Chapter 402
S.P. 659 - L.D. 1842
PART T
Sec. T-1. 32 MRSA §5503, sub-§3, as enacted by PL 2001, c. 261, §4, is amended to read:
3. Person registered and practicing forestry.
A person registered and practicing forestry under the supervision of a forester as set forth by section 5515, subsection 9 10, paragraph B; or
Sec. T-2. 32 MRSA §5505, as enacted by PL 2001, c. 261, §4, is amended to read:
1. Establishment; purpose.
The Board of Licensure of Foresters, as established within the department pursuant to Title 5, section 12004-A, subsection 17, administers the provisions of this chapter to protect the public by improving the standards relative to the practice of forestry, to protect the public from unqualified practitioners and to help ensure the proper management of the forest resources of the State.
2. Members.
The board consists of 6 members appointed by the Governor. Each member must be a citizen of the United States and a resident of this State. The board consists of:A. One public member as defined in Title 5, section 12004-A; and
B. Five foresters who hold valid licenses.
3. Terms; removal.
Terms of the members of the board are for 3 years. Appointments of members must comply with Title 10, section 8009. Members may be removed by the Governor for cause.
4. Meetings; chair; quorum.
The board shall meet at least once a year and at such other times as the board determines necessary to conduct its business and to elect a chair. Additional meetings must be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. A majority of the Four members of the board constitutes constitute a quorum for the transaction of business under this chapter.
5. Election of officers.
The board shall annually elect a chair and other officers as it determines necessary.
Sec. T-3. 32 MRSA §5508, as enacted by PL 2001, c. 261, §4, is repealed and the following enacted in its place:
The board shall administer and enforce this chapter and evaluate the qualifications of applicants for licensure.
Sec. T-4. 32 MRSA §5509, as enacted by PL 2001, c. 261, §4, is repealed.
Sec. T-5. 32 MRSA §5509-A is enacted to read:
In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, paragraph A, the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for:
1. Aiding or abetting.
Aiding or abetting a person in conduct that constitutes a violation of this chapter;
2. Lack of trustworthiness.
A lack of trustworthiness and competence on the part of the applicant or licensee to conduct forestry practices in a manner that safeguards the interests of the public;
3. Suspension or revocation of license.
Suspension or revocation of a professional or occupational license for disciplinary reasons or rejection of an application for reasons related to untrustworthiness within 3 years prior to the date of application; or
4. Failure to meet professional qualifications; failure to submit complete application.
Failure to meet the professional qualifications for licensure as provided in this subchapter or failure to submit a complete application within 30 days after being notified of the materials needed to complete the application.
Sec. T-6. 32 MRSA §5510, as enacted by PL 2001, c. 261, §4, is amended to read:
1. Application.
The applicant shall submit a properly completed an application on forms furnished by the board, together with the prescribed fee as set under section 5507.
2. Criminal history information.
Subject to Title 5, chapter 341, the applicant shall provide criminal history record information.
Sec. T-7. 32 MRSA §5512, as enacted by PL 2001, c. 261, §4, is repealed.
Sec. T-8. 32 MRSA §5513, as enacted by PL 2001, c. 261, §4, is repealed.
Sec. T-9. 32 MRSA §5514, sub-§5, as amended by PL 2003, c. 364, §3, is further amended to read:
5. Renewal.
Licenses expire annually on December 31st or on a date the commissioner determines. The board shall issue a renewal license, subject to the limitations set forth in subsection 6, upon receipt of the written request for renewal, the annual renewal fee as set under section 5507 and evidence of satisfactory completion of continuing education as set forth in subsection 4. Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee as set under section 5507 in addition to the renewal fee. A person who submits an application for renewal more than 90 days after the license has expired is required to pay a late renewal penalty an additional late fee as set under section 5507 in addition to the 90-day late fee and renewal fee.
Sec. T-10. 32 MRSA §5515, sub-§6, as enacted by PL 2001, c. 261, §4, is amended to read:
6. Examination.
Each applicant for a forester license shall submit an application and examination fee as set under section 5507 and successfully pass an examination administered approved by the board designed to test an individual's knowledge to engage in the practice of forestry. Applicants shall must meet all other qualifications for licensure prior to taking the examination.
Sec. T-11. 32 MRSA §5515, sub-§8, as amended by PL 2003, c. 364, §4, is further amended to read:
8. Renewal.
Licenses expire annually on December 31st or on a date the commissioner determines. The board shall issue a renewal license upon receipt of the written request for renewal, the annual renewal fee as set under section 5507 and evidence of satisfactory completion of continuing education as set forth in subsection 7. Licenses may be renewed up to 90 days after expiration upon payment of a late fee as set under section 5507 in addition to the renewal fee. A person who submits an application for renewal more than 90 days after the license expiration date is subject to all requirements governing new applicants under this chapter, except that the board may, in its discretion and giving due consideration to the protection of the public, waive examination and internship if the renewal application is within 2 years from the date of expiration for those applicants who demonstrate compliance with subsection 7 and upon payment of a late renewal penalty an additional late fee as set under section 5507 in addition to the 90-day late fee and renewal fee.