S 345 Session 112 (1997-1998)
S 0345 General Bill, By Leatherman and Giese
Similar(H 3156)
A BILL TO AMEND TITLE 48, CHAPTER 27, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF FORESTERS, SO AS
TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE
FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN
CHAPTER 1, TITLE 40 AND AMONG OTHER THINGS TO ESTABLISH MAXIMUM LIMITS ON
FINES AND IMPRISONMENT FOR VIOLATIONS, TO REVISE EDUCATIONAL REQUIREMENTS FOR
LICENSURE, AND TO REQUIRE A WRITTEN CONTRACT BE EXECUTED TO PERFORM SERVICES
CONSIDERED THE PRACTICE OF FORESTRY.
02/11/97 Senate Introduced and read first time SJ-11
02/11/97 Senate Referred to Committee on Fish, Game and Forestry SJ-11
05/29/97 Senate Committee report: Favorable with amendment Fish,
Game and Forestry SJ-11
05/27/98 Senate Recommitted to Committee on Fish, Game and
Forestry SJ-114
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 29, 1997
S. 345
Introduced by Senators Leatherman and Giese
S. Printed 5/29/97--S.
Read the first time February 11, 1997.
THE COMMITTEE ON FISH, GAME AND
FORESTRY
To whom was referred a Bill (S. 345), to amend Title 48, Chapter
27, as amended, Code of Laws of South Carolina, 1976, relating to
the licensing and regulation of foresters, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting
words and inserting:
/SECTION 1. Chapter 27, Title 48 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"CHAPTER 27
Registration of Foresters
Section 48-27-10. (1) "Registered
forester" shall mean a person who has registered and qualified
under this chapter to engage in professional forestry practices as
defined in this section.
(2) "Forestry" or "practice of
forestry" shall mean any professional service relating to
forestry, such as consultation, investigation, evaluation, planning or
responsible supervision of forest management, protection,
silviculture, measurements, utilization, economics, education, or
other forestry activities in connection with any public or private
lands.
(3) "Board" shall mean the State
Board of Registration for Foresters, provided for by this chapter.
Section 48-27-20. A State Board of Registration for
Foresters is created whose duty it is to administer the provisions of
this chapter. The Board shall consist of five registered foresters,
recommended by the Foresters Council of South Carolina and two
nonforester members recommended by the South Carolina Forestry
Association, appointed by the Governor. The Governor shall also
consider nominations from any other individual, group, or
association. Each member of the Board must be commissioned by the
Governor and, before beginning his term of office, shall file with the
Secretary of State his written oath or affirmation for the faithful
discharge of his official duty. On the expiration of the term of any
member of the Board, three nominees for each position recommended
by the designated group must be submitted to the Governor from
which he shall appoint for a term of five years a Board member
having the qualifications required by Section 48-27-30 to take the
place of each member whose term on the Board is expiring. Any
vacancy occurring for a reason other than the expiration of office
must be filled by the Governor from three nominees recommended by
the designated group to fill the unexpired term of the member. If the
Governor fails to make appointment in ninety days after expiration
of any term, the Board shall make the necessary appointment. Each
member shall hold office until the expiration of the term for which he
is appointed and until a successor is duly appointed and qualifies.
Section 48-27-30. Each member of the Board must be
a citizen of the United States and a resident of this State. Each
registered forester member must have been engaged in the practice of
forestry for at least ten years.
Section 48-27-40. Every member of the Board shall
receive a per diem allowance when actually attending to the work of
the Board or any of its committees and for the time spent in necessary
travel and, in addition thereto, shall be reimbursed for all actual
traveling, incidental and clerical expenses necessarily incurred in
carrying out the provisions of this chapter.
Section 48-27-50. The Governor may remove any
member of the Board for misconduct, incompetency, or neglect of
duty.
Section 48-27-60. The Board shall hold at least two
regular meetings each year. Special meetings shall be held at such
time and place as the bylaws of the Board may provide. Notice of all
meetings shall be given in such manner as the bylaws may provide.
The Board shall elect or appoint annually the following officers: A
chairman, a vice-chairman, and a secretary.
Section 48-27-70. A secretary to the board shall give a
surety bond to the State in such sum as the Director of the
Department of Labor, Licensing, and Regulation may determine. The
premium on such bond shall be regarded as a proper and necessary
expense of the board and shall be paid out of the fund of the Board
of Registration for Foresters. The secretary shall receive such salary
as the Director of the Department of Labor, Licensing, and
Regulation shall determine in addition to the expenses provided for
in Section 48-27-40.
Section 48-27-80. The Board may adopt and
amend all bylaws and rules of procedure, not inconsistent with the
Constitution and laws of this State, which may be reasonably
necessary for the proper performance of its duties and the regulation
of the proceedings before it.
Section 48-27-90. The Board shall adopt and have an
official seal.
Section 48-27-100. In carrying into effect the
provisions of this chapter the Board may, under the hand of its
chairman and seal of the Board, subpoena witnesses and compel their
attendance and may also require the production of books, papers, and
documents in a case involving the revocation of a license or
practicing or offering to practice without a license under the title of
registered forester. Any member of the Board may administer oaths
or affirmations to witnesses appearing before the Board. Such
witnesses officially called by the Board shall receive the same
compensation and shall be reimbursed for expenses as is provided for
witnesses in the court of common pleas in the county in which this
Board may sit.
Section 48-27-110. The Board shall keep a record of
its proceedings and a register of all applications for registration,
which register shall show (a) the name, age, and residence of each
applicant, (b) the date of the application, (c) the place of business of
such applicant, (d) his educational and other qualifications, (e)
whether or not an examination was required, (f) whether the
application was rejected, (g) whether a license was granted, (h) the
date of the action of the Board and (I) such other information as may
be deemed necessary by the Board. The records of the Board shall be
prima facie evidence of the proceedings of the Board set forth
therein, and a transcript thereof duly certified by the secretary of the
Board under seal shall have the same force and effect as if the
original were produced. Annually, as of June thirtieth, the Board
shall submit to the Governor a report of its transactions of the
preceding year.
Section 48-27-120. (1) No person shall
use in connection with his name or otherwise assume, use or
advertise any title or description tending directly or indirectly to
convey the impression that he is a registered forester, without first
having been licensed and registered as a registered forester as
provided in this chapter.
(2) Except as specifically authorized in this
section, no person shall engage in the practice of professional forestry
as defined in this chapter or in any manner advertise or hold himself
out as engaged in such practice without first being licensed as a
registered forester under this chapter.
