 21 NCAC 20, BOARD OF REGISTRATION FOR FORESTERS
Agency - Board of Registration for Foresters
Comment Period - 08/01/2014 through 10/07/14
Date Submitted to APO - Filled in by RRC staff
| Rule Section | Rule Citation | Rule Name | Date and Last Agency Action on the Rule | Agency Determination [150B-21.3A(c)(1)a] | Implements or Conforms to Federal Regulation [150B-21.3A(d1)] | Federal Regulation Citation | Public Comment Received [150B-21.3A(c)(1)] | Agency Determination Following Public Comment [150B-21.3A(c)(1)] |
|---|---|---|---|---|---|---|---|---|
| SECTION .0100 - PURPOSE | 21 NCAC 20 .0101 | PURPOSE OF PROGRAM | Amended Eff. August 1, 2000 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | |
| 21 NCAC 20 .0102 | CONTACTING THE BOARD | Amended Eff. February 1, 1985 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | ||
| 21 NCAC 20 .0103 | QUALIFICATIONS FOR REGISTRATION | Amended Eff. August 1, 2010 | Necessary with substantive public interest | No | Yes | Necessary with substantive public interest | ||
| 21 NCAC 20 .0104 | EXAMINATIONS | Amended Eff. August 1, 2010 | Necessary with substantive public interest | No | No | Necessary with substantive public interest | ||
| 21 NCAC 20 .0105 | REFERENCES | Amended Eff. August 1, 2000 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | ||
| 21 NCAC 20 .0106 | REGISTRATION FEES | Amended Eff. August 1, 2010 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | ||
| 21 NCAC 20 .0107 | INCOMPLETE APPLICATIONS | Amended Eff. May 1, 1989 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | ||
| 21 NCAC 20 .0108 | DELINQUENT FEES | Amended Eff. August 1, 2010 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | ||
| 21 NCAC 20 .0109 | REGISTRATION CARD | Amended Eff. August 1, 2010 | Unnecessary | No | Yes | Unnecessary | ||
| 21 NCAC 20 .0110 | REGISTRATION SEAL | Amended Eff. May 1, 1989 | Unnecessary | No | Yes | Unnecessary | ||
| 21 NCAC 20 .0111 | REGISTRATION CERTIFICATE | Amended Eff. February 1, 1985 | Necessary without substantive public interest | No | Yes | Necessary without substantive public interest | ||
| 21 NCAC 20 .0112 | REGISTRATION REPLACEMENTS | Eff. February 1, 1976 | Unnecessary | No | No | Unnecessary | ||
| 21 NCAC 20 .0113 | REJECTIONS | Amended Eff. May 1, 1989 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | ||
| 21 NCAC 20 .0114 | RE-REGISTRATION | Amended Eff. November 1, 1993 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | ||
| 21 NCAC 20 .0115 | CODE OF ETHICS | Amended Eff. September 1, 2010 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | ||
| 21 NCAC 20 .0116 | REVOCATION OR SUSPENSION | Amended Eff. May 1, 1989 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | ||
| 21 NCAC 20 .0117 | RECIPROCITY | Amended Eff. August 1, 2010 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | ||
| 21 NCAC 20 .0118 | REGISTERED FORESTERS | Amended Eff. May 1, 1989 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | ||
| 21 NCAC 20 .0120 | CERTIFICATION OF CONSULTING FORESTERS | Amended Eff. August 1, 2000 | Necessary without substantive public interest | No | Yes | Necessary without substantive public interest | ||
| 21 NCAC 20 .0121 | REJECTION OF CONSULTANT AFFIDAVIT | Eff. November 1, 1993 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | ||
| 21 NCAC 20 .0122 | HANDLING OF COMPLAINTS | Amended Eff. August 1, 2010 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | ||
| 21 NCAC 20 .0123 | CONTINUING EDUCATION | Amended Eff. August 1, 2010 | Necessary without substantive public interest | No | Yes | Necessary without substantive public interest | ||
| 21 NCAC 20 .0124 | COMPLIANCE WITH ANNUAL REPORTS REQUIREMENTS | Eff. August 1, 2010 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | ||
| 21 NCAC 20 .0125 | PETITION FOR RULE-MAKING | Eff. September 1, 2010 | Necessary without substantive public interest | No | No | Necessary without substantive public interest | ||
| 21 NCAC 20 .0126 | DECLARATORY RULINGS: AVAILABILITY | Eff. August 1, 2010 | Necessary without substantive public interest | No | No | Necessary without substantive public interest |
Comments to NC State Board of Registration for Forester Rules
8/14/2014 https://webmail04.register.com/promail/src/printer_friendly_main.php?pa…
From: TONY.WEBB@TOUCHNC.NET
Subject: Rule Comment:0103 Qualifications for Registration
Date: Sat, August 9, 2014 4:18 pm
To: info@ncbrf.org
Rule Comment: 0103 Qualifications for Registration
From: JOSIAH A WEBB III
Company/Organization: WEBB LAND & TIMBER SERVICES, INC.
