BP BHEAD INT H

AN ACT Relating to consulting foresters; adding a new chapter to Title 18 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. Only a person who is licensed under this chapter may practice or offer to practice forestry on a consulting basis for compensation.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Board" means the state board of licensing for consulting foresters.

(2) "Director" means the director of licensing.

(3) "Forestry" means the art and science of managing forest lands for the production of commodity and amenity products and services, including: (a) Formulation of forest or timber management plans; (b) inventory of forest products; (c) appraisal or evaluation of forest products or forest land; (d) preparation for sale of forest products; (e) preparation and administration of forest products sale contracts; (f) supervision for silvicultural projects such as site preparation, planting, thinning, or trail construction; (g) preparation, layout, and supervision of forest road construction; (h) being an expert witness in litigation or arbitration; and (i) being an expert witness in public or private forest land use policy discussion.

NEW SECTION. Sec. 3. There is created a state board of licensing for consulting foresters. The board shall consist of three consulting foresters and two members of the general public. Members of the board shall be appointed by the governor and must be residents of this state.

No public member of the board may be a past or present member of any other licensing board under this title. No public member may make his or her own livelihood from, nor have a parent, spouse, or child make their respective livelihood from providing consulting forester services, or from enterprises dealing in consulting forestry.

The consulting forester members of the board must, while serving on the board, be actively engaged in their profession or trade and, immediately preceding appointment, have had at least five years experience in responsible charge of work or teaching within their profession or trade.

NEW SECTION. Sec. 4. The members of the first board shall serve for the following terms:

One member for one year, one member for two years, one member for three years, one member for four years, and one member for five years from the date of appointment or until successors are appointed and qualified. Every member of the board shall receive a certificate of his or her appointment from the governor and before beginning his or her term of office shall file with the secretary of state his or her written oath or affirmation for the faithful discharge of his or her official duties. On the expiration of the term of each member, the governor shall appoint a successor to serve for a term of five years, or until a successor has been appointed and qualified. No member shall serve more than ten consecutive years.

The governor may remove any member of the board for cause. Vacancies in the board for any reason shall be filled by appointment for the unexpired term. In carrying out the provisions of this chapter, the members of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses according to the provisions of RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 5. The board shall adopt rules for its own organization and procedure and other rules as necessary for the performance of its duties. Three members of the board constitute a quorum for the conduct of any business of the board.

The board may conduct hearings concerning alleged violations of this chapter. In conducting hearings, the chairman of the board, or any member of the board acting in his or her place, may administer oaths or affirmations to witnesses appearing before the board, subpoena witnesses and compel their attendance, and require the production of books, records, papers and documents. If any person refuses to obey any subpoena issued, or refuses to testify or to produce any books, records, papers or documents required to be produced, the board may present a petition to the superior court of the county in which the person resides, setting forth the facts, and the court may enter an order compelling compliance with this chapter and imposing other terms and conditions as the court may deem equitable.

NEW SECTION. Sec. 6. (1) To be eligible for licensing as a consulting forester, an applicant must:

(a)(i) Have completed a four-year course of study in forestry or a related field and graduated from a college or school approved by the board as offering a curriculum in forestry or a related field; or

(ii) Demonstrate adequate knowledge, expertise, and experience in forestry management by passing an examination given by the board; and

(b) Have a minimum of five years in any combination of training and experience in forestry management under the supervision of a consulting forester.

(2) Licensing under this chapter is on an individual, personal basis. The director may not register any firm, company, partnership, corporation, or public agency. Corporate practice is not permitted under this chapter.

NEW SECTION. Sec. 7. An application for a consulting forester shall be filed with the director before the date set for examination.

The application fee shall be determined by the director as provided in RCW 43.24.086 and shall include a nonrefundable examination fee, and a fee for issuance of the license.

The application fee for reexamination shall be determined by the director as provided in RCW 43.24.086 and shall include a nonrefundable examination fee and a fee for issuance of the license.

The examination fee must be filed with the director not less than six days prior to the date set for examination.

NEW SECTION. Sec. 8. Examinations of applicants for licenses shall be held at least annually or at such times and places as the board may determine. The board shall determine from the examination and the material submitted with the application whether or not an applicant possesses sufficient knowledge, ability, and moral fitness to safely and properly practice consulting forestry and to hold himself or herself out to the public as qualified for that practice.

The scope of the examination and methods of procedure shall be prescribed by the board with special reference to timber management, including the ability to evaluate timber, appropriate contracts, applicable state statutes and rules, including labor and industries, and similar subjects necessary to the practice of consulting forestry. The examination shall consider regional differences in timber management that exist within the state.

The board may determine the standard for passing grades computed on a scale of one hundred percent. A consulting forester license shall be granted by the director to all qualified applicants who are certified by the board as having passed the required examination and as having given satisfactory proof of completion of the required experience.

NEW SECTION. Sec. 9. The board shall adopt continuing education requirements for holders of consulting forester licenses.

NEW SECTION. Sec. 10. The director may suspend or revoke a consulting forester license upon the grounds that the holder of the license:

(1) Fails to comply with the continuing education requirements of section 9 of this act;

(2) Is impersonating a practitioner or former practitioner;

(3) Is guilty of fraud, deceit, gross negligence, gross incompetency, or gross misconduct in the practice of consulting forestry;

(4) Has committed fraud in applying for or obtaining a license;

(5) Is an employee of a public agency which regulates or oversees timber-related or forestry-related matters and has provided forestry services in a nonofficial capacity;

(6) Has, directly or indirectly through another person or entity, purchased or attempted to purchase timber from a landowner while providing forestry services for the landowner; or

(7) Has, directly or indirectly through another person or entity, received consideration for providing forestry services in an amount exceeding the amount claimed as compensation for the services provided.

NEW SECTION. Sec. 11. The board is authorized to apply for relief by injunction without bond to restrain a person from committing any act which is prohibited by this chapter. The members of the board shall not be personally liable for their actions in any such proceeding or in any other proceeding instituted by the board under this chapter. The board may cause prosecution to be instituted in any county or counties where a violation of this chapter occurs and shall aid in the prosecution of the violator.

NEW SECTION. Sec. 12. A person who violates any of the provisions of this chapter is guilty of a misdemeanor.

NEW SECTION. Sec. 13. Sections 1 through 12 of this act shall constitute a new chapter in Title 18 RCW.