(3) Notwithstanding subsection (2) of this section
or any other provision of this chapter, nothing herein may be
construed as preventing or prohibiting any person from managing or
otherwise conducting forestry practices on land owned by him, nor
shall anything herein prohibit any regular employee from engaging
in professional or other forestry practices on lands owned by the
person. Also, notwithstanding subsection (2) of this section or any
other provision of this chapter, nothing herein may be construed as
preventing or prohibiting professional employees of public
agricultural agencies from rendering forestry information, education,
demonstration, and conservation planning in line of duty if the
employees do not represent themselves to be registered foresters
unless properly licensed or registered under the provisions of this
chapter.
(4) It is the purpose of this chapter to protect the
public by improving the standards relative to the practice of
professional forestry, and the provisions of this chapter apply to
foresters employed by the State.
(5) Nothing herein provided shall prohibit any
forestry work by unlicensed persons working under the supervision
of a registered forester.
Section 48-27-130. (A) The following are
minimum evidence satisfactory to the board that the applicant is
qualified for registration as a registered forester:
(1) graduation from a curriculum in forestry of
four years or more in a department, school, or college approved by
the board and a specific record of an additional two years' or more
experience in forestry of a character satisfactory to the board and
indicating that the applicant is competent to practice forestry; or
(2) successfully passing a written examination
designed to show knowledge and skill approximating that obtained
through graduation from an approved four-year curriculum in forestry
and a specific record of six years or more of practice in forestry of
a character satisfactory to the board and indicating that the applicant
is competent to practice forestry.
(B) The board shall issue licenses only to
applicants who meet the requirements of this section. However, no
person may register as a forester who has been convicted of a felony
or crime involving moral turpitude. However, the applicant may be
licensed by the board if:
(1) At least five years have passed since he was
convicted, sentenced, or released from incarceration, whichever is
later.
(2) No criminal charges are pending against
him.
(C) The completion of the junior year of a
curriculum in forestry in a school or college approved by the board
is equivalent to two years of practice. The completion of the senior
year of a curriculum in forestry, without graduation, in a school or
college approved by the board is equivalent to three years of practice.
(D) Beginning June 1, 1991, applicants shall take
the examination for registration.
Section 48-27-140. Applicants for registration
shall make application on forms prescribed and furnished by the
Board. The applications shall contain statements made under oath
showing the applicant's education and a detailed summary of his
technical work and shall include not less than five references, of
whom three or more must be foresters having personal or
professional knowledge of his forestry experience. The registration
fee for a license as a registered forester must be set by the Board by
regulation. Should the Board deny the issuance of a license to any
applicant, the initial fee deposited must be retained by the Board as
an application fee.
Section 48-27-150. When written examinations are
required, they shall be held at such time and place as the Board shall
determine. The methods of procedure shall be prescribed by the
Board. A candidate failing on examination may apply for
re-examination at the expiration of six months and will be
re-examined without payment of an additional fee. Subsequent
examination will be granted upon payment of a fee to be determined
by the Board.
Section 48-27-160. The Board shall issue a
license upon payment of a registration fee as provided for in this
chapter to any applicant who, in the opinion of the Board, has
satisfactorily met all of the requirements of this chapter. Licenses
shall show the full name of the registrant, shall have a serial number
and shall be signed by the chairman and the secretary of the Board
under seal of the Board. The issuance of a license by the Board shall
be evidence that the registrant is entitled to all the rights and
privileges of a registered forester while his license remains unrevoked
or unexpired.
Section 48-27-170. Registration shall be determined
upon a basis of individual personal qualifications. No firm, company,
partnership, or corporation shall be licensed.
Section 48-27-180. A person licensed to practice
forestry by a state or country whose requirements are commensurate
with the requirements of this State, upon payment of the fee
established pursuant to Section 48-27-140, may be registered and
licensed to practice forestry in this State, with renewal privileges set
forth in Section 48-27-190. The board shall deny licensure to a
person convicted of a felony or crime involving moral turpitude.
However, the applicant may be licensed by the board if:
(1) At least five years have passed since he was
convicted, sentenced, or released from incarceration, whichever is
later.
(2) No criminal charges are pending against
him.
Section 48-27-190. Licenses expire on the last
day of June following their issuance or renewal and are invalid on
that date unless renewed. The secretary of the board shall notify, at
his last registered address, every person registered under this chapter
of the date of the expiration of his license and the amount of the fee
required for its renewal for one year. The notice must be mailed at
least one month in advance of the date of the expiration. The board
shall set the annual renewal fee by regulation. Renewal of licenses for
the following year may be effected during June of the year in which
the license has been issued or renewed by the payment of the renewal
fee. The licenses also may be renewed during the ensuing three
months by the payment of an additional fee for each month or portion
of it that payment is delayed beyond June. The fee must be set by the
board by regulation. The board shall make an exception to the
renewal provisions for a person who is in the Armed Services of the
United States. The board shall develop regulations for continuing
education or other assessment of continued competence.
Section 48-27-195. Any registered forester shall place,
as soon as practically possible, any deposit money or other money
received by him in a forestry transaction in a separate trust or escrow
account maintained by him in a banking institution authorized to do
business in the State, where the funds must be kept until the
transaction has been consummated or otherwise terminated, at which
time a full accounting must be made by the registered forester.
Records relative to the deposit, maintenance, and withdrawal of the
funds must be properly maintained and be made available to a
representative of the South Carolina State Board of Registration for
Foresters upon request.
Section 48-27-200. The board may, upon proof that
grounds exist that the licensee has committed fraud, deceit, gross
negligence, incompetency, or other misconduct in connection with
any forestry practice, order the revocation or suspension of a license,
publicly or privately reprimand the holder of a license, or take any
other action short of revocation or suspension, such as requiring the
licensee to undertake additional professional training subject to the
direction and supervision of the board. The board may also impose
such restraint upon the practice of the licensee as circumstances
warrant until the licensee demonstrates to the board adequate
professional competence. The board may designate a person to
investigate and report to it upon any charges of fraud, deceit, gross
negligence, incompetency, or other misconduct in connection with
any forestry practice against any registrant as may come to its
attention. Any person may prefer charges of fraud, deceit, gross
negligence, incompetency, or misconduct in connection with any
forestry practice against any registrant. The charges must be in
writing and must be filed with the secretary of the board. All
charges, unless dismissed by the board as unfounded or trivial, must
be heard by the board as soon as a thorough investigation may be
made and a hearing scheduled. The time and place for the hearing
must be fixed by the board, and a copy of the charges, together with
a notice of the time and place of the hearing, must be personally
served on or mailed to the last known address of the registrant at least
thirty days before the date fixed for the hearing. At any hearing the
accused registrant may appear personally and by counsel, to
cross-examine witnesses appearing against him, and to produce
evidence and witnesses in his own defense. Any registrant whose
license has been sanctioned may apply for a review of the
proceedings with reference to the sanction of his license before an
Administrative Law Judge as provided under Chapter 23 of Title 1.