E-mail: TONY.WEBB@TOUCHNC.NET
Zip-Code: 27932
Classification Selected: Agree with the Board
Comment: WOULD LIKE TO SEE THE PROCESS FOR RENEWAL STREAMLINED. LIKE SOME OTHER CONSULTANTS, I AM ALSO A LICENSED SURVEYOR AND REAL ESTATE BROKER. REQUIREMENTS FOR RENEWAL IN EACH OF THOSE CASES IS MUCH SIMPLER THAN THAT OF THE REGISTERED FORESTER/CONSULTANT. FOR STARTERS, BOTH CAN BE COMPLETED ONLINE AND NEITHER REQUIRES A NOTARIZED SIGNATURE WITH EACH YEAR'S RENEWAL. THAT REQUIREMENT, IN PARTICULAR, SEEMS TO SUGGEST THAT THE BOARD QUESTIONS THE INTEGRITY OF THE APPLICANT.
Response to Tony Webb's comment (He agreed with the Board)
0103 Qualifications for Registration
Pursuant NC General Statute 89B-2 & 89B-11, which requires the NC Registered Forester that wishes to be listed as a consulting forester "Has filed annually an affidavit with the Board in accordance with G.S. 89B-14(b)." Also, the NC Registered Foresters have to follow the Board Rules for registration and renewal and are not combined with other agencies renewal procedures. Thank you for taking the time to review the rules that governor our Board.
10/6/2014 https://webmail04.register.com/promail/src/printer_friendly_main.php?pa…
From: mkeegan@alumni.duke.edu
Subject: Rule Comment:0109 Registration Cards
Date: Tue, September 23, 2014 12:03 pm
To: info@ncbrf.org
Rule Comment: 0109 Registration Cards
From: Marian Keegan
Company/Organization: Hemlock Farms Community Association
E-mail: mkeegan@alumni.duke.edu
Zip-Code: 18457
Classification Selected: Agree with the Board
Comment: Will Registration Cards continue to be available on request? If not, the Board should be vigilant about informing members when their renewals are approved and registrants should be encouraged to check the Board's website to insure that they are listed. Therefore, a Registered Forester can be confident when referring the Public to the Board's website to confirm registration.
Response to Marian Keegan's comment (She agreed with the Board)
0109 – Registration Cards
Pursuant NC General Statute 89B-6, the Board will continue to offer registration cards upon request.
9/10/2014 https://webmail04.register.com/promail/src/printer_friendly_main.php?pa…
From: philip.weigel@btgpactual.com
Subject: Rule Comment:0110 Registration Seal
Date: Thu, August 21, 2014 10:44 am
To: info@ncbrf.org
Rule Comment: 0110 Registration Seal
From: Philip Weigel
Company/Organization: BTG Pactual
E-mail: philip.weigel@btgpactual.com
Zip-Code: 27842
Classification Selected: Agree with the Board
Comment: inserting a pdf symbol of the RF # should be an appropriate substitute for a rubber stamp
Response to Philip Weigel's comment (He agreed with the Board)
0110 – Registration Seal
The Board is going to look into creating a pdf or electronic version of the registration seal for NC Registered Foresters to use. Thank you for taking the time to review the rules that governor our Board.