The review must be upon the record made before the board. Petition
for review of this act of the board must be served upon the board
within thirty days from the date of the service of the order or the
decision of the board upon the person. Upon service upon it of a
petition for review, the board shall within thirty days certify the
record made before it to an Administrative Law Judge as provided
under Chapter 23 of Title 1.
Section 48-27-210. A new license to replace any
license revoked, lost, destroyed, or mutilated, may be issued, subject
to the rules of the Board. A charge of three dollars shall be made for
such issuance.
Section 48-27-220. A roster, showing the names and
places of business of all registered foresters qualified according to the
provisions of this chapter, shall be prepared by the secretary of the
Board during the month of July of each year. Copies of this roster
shall be mailed to each person so registered, placed on file with the
Secretary of State, and furnished to the public on request.
Section 48-27-230. Plans, maps, specifications, and
reports issued by a registrant must be endorsed with his name and
license number. It is unlawful for a person to endorse any documents
after his license has expired or has been revoked. It also is unlawful
for a registered forester to endorse any plan, specification, estimate,
or map unless he has actually prepared the plan, specification,
estimate, or map or has been in actual charge of its preparation.
A person who violates the provisions of this section is
guilty of a misdemeanor and, upon conviction, must be fined in the
discretion of the court or imprisoned not more than two years, or
both.
Section 48-27-240. The secretary of the Board shall
receive and account for all moneys derived under the provisions of
this chapter and shall pay them to the State Treasurer, who shall keep
such moneys in a separate fund to be known as the fund of the State
Board of Registration for Foresters. Such fund shall be kept separate
and apart from all other moneys in the State Treasury and shall be
paid out only by warrants regularly drawn by the chairman and
secretary of the Board. All moneys in the fund of the State Board of
Registration for Foresters are hereby specifically appropriated for the
use of the Board. Under no circumstances shall the total amount of
warrants issued by the Comptroller General in payment of the
expenses and compensation provided for in this chapter exceed the
amount of the examination, registration, and renewal fees collected
as provided in this chapter.
Section 48-27-250. Except as specifically provided in
this chapter, a person who violates the provisions of this chapter is
guilty of a misdemeanor and, upon conviction, must be fined in the
discretion of the court or imprisoned not more than three years.
Section 48-27-260. The Board may, either before or
after the institution of criminal proceedings, institute civil action in
the circuit court, in the name of the State, for injunctive relief against
any person violating the provisions of this chapter, or the regulations
or orders of the Board. For each violation, the court may, in its
discretion, impose a fine of no more than ten thousand dollars and
order restitution to injured persons.
Section 48-27-05. Unless otherwise provided for in this
chapter, Article 1, Chapter 1 of Title 40 applies to foresters; however,
if there is a conflict between this chapter and Article 1, Chapter 1 of
Title 40, the provisions of this chapter control.
Section 48-27-10. The State Board of Registration of Foresters is
created whose duty it is to administer the provisions of this chapter.
The board shall consist of five registered foresters, each of whom
must be a resident of the State and have been engaged in the practice
of forestry for ten years or more and two nonforester members.
Recommendations must be made to the Governor by the Foresters
Council of South Carolina for the forestry members and by the South
Carolina Forestry Association for the nonforestry members. The
Governor also shall consider nominations from any other individual,
group, or association. All members of the board must be appointed
by the Governor, with the advice and consent of the Senate. On the
expiration of a member's term, three nominees for the position must
be submitted by the designated entity to the Governor from which the
Governor shall appoint a member. A vacancy occurring for a reason
other than the expiration of a term must be filled by the Governor
from three nominees recommended by the designated entity to fill the
unexpired portion of the term. If the Governor fails to make an
appointment within ninety days after expiration of a term, the board
shall make the necessary appointment. Members shall serve terms of
five years and until their successors are appointed and qualify.
Before beginning a term of office, each member shall file with the
Secretary of State a written oath or affirmation for the faithful
discharge of the official duties of the board.
Section 48-27-20. For purposes of this chapter:
(1) 'Board' means the State Board of Registration of Foresters.
(2) 'Forestry' or 'practice of forestry' includes, but is not limited
to, any professional service relating to forestry including, but not
limited to, consultation, investigation, evaluation, planning, or
responsible supervision of forest management, protection,
silviculture, measurements, utilization, economics, education, or
other forestry activities in connection with any public or private
lands.
(3) 'Registered forester' means a person registered as a
forester and to whom a license is issued pursuant to this chapter to
engage in the practice of forestry.
(4) 'Timber transaction' means the purchase or sale of commercial
forest products.
Section 48-27-30. (A) No person shall use in connection with his
name or otherwise assume, use, or advertise any title or description
tending directly or indirectly to convey the impression that the person
is a registered forester, without first having been registered as
provided for in this chapter.
(B) Notwithstanding any provision of this chapter, nothing in this
chapter may be construed to prevent or prohibit a person from
managing or otherwise conducting the practice of forestry on land
owned by the person. Nothing in this chapter may be construed to
prevent or prohibit a professional employee of a public agricultural
agency from rendering forestry information, education,
demonstration, and conservation planning in the line of duty if the
employee does not represent himself to be a registered forester.
(C) Nothing in this chapter may prohibit a nonregistered person
from performing forestry work if the person works under the
supervision of a registered forester.
(D) This chapter applies to foresters employed by the State.
Section 48-27-50. (A) The board shall prescribe in regulation the
period for registration and procedures for license renewal. A license
is invalid on the date of expiration unless renewed. At least thirty
days before expiration, the board shall notify each registrant, at the
registrant's last address on file with the board, of the date of the
expiration of the license and the amount of the fee required for
renewal. The board shall provide an exception to the renewal
provisions for a person who is in the Armed Services of the United
States. The board shall establish in regulation licensure, renewal, and
other applicable fees and requirements for continuing education.
(B) A license must be numbered, must state the full name of the
registrant, and must be signed by the chairman and the secretary of
the board under seal of the board.
(C) A license number retired, for any reason, must not be reissued.
(D) A roster containing the name and places of business of all
registered foresters must be prepared annually.
(E) Annually, before June thirtieth, the board shall submit to the
Governor a report of its activities for the preceding year.
Section 48-27-60. The Governor may remove a member of the
board in accordance with Section 1-3-240.
Section 48-27-70. The board shall adopt and have an official seal.
Section 48-27-80. For the purpose of conducting an investigation
or proceeding under this chapter, the board or a person designated by
the board may subpoena witnesses, take evidence, and require the
production of any documents or records which the board considers
relevant to the inquiry. A witness called or subpoenaed by the board
shall receive the same compensation and must be reimbursed for
expenses as provided for witnesses in the court of common pleas.
Section 48-27-90. If a board member files a complaint or conducts
the initial investigation, the board member must not participate in the
capacity as a board member at the hearing of the complaint.
Section 48-27-100. Restraining orders and cease and desist orders
must be obtained in accordance with Section 40-1-100.
Section 48-27-110. Plans, maps, specifications, and reports issued
by a registrant must be endorsed with the registrant's name and
license number. It is unlawful for a person to endorse a document
after the person's license has expired or has been revoked. It also is
unlawful for a registered forester to endorse a plan, specification,
estimate, or map unless the forester has actually prepared the plan,
specification, estimate, or map or has been in actual charge of its
preparation.
Section 48-27-115. The board has jurisdiction over the actions of
registrants and former registrants as provided for in Section 40-1-115.
Section 48-27-120. In addition to the sanctions the board may
take against a person pursuant to Section 40-1-110, the board may
take disciplinary actions against a person as provided for in Section
40-1-120.
Section 48-27-130. As provided for in Section 40-1-130, the
board may deny registration to an applicant based on the same
grounds for which the board may take disciplinary action against a
registrant.
Section 48-27-140. Denial of registration as a forester for prior
criminal convictions must be in accordance with Section 40-1-140.
Section 48-27-150. A registrant under investigation for a
violation of this chapter or a regulation promulgated under this
chapter may voluntarily surrender the license in accordance with
Section 40-1-150.
Section 48-27-160. A person aggrieved by a final action of the
board may seek review of the decision in accordance with Section
40-1-160.
Section 48-27-180. All costs and fines imposed pursuant to this
chapter must be paid in accordance with and are subject to the
collection and enforcement provisions of Section 40-1-180.
Section 48-27-190. Communications made in connection with an
investigation or hearing relevant to a complaint against a forester are
privileged as provided for in Section 40-1-190.
Section 48-27-200. (A) Except as specifically provided for in
this chapter, a person who violates a provision of this chapter is
guilty of a misdemeanor and, upon conviction, must be fined not
more than:
(1) three hundred dollars or imprisoned not more than thirty
days for a first offense;
(2) one thousand dollars or imprisoned not more than one year
for a second offense;
(3) two thousand five hundred dollars or imprisoned not more
than three years for a third or subsequent offense.
Section 48-27-210. In addition to initiating a criminal proceeding
for a violation of this chapter, the board also may seek civil and
injunctive relief pursuant to Section 40-1-210.
Section 48-27-230. (A) The board shall register a person as a
forester and issue a license for the practice of forestry to an applicant
if the applicant subsequent to June 1, 1991, successfully passed a
written examination designed to show knowledge and skill
approximating that obtained through graduation from an approved
four-year curriculum in forestry and has:
(1) graduated from a curriculum in forestry of four years or
more in a department, school, or college approved by the board,
resulting in a bachelor of science degree or an advanced degree and
has two or more years of experience in the practice of forestry of a
character satisfactory to the board and indicating that the applicant is
competent to practice forestry; or
(2) six years or more experience in the practice of forestry of
a character satisfactory to the board and indicating that the applicant
is competent to practice forestry.
For purposes of this subsection, the completion of the junior year
of a curriculum in forestry in a school or college approved by the
board is equivalent to two years of practice. The completion of the
senior year of a curriculum in forestry, without graduation, in a
school or college approved by the board is equivalent to three years
of practice.
(B) No person may be registered as a forester if the person has
been convicted of a felony or crime involving moral turpitude;
however, the applicant may be registered by the board if at least five
years have passed since the person was convicted, sentenced, or
released from incarceration, whichever is later.
Section 48-27-240. (A) An applicant for registration as a forester
shall apply on forms prescribed and furnished by the board. The
application shall contain statements made under oath stating the
applicant's education and a detailed summary of the applicant's work
experience and shall include not fewer than five references, of whom
three or more must be foresters having personal or professional
knowledge of the applicant's forestry experience. The fee for
registration must be established by the board in regulation. If the
board denies registration to an applicant, the initial fee paid must be
retained by the board as an application fee.
(B) Written examinations must be held at such times and places as
the board determines. Examination procedures must be prescribed by
the board and subsequent examination must be granted upon payment
of a fee established by the board in regulation.
Section 48-27-250. A new license to replace a lost, destroyed, or
mutilated license may be issued, subject to regulations of the board,
and upon payment of a fee to be established by the board in
regulation.
Section 48-27-260. A person registered to practice forestry by a
state or country whose requirements are commensurate with the
requirements of this chapter, may be registered to practice forestry in
this State upon payment of the fee and with license renewal privileges
established pursuant to this chapter. However, if the person meets
the requirement of Section 48-27-230(A)(1) and was licensed or
registered in another state or country before June 1, 1991, regardless
of that state's or country's examination requirement, the person is not
required to pass an examination to be registered pursuant to this
section. The board shall deny registration to a person applying
pursuant to this section if the applicant has been convicted of a felony
or crime involving moral turpitude. However, the applicant may be
registered by the board if at least five years have passed since the
applicant was convicted, sentenced, or released from incarceration,
whichever is later.
Section 48-27-270. A registered forester shall place, by the close
of the next business day, any deposit money or other money received
by the forester as agent in a timber transaction in a separate trust or
escrow account maintained by the forester in a banking institution
authorized to do business in the State, and the funds must be kept in
the account until the transaction has been consummated or otherwise
terminated, at which time a full disclosure must be made to all parties
of the transaction. Contracts for timber transactions and all records
relative to the deposit, maintenance, and withdrawal of trust or
escrow account funds must be properly maintained and made
available to a representative of the South Carolina State Board of
Registration of Foresters upon request. A forester shall maintain
escrow records and contracts for timber transactions, properly signed
and dated, for a period of three years.
Section 48-27-280. (A) All terms of a timber transaction in
which a registered forester is involved must be in writing including,
but not limited to, the fee of the registered forester. This contract
must be maintained and available as provided for in Section
48-27-270.
(B) A registered forester who fails to comply with this
section may not bring an action at law or equity to enforce the
provisions of the agreement and is subject to the penalties provided
for in Section 48-27-200.
Section 48-27-290. If a provision of this chapter or the
application of a provision to a person or circumstance is held invalid,
the invalidity does not affect other provisions or applications of this
chapter which can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are
severable."
SECTION 2. This act takes effect upon approval by the
Governor./
Renumber sections to conform.
Amend title to conform.
HARVEY S. PEELER, JR., for Committee.