10/6/2014 https://webmail04.register.com/promail/src/printer_friendly_main.php?pa…
From: mkeegan@alumni.duke.edu
Subject: Rule Comment:0110 Registration Seal
Date: Tue, September 23, 2014 12:07 pm
To: info@ncbrf.org
Rule Comment: 0110 Registration Seal
From: Marian Keegan
Company/Organization: Hemlock Farms Community Association
E-mail: mkeegan@alumni.duke.edu
Zip-Code: 18457
Classification Selected: Necessary with substantive public interest
Comment: Are Registration Seals no longer used by other licensed/registered professionals, such as engineers? If so, I disagree with the Board that this is unnecessary. If not, then I agreed with the Board; however, Registered Foresters should have the option of purchasing a seal. If a form of documentation other than a seal is used by professionals, then the Board should launch an educational effort to inform Registered Foresters and the Public what is common practice.
Response to Marian Keegan's comment (She thought Necessary with substantive public interest)
0110 – Registration Seal
Pursuant NC General Statute 89B – 6, "The Board shall adopt an official seal. Any member of the Board may administer oaths or affirmations to witnesses appearing before the Board." The Board will continue the seal and encourage NC Registered Foresters to do the same.
10/6/2014 https://webmail04.register.com/promail/src/printer_friendly_main.php?pa…
From: mkeegan@alumni.duke.edu
Subject: Rule Comment:0111 Registration Certificate
Date: Tue, September 23, 2014 12:11 pm
To: info@ncbrf.org
Rule Comment: 0111 Registration Certificate
From: Marian Keegan
Company/Organization: Hemlock Farms Community Association
E-mail: mkeegan@alumni.duke.edu
Zip-Code: 18457
Classification Selected: Agree with the Board
Comment: It seems that the changes to the Rules 109, 110 and 111 revolve around reducing paperwork and the increased use of internet sources to check credibility. If so, I agree with the Board's intent to keep up with common practices of the Public and professionals. If the Board will no longer issue a paper "Certificate" and only issue a "Number", then the title of this Rule should change because include the work "certificate" in the Rule Title is confusing.
Response to Marian Keegan's comment (She agreed with the Board)
0111 – Registration Certificate
Pursuant NC General Statute 89B-6;B-13, the Board will provide the registrant with a certificate upon registration. Thank you for taking the time to review the rules that governor our Board.
8/14/2014 https://webmail04.register.com/promail/src/printer_friendly_main.php?pa…
From: cjslts1@bellsouth.net
Subject: Rule Comment:0120 Certification of Consulting Foresters
Date: Mon, August 11, 2014 10:33 pm
To: info@ncbrf.org
Rule Comment: 0120 Certification of Consulting Foresters
From: Cecil J. Saunders, Jr.
Company/Organization: C.J. Saunders Land, Timber & Surveying
E-mail: cjslts1@bellsouth.net
Zip-Code: 28655
Classification Selected: Necessary with substantive public interest
Comment: The purpose of the affidavit is ostensibly to prevent industry employed foresters from abusing a salaried position by misrepresenting themselves in timber procurement. However, this restriction is made on the CONSULTANT S ONLY. I know of many instances where industry-employed foresters have performed timber estimate, timber trespass evaluation and other services FOR PRIVATE LANDOWNERS FOR A FEE by "moonlighting" from their jobs. I respectfully as why there is not a rule to prevent salaried, industry-employed foresters from competing with certified consulting foresters for this activities while those industry or government foresters are engaged in timber procurement or government work? It seems that there is no mechanism for this or even a rule to prevent it. If an industry foresters can consult, with impunity, for a fee, why then is a consultant restricted from timber procurement and buying and reselling timber on his own?
Response to Cecil Saunders' comment (Necessary with substantive public interest)
0120 – Certification of Consulting Foresters
Pursuant NC General Statute 89B, requires consulting foresters to file the annual affidavit, and the Board is not allowed to change this law. Through the current law and the affidavit, the public may determine that consulting (registered) foresters are more highly qualified to render services without a conflict of interest, as compared to individuals that are not classified as consulting foresters. The law is not intended to serve the interests of consulting foresters.