A BILL
TO AMEND TITLE 48, CHAPTER 27, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
LICENSING AND REGULATION OF FORESTERS, SO AS TO
CONFORM THIS CHAPTER TO THE STATUTORY
ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK
ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL
LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND AMONG
OTHER THINGS TO ESTABLISH MAXIMUM LIMITS ON
FINES AND IMPRISONMENT FOR VIOLATIONS, TO REVISE
EDUCATIONAL REQUIREMENTS FOR LICENSURE, AND TO
REQUIRE A WRITTEN CONTRACT BE EXECUTED TO
PERFORM SERVICES CONSIDERED THE PRACTICE OF
FORESTRY.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 27, Title 48 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"CHAPTER 27
Registration of Foresters
Section 48-27-10. (1) "Registered
forester" shall mean a person who has registered and qualified
under this chapter to engage in professional forestry practices as
defined in this section.
(2) "Forestry" or "practice of
forestry" shall mean any professional service relating to
forestry, such as consultation, investigation, evaluation, planning or
responsible supervision of forest management, protection,
silviculture, measurements, utilization, economics, education, or
other forestry activities in connection with any public or private
lands.
(3) "Board" shall mean the State
Board of Registration for Foresters, provided for by this chapter.
Section 48-27-20. A State Board of Registration
for Foresters is created whose duty it is to administer the provisions
of this chapter. The Board shall consist of five registered foresters,
recommended by the Foresters Council of South Carolina and two
nonforester members recommended by the South Carolina Forestry
Association, appointed by the Governor. The Governor shall also
consider nominations from any other individual, group, or
association. Each member of the Board must be commissioned by the
Governor and, before beginning his term of office, shall file with the
Secretary of State his written oath or affirmation for the faithful
discharge of his official duty. On the expiration of the term of any
member of the Board, three nominees for each position recommended
by the designated group must be submitted to the Governor from
which he shall appoint for a term of five years a Board member
having the qualifications required by Section 48-27-30 to take the
place of each member whose term on the Board is expiring. Any
vacancy occurring for a reason other than the expiration of office
must be filled by the Governor from three nominees recommended by
the designated group to fill the unexpired term of the member. If the
Governor fails to make appointment in ninety days after expiration
of any term, the Board shall make the necessary appointment. Each
member shall hold office until the expiration of the term for which he
is appointed and until a successor is duly appointed and qualifies.
Section 48-27-30. Each member of the Board must
be a citizen of the United States and a resident of this State. Each
registered forester member must have been engaged in the practice of
forestry for at least ten years.
Section 48-27-40. Every member of the Board
shall receive a per diem allowance when actually attending to the
work of the Board or any of its committees and for the time spent in
necessary travel and, in addition thereto, shall be reimbursed for all
actual traveling, incidental and clerical expenses necessarily incurred
in carrying out the provisions of this chapter.
Section 48-27-50. The Governor may remove any
member of the Board for misconduct, incompetency, or neglect of
duty.
Section 48-27-60. The Board shall hold at least
two regular meetings each year. Special meetings shall be held at
such time and place as the bylaws of the Board may provide. Notice
of all meetings shall be given in such manner as the bylaws may
provide. The Board shall elect or appoint annually the following
officers: A chairman, a vice-chairman, and a secretary.
Section 48-27-70. A secretary to the board shall
give a surety bond to the State in such sum as the Director of the
Department of Labor, Licensing, and Regulation may determine. The
premium on such bond shall be regarded as a proper and necessary
expense of the board and shall be paid out of the fund of the Board
of Registration for Foresters. The secretary shall receive such salary
as the Director of the Department of Labor, Licensing, and
Regulation shall determine in addition to the expenses provided for
in Section 48-27-40.
Section 48-27-80. The Board may adopt and
amend all bylaws and rules of procedure, not inconsistent with the
Constitution and laws of this State, which may be reasonably
necessary for the proper performance of its duties and the regulation
of the proceedings before it.
Section 48-27-90. The Board shall adopt and have
an official seal.
Section 48-27-100. In carrying into effect the
provisions of this chapter the Board may, under the hand of its
chairman and seal of the Board, subpoena witnesses and compel their
attendance and may also require the production of books, papers, and
documents in a case involving the revocation of a license or
practicing or offering to practice without a license under the title of
registered forester. Any member of the Board may administer oaths
or affirmations to witnesses appearing before the Board. Such
witnesses officially called by the Board shall receive the same
compensation and shall be reimbursed for expenses as is provided for
witnesses in the court of common pleas in the county in which this
Board may sit.
Section 48-27-110. The Board shall keep a record
of its proceedings and a register of all applications for registration,
which register shall show (a) the name, age, and residence of each
applicant, (b) the date of the application, (c) the place of business of
such applicant, (d) his educational and other qualifications, (e)
whether or not an examination was required, (f) whether the
application was rejected, (g) whether a license was granted, (h) the
date of the action of the Board and (I) such other information as may
be deemed necessary by the Board. The records of the Board shall be
prima facie evidence of the proceedings of the Board set forth
therein, and a transcript thereof duly certified by the secretary of the
Board under seal shall have the same force and effect as if the
original were produced. Annually, as of June thirtieth, the Board
shall submit to the Governor a report of its transactions of the
preceding year.
Section 48-27-120. (1) No person shall
use in connection with his name or otherwise assume, use or
advertise any title or description tending directly or indirectly to
convey the impression that he is a registered forester, without first
having been licensed and registered as a registered forester as
provided in this chapter.
(2) Except as specifically authorized in this
section, no person shall engage in the practice of professional forestry
as defined in this chapter or in any manner advertise or hold himself
out as engaged in such practice without first being licensed as a
registered forester under this chapter.
(3) Notwithstanding subsection (2) of this section
or any other provision of this chapter, nothing herein may be
construed as preventing or prohibiting any person from managing or
otherwise conducting forestry practices on land owned by him, nor
shall anything herein prohibit any regular employee from engaging
in professional or other forestry practices on lands owned by the
person. Also, notwithstanding subsection (2) of this section or any
other provision of this chapter, nothing herein may be construed as
preventing or prohibiting professional employees of public
agricultural agencies from rendering forestry information, education,
demonstration, and conservation planning in line of duty if the
employees do not represent themselves to be registered foresters
unless properly licensed or registered under the provisions of this
chapter.
(4) It is the purpose of this chapter to protect the
public by improving the standards relative to the practice of
professional forestry, and the provisions of this chapter apply to
foresters employed by the State.
(5) Nothing herein provided shall prohibit any
forestry work by unlicensed persons working under the supervision
of a registered forester.
Section 48-27-130. (A) The following are
minimum evidence satisfactory to the board that the applicant is
qualified for registration as a registered forester:
(1) graduation from a curriculum in forestry of
four years or more in a department, school, or college approved by
the board and a specific record of an additional two years' or more
experience in forestry of a character satisfactory to the board and
indicating that the applicant is competent to practice forestry; or
(2) successfully passing a written examination
designed to show knowledge and skill approximating that obtained
through graduation from an approved four-year curriculum in forestry
and a specific record of six years or more of practice in forestry of
a character satisfactory to the board and indicating that the applicant
is competent to practice forestry.
(B) The board shall issue licenses only to
applicants who meet the requirements of this section. However, no
person may register as a forester who has been convicted of a felony
or crime involving moral turpitude. However, the applicant may be
licensed by the board if:
(1) At least five years have passed since he was
convicted, sentenced, or released from incarceration, whichever is
later.
(2) No criminal charges are pending against
him.
(C) The completion of the junior year of a
curriculum in forestry in a school or college approved by the board
is equivalent to two years of practice. The completion of the senior
year of a curriculum in forestry, without graduation, in a school or
college approved by the board is equivalent to three years of practice.
(D) Beginning June 1, 1991, applicants shall take
the examination for registration.
Section 48-27-140. Applicants for registration
shall make application on forms prescribed and furnished by the
Board. The applications shall contain statements made under oath
showing the applicant's education and a detailed summary of his
technical work and shall include not less than five references, of
whom three or more must be foresters having personal or
professional knowledge of his forestry experience. The registration
fee for a license as a registered forester must be set by the Board by
regulation. Should the Board deny the issuance of a license to any
applicant, the initial fee deposited must be retained by the Board as
an application fee.
Section 48-27-150. When written examinations
are required, they shall be held at such time and place as the Board
shall determine. The methods of procedure shall be prescribed by the
Board. A candidate failing on examination may apply for
re-examination at the expiration of six months and will be
re-examined without payment of an additional fee. Subsequent
examination will be granted upon payment of a fee to be determined
by the Board.
Section 48-27-160. The Board shall issue a
license upon payment of a registration fee as provided for in this
chapter to any applicant who, in the opinion of the Board, has
satisfactorily met all of the requirements of this chapter. Licenses
shall show the full name of the registrant, shall have a serial number
and shall be signed by the chairman and the secretary of the Board
under seal of the Board. The issuance of a license by the Board shall
be evidence that the registrant is entitled to all the rights and
privileges of a registered forester while his license remains unrevoked
or unexpired.
Section 48-27-170. Registration shall be
determined upon a basis of individual personal qualifications. No
firm, company, partnership, or corporation shall be licensed.
Section 48-27-180. A person licensed to practice
forestry by a state or country whose requirements are commensurate
with the requirements of this State, upon payment of the fee
established pursuant to Section 48-27-140, may be registered and
licensed to practice forestry in this State, with renewal privileges set
forth in Section 48-27-190. The board shall deny licensure to a
person convicted of a felony or crime involving moral turpitude.
However, the applicant may be licensed by the board if:
(1) At least five years have passed since he was
convicted, sentenced, or released from incarceration, whichever is
later.
(2) No criminal charges are pending against
him.
Section 48-27-190. Licenses expire on the last
day of June following their issuance or renewal and are invalid on
that date unless renewed. The secretary of the board shall notify, at
his last registered address, every person registered under this chapter
of the date of the expiration of his license and the amount of the fee
required for its renewal for one year. The notice must be mailed at
least one month in advance of the date of the expiration. The board
shall set the annual renewal fee by regulation. Renewal of licenses for
the following year may be effected during June of the year in which
the license has been issued or renewed by the payment of the renewal
fee. The licenses also may be renewed during the ensuing three
months by the payment of an additional fee for each month or portion
of it that payment is delayed beyond June. The fee must be set by the
board by regulation. The board shall make an exception to the
renewal provisions for a person who is in the Armed Services of the
United States. The board shall develop regulations for continuing
education or other assessment of continued competence.
Section 48-27-195. Any registered forester shall
place, as soon as practically possible, any deposit money or other
money received by him in a forestry transaction in a separate trust or
escrow account maintained by him in a banking institution authorized
to do business in the State, where the funds must be kept until the
transaction has been consummated or otherwise terminated, at which
time a full accounting must be made by the registered forester.
Records relative to the deposit, maintenance, and withdrawal of the
funds must be properly maintained and be made available to a
representative of the South Carolina State Board of Registration for
Foresters upon request.
Section 48-27-200. The board may, upon proof
that grounds exist that the licensee has committed fraud, deceit, gross
negligence, incompetency, or other misconduct in connection with
any forestry practice, order the revocation or suspension of a license,
publicly or privately reprimand the holder of a license, or take any
other action short of revocation or suspension, such as requiring the
licensee to undertake additional professional training subject to the
direction and supervision of the board. The board may also impose
such restraint upon the practice of the licensee as circumstances
warrant until the licensee demonstrates to the board adequate
professional competence. The board may designate a person to
investigate and report to it upon any charges of fraud, deceit, gross
negligence, incompetency, or other misconduct in connection with
any forestry practice against any registrant as may come to its
attention. Any person may prefer charges of fraud, deceit, gross
negligence, incompetency, or misconduct in connection with any
forestry practice against any registrant. The charges must be in
writing and must be filed with the secretary of the board. All
charges, unless dismissed by the board as unfounded or trivial, must
be heard by the board as soon as a thorough investigation may be
made and a hearing scheduled. The time and place for the hearing
must be fixed by the board, and a copy of the charges, together with
a notice of the time and place of the hearing, must be personally
served on or mailed to the last known address of the registrant at least
thirty days before the date fixed for the hearing. At any hearing the
accused registrant may appear personally and by counsel, to
cross-examine witnesses appearing against him, and to produce
evidence and witnesses in his own defense. Any registrant whose
license has been sanctioned may apply for a review of the
proceedings with reference to the sanction of his license before an
Administrative Law Judge as provided under Chapter 23 of Title 1.
The review must be upon the record made before the board. Petition
for review of this act of the board must be served upon the board
within thirty days from the date of the service of the order or the
decision of the board upon the person. Upon service upon it of a
petition for review, the board shall within thirty days certify the
record made before it to an Administrative Law Judge as provided
under Chapter 23 of Title 1.
Section 48-27-210. A new license to replace any
license revoked, lost, destroyed, or mutilated, may be issued, subject
to the rules of the Board. A charge of three dollars shall be made for
such issuance.
Section 48-27-220. A roster, showing the names
and places of business of all registered foresters qualified according
to the provisions of this chapter, shall be prepared by the secretary of
the Board during the month of July of each year. Copies of this roster
shall be mailed to each person so registered, placed on file with the
Secretary of State, and furnished to the public on request.