9/10/2014 https://webmail04.register.com/promail/src/printer_friendly_main.php?pa…
From: tagjoe@earthlink.net
Subject: Rule Comment:0123 Continuing Education
Date: Wed, August 27, 2014 2:04 pm
To: info@ncbrf.org
Rule Comment: 0123 Continuing Education
From: Ted A. Graham, RF 441
Company/Organization: Bristol Industries
E-mail: tagjoe@earthlink.net
Zip-Code: 28761
Classification Selected: Agree with the Board
Comment: Instead of 10 hours per year it would make more sense to be 50 hours with a 5 year time limit to earn the credits. This is the exact same hourly requirement, but the expanded time limit would enable the RF to take courses more in line with individual needs and interests rather than taking classes that mean little to him just to get the credits in on time. The expanded time limit would enable the RF to take desirable courses that might not be available to him every year. Thank You.
Response to Ted Graham's comment (Agree with the Board)
0123 Continuing Education
Pursuant NC General Statute 89B-11(B), the Board is following the requirements set forth by the statue for continuing education. Thank you for taking the time to review the rules that governor our Board.
8/14/2014 https://webmail04.register.com/promail/src/printer_friendly_main.php?pa…
From: cjslts1@bellsouth.net
Subject: Rule Comment:0123 Continuing Education
Date: Mon, August 11, 2014 10:25 pm
To: info@ncbrf.org
Rule Comment: 0123 Continuing Education
From: Cecil J. Saunders, Jr.
Company/Organization: C.J. Saunders Land, Timber & Surveying
E-mail: cjslts1@bellsouth.net
Zip-Code: 28655
Classification Selected: Agree with the Board
Comment: I believe that the Board should, based upon LONG STANDING PRECEDENT of other Boards in this State, allow the carry over of several (I suggest five (5)) units of continuing education from one year to another. This is not too complicated, for most foresters will adhere to this voluntarily, and it allows a greater latitude in continuing education for registrants.
Response to Cecil Saunders' comment (Agree with the Board)
0123 – Continuing Education
Pursuant NC General Statute 89B-11(B), there is no provision for carryover of hours for the renewal period. Thank you for taking the time to review the rules that governor our Board.
8/14/2014 https://webmail04.register.com/promail/src/printer_friendly_main.php?pa…
From: Robert.C.Dennis@usace.Army.Mil
Subject: Rule Comment:0123 Continuing Education
Date: Wed, August 13, 2014 12:38 pm
To: info@ncbrf.org
Rule Comment: 0123 Continuing Education
From: Robert Dennis
Company/Organization: US Army Corps of Engineers
E-mail: Robert.C.Dennis@usace.Army.Mil
Zip-Code: 23917
Classification Selected: Agree with the Board
Comment: You've chosen a "year" to mean the State of NC year = July 1 to June 30. This does NOT match up with many other Gov. agencies and private companies. With our annual training cycle and budget, your dates have the effect of me only having a 6 month window to attain my CFEs. A simple solution would be to follow the State of Georgia. They give two years to get 20 hours. Simpler is always better.
Response to Robert Dennis's comment (Agree with the Board)
0123 – Continuing Education
Pursuant NC General Statute 89B-11, the Board is abiding by the process set out in the statute for the renewal time frame and process. Thank you for taking the time to review the rules that governor our Board.
9/10/2014 https://webmail04.register.com/promail/src/printer_friendly_main.php?pa…
From: waldend@earthlink.net
Subject: Rule Comment:0123 Continuing Education
Date: Mon, August 18, 2014 8:57 pm
To: info@ncbrf.org
Rule Comment: 0123 Continuing Education
From: Derryl Walden
Company/Organization: N/A
E-mail: waldend@earthlink.net
Zip-Code: 27511
Classification Selected: Agree with the Board
Comment: I recommend a change in section (c) of rule 0123 that will allow those Registered Foresters who verify to the Board that they are fully retired after a career in forestry to continue their registration without having to earn any CFE's as long as they meet all other requirements, including payment of the annual fee. Reason being that many elderly RF's have great difficulty attending training sessions and earning CFE's but do not want to be prohibited from referring to themselves as a forester.
Response to Derryl Walden's comment (Agree with the Board)
0123 Continuing Education
Pursuant NC General Statute 89B-11(B), the Board is following the requirements set forth by the statute for continuing education. There is a hardship section that has been added to this rule to assist individuals in need. Thank you for taking the time to review the rules that governor our Board.