Section 48-27-230. Plans, maps, specifications,
and reports issued by a registrant must be endorsed with his name and
license number. It is unlawful for a person to endorse any documents
after his license has expired or has been revoked. It also is unlawful
for a registered forester to endorse any plan, specification, estimate,
or map unless he has actually prepared the plan, specification,
estimate, or map or has been in actual charge of its preparation.
A person who violates the provisions of this section is
guilty of a misdemeanor and, upon conviction, must be fined in the
discretion of the court or imprisoned not more than two years, or
both.
Section 48-27-240. The secretary of the Board
shall receive and account for all moneys derived under the provisions
of this chapter and shall pay them to the State Treasurer, who shall
keep such moneys in a separate fund to be known as the fund of the
State Board of Registration for Foresters. Such fund shall be kept
separate and apart from all other moneys in the State Treasury and
shall be paid out only by warrants regularly drawn by the chairman
and secretary of the Board. All moneys in the fund of the State Board
of Registration for Foresters are hereby specifically appropriated for
the use of the Board. Under no circumstances shall the total amount
of warrants issued by the Comptroller General in payment of the
expenses and compensation provided for in this chapter exceed the
amount of the examination, registration, and renewal fees collected
as provided in this chapter.
Section 48-27-250. Except as specifically
provided in this chapter, a person who violates the provisions of this
chapter is guilty of a misdemeanor and, upon conviction, must be
fined in the discretion of the court or imprisoned not more than three
years.
Section 48-27-260. The Board may, either before
or after the institution of criminal proceedings, institute civil action
in the circuit court, in the name of the State, for injunctive relief
against any person violating the provisions of this chapter, or the
regulations or orders of the Board. For each violation, the court may,
in its discretion, impose a fine of no more than ten thousand dollars
and order restitution to injured persons.
Section 48-27-05. Unless otherwise provided for in this
chapter, Article 1, Chapter 1 of Title 40 applies to foresters; however,
if there is a conflict between this chapter and Article 1, Chapter 1 of
Title 40, the provisions of this chapter control.
Section 48-27-10. The State Board of Registration for Foresters is
created whose duty it is to administer the provisions of this chapter.
The board shall consist of five registered foresters, recommended by
the Foresters Council of South Carolina and two nonforester
members recommended by the South Carolina Forestry Association,
appointed by the Governor. The Governor shall also consider
nominations from any other individual, group, or association. Each
member of the board must be appointed by the Governor and, before
beginning the term of office, shall file with the Secretary of State a
written oath or affirmation for the faithful discharge of the official
duties of the board. On the expiration of the term of any member of
the board, three nominees for each position recommended by the
designated group must be submitted to the Governor from which he
shall appoint for a term of five years a board member having the
qualifications required by Section 48-27-40 to take the place of each
member whose term on the board is expiring. Any vacancy occurring
for a reason other than the expiration of office must be filled by the
Governor from three nominees recommended by the designated
group to fill the unexpired term of the member. If the Governor fails
to make appointment in ninety days after expiration of any term, the
board shall make the necessary appointment. Each member shall
hold office until the expiration of the term for which he is appointed
and until a successor is appointed and qualifies.
Section 48-27-20. For purposes of this chapter:
(1) 'Registered forester' means a person who has registered and
qualified under this chapter to engage in the professional practices of
forestry.
(2) 'Forestry' or 'practice of forestry' includes, but is not limited
to, any professional service relating to forestry including, but not
limited to, consultation, investigation, evaluation, planning, or
responsible supervision of forest management, protection,
silviculture, measurements, utilization, economics, education, or
other forestry activities in connection with any public or private
lands.
(3) 'Board' means the State Board of Registration for
Foresters.
Section 48-27-30. (A) No person shall use in connection with his
name or otherwise assume, use, or advertise any title or description
tending directly or indirectly to convey the impression that he is a
registered forester, without first having been licensed and registered
as a registered forester as provided in this chapter.
(B) Notwithstanding any provision of this chapter, nothing herein
may be construed as preventing or prohibiting any person from
managing or otherwise conducting forestry practices on land owned
by him. Nothing herein may prohibit any regular employee from
engaging in professional or other forestry practices on lands owned
by the person. Notwithstanding any other provision of this chapter,
nothing herein may be construed as preventing or prohibiting
professional employees of public agricultural agencies from
rendering forestry information, education, demonstration, and
conservation planning in the line of duty if the employees do not
represent themselves to be registered foresters unless properly
licensed or registered under the provisions of this chapter.
(C) Nothing herein provided may prohibit any forestry work by
unlicensed persons working under the supervision of a registered
forester.
Section 48-27-40. Each member of the board must be a citizen of
the United States and a resident of this State. Each registered forester
member must have been engaged in the practice of forestry for at
least ten years.
Section 48-27-50. (A) Licenses expire on the last day of June
following their issuance or renewal and are invalid on that date unless
renewed. The board shall notify, at his last registered address, every
person registered under this chapter of the date of the expiration of
his license and the amount of the fee required for its renewal for one
year. The notice must be mailed at least one month in advance of the
date of the expiration. The board shall set the annual renewal fee by
regulation. Renewal of licenses for the following year may be
effected during June of the year in which the license has been issued
or renewed by the payment of the renewal fee. The licenses also may
be renewed during the ensuing three months by the payment of an
additional fee for each month or portion of it that payment is delayed
beyond June. The fee must be set by the board by regulation. The
board shall make an exception to the renewal provisions for a person
who is in the Armed Services of the United States. The board shall
develop regulations for continuing education or other assessment of
continued competence.
(B) Licenses shall show the full name of the registrant, shall have
a serial number and must be signed by the chairman and the secretary
of the board under seal of the board.
(C) License numbers retired, for any reason, must not be used
again.
(D) A roster, showing the name and places of business of all
registered foresters qualified according to the provisions of the
chapter, must be prepared annually.
(E) Annually, as of June thirtieth, the board shall submit to the
Governor a report of its transactions of the preceding year.
Section 48-27-60. The Governor may remove any member of the
board in accordance with Section 1-3-240.
Section 48-27-70. The board shall adopt and have an official seal.
Section 48-27-80. For the purpose of conducting an investigation
or proceeding under this chapter, the board or a person designated by
the board may subpoena witnesses, take evidence, and require the
production of any documents or records which the board considers
relevant to the inquiry.
Section 48-27-90. If a board member files a complaint or conducts
the initial investigation, the board member must not participate in the
capacity as a board member at the hearing of the complaint.
Section 48-27-100. Restraining orders and cease and desist orders
must be obtained in accordance with Section 40-1-100.
Section 48-27-110. Plans, maps, specifications, and reports issued
by a registrant must be endorsed with his name and license number.
It is unlawful for a person to endorse any documents after his license
has expired or has been revoked. It also is unlawful for a registered
forester to endorse any plan, specification, estimate, or map unless he
has actually prepared the plan, specification, estimate, or map or has
been in actual charge of its preparation.
Section 48-27-115. The board has jurisdiction over the actions of
registrants and former registrants as provided for in Section 40-1-115.
Section 48-27-120. In addition to the sanctions the board may
take against a person pursuant to Section 40-1-110, the board may
take disciplinary actions against a person as provided for in Section
40-1-120.
Section 48-27-130. As provided for in Section 40-1-130, the
board may deny registration to an applicant based on the same
grounds for which the board may take disciplinary action against a
licensee.
Section 48-27-140. Registration as a registered forester only may
be denied based on a person's prior criminal record as provided for
in Section 40-1-140.
Section 48-27-150. A registrant under investigation for a
violation of this chapter or a regulation promulgated under this
chapter may voluntarily surrender the registration in accordance with
Section 40-1-150.
Section 48-27-160. A person aggrieved by a final action of the
board may seek review of the decision in accordance with Section
40-1-160.
Section 48-27-170. Such witnesses officially called by the board
shall receive the same compensation and shall be reimbursed for
expenses as is provided for witnesses in the court of common pleas
in the county in which this board may sit.
Section 48-27-180. All costs and fines imposed pursuant to this
chapter must be paid in accordance with and are subject to the
collection and enforcement provisions of Section 40-1-180.
Section 48-27-190. Communications made in connection with an
investigation or hearing relevant to a complaint against a forester are
privileged as provided for in Section 40-1-190.
Section 48-27-200. (A) Except as specifically provided in this
chapter, a person who violates a provision of this chapter is guilty of
a misdemeanor and, upon conviction, must be:
(1) fined not more than three hundred dollars or imprisoned not
more than thirty days for a first offense;
(2) fined not more than one thousand dollars or imprisoned not
more than one year for a second offense;
(3) fined not more than two thousand five hundred dollars or
imprisoned not more than three years for a third or subsequent
offense.
Section 48-27-210. In addition to initiating a criminal proceeding
for a violation of this chapter, the board also may seek civil and
injunctive relief pursuant to Section 40-1-210.
Section 48-27-230. (A) The board shall issue a license for
registration as a registered forester if an applicant has:
(1) graduated from a curriculum in forestry of four years or
more in a department, school, or college approved by the board,
resulting in a bachelor of science degree or an advanced degree, and
a specific record of an additional two years' or more experience in
forestry of a character satisfactory to the board and indicating that the
applicant is competent to practice forestry; or
(2) successfully passed a written examination designed to show
knowledge and skill approximating that obtained through graduation
from an approved four-year curriculum in forestry and a specific
record of six years or more of practice in forestry of a character
satisfactory to the board and indicating that the applicant is
competent to practice forestry.
After June 30, 2003, all applicants must meet the requirements of
item (1).
(B) No person may be licensed as or register as a forester if the
person has been convicted of a felony or crime involving moral
turpitude; however, the applicant may be licensed by the board if at
least five years have passed since the person was convicted,
sentenced, or released from incarceration, whichever is later.
(C) The completion of the junior year of a curriculum in forestry
in a school or college approved by the board is equivalent to two
years of practice. The completion of the senior year of a curriculum
in forestry, without graduation, in a school or college approved by the
board is equivalent to three years of practice.
(D) Subsequent to June 1,1991, all applicants shall take the
examination for registration.
Section 48-27-240. (A) Applicants for registration shall make
application on forms prescribed and furnished by the board. The
applications shall contain statements made under oath showing the
applicant's education and a detailed summary of his technical work
and shall include not less than five references, of whom three or more
must be foresters having personal or professional knowledge of his
forestry experience. The registration fee for a license as a registered
forester must be set by the board in regulation. If the board denies
the issuance of a license to an applicant, the initial fee deposited must
be retained by the board as an application fee.
(B) If a written examination is required, it must be held at such
time and place as the board shall determine. The methods of
examination procedure must be prescribed by the board. Subsequent
examination must be granted upon payment of a fee to be determined
by the board.
Section 48-27-260. Registration must be determined upon a basis
of individual personal qualifications.
Section 48-27-270. (A) No licensee may perform services
considered to be the practice of forestry without first having a written
agreement or contract with the recipient of the services.
(B) A written agreement may not be required for a licensee to
conduct interviews and discussions, land exams for the purpose of
interviews, brief consultation, and other inquiries necessary in
forestry communication.
(C) The agreement must be specific and of sufficient detail to
indicate how and where services are to be accomplished, obligations
incumbent upon the licensee and recipient, fees, commissions, or
other charges, and the date of expiration or termination of the
agreement.
(D) When the licensee is employed by a firm, company, or public
agency, the agreement or contract may be between the recipient and
the firm, company, or public agency.
(E) The licensee shall provide a copy to the recipient of the
services and shall maintain accurate and complete files including
copies of agreements for service and the name and address of persons
to whom service is provided. These records must be kept on file for
three years and must be open for inspection by the board or its
designated agent upon request.
Section 48-27-280. A new license to replace any license lost,
destroyed, or mutilated, may be issued, subject to regulations of the
board. A fee to be determined by the board must be paid for the
replacement of a license.
Section 48-27-290. A person licensed to practice forestry by a
state or country whose requirements are commensurate with the
requirements of the board, upon payment of the fee established
pursuant to Section 48-27-240, may be registered and licensed to
practice forestry in this State, with renewal privileges as set forth in
Section 40-1-50. The board shall deny licensure to a person
convicted of a felony or crime involving moral turpitude. However,
the applicant may be licensed by the board if at least five years have
passed since the applicant was convicted, sentenced, or released from
incarceration, whichever is later.
Section 48-27-300. A registered forester shall place, by the close
of the next business day, any deposit money or other money received
by him as agent in a forestry transaction in a separate trust or escrow
account maintained by him in a banking institution authorized to do
business in the State, where the funds must be kept until the
transaction has been consummated or otherwise terminated, at which
time a full disclosure must be made to all parties of the transaction.
Records relative to the deposit, maintenance, and withdrawal of the
funds must be properly maintained and be made available to a
representative of the South Carolina State Board of Registration for
Foresters upon request. All foresters must maintain accurate records
and contracts for timber transactions, properly signed and dated, for
a period of three years. Copies of all contracts and other related
documentation for all transactions must be provided to the board or
its agents upon request.
Section 48-27-350. If a provision of this chapter or the
application of a provision to a person or circumstance is held invalid,
the invalidity does not affect other provisions or applications of this
chapter which can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are
severable."
SECTION 2. This act takes effect upon approval by the Governor.
-----XX----- |