Current through Register 1531, September 27, 2024
(1)
Revocation/Suspension. The Director of State Parks and
Recreation may revoke or suspend a forester's license to practice forestry
within the Commonwealth upon a finding that the forester has engaged in fraud,
negligence, deceit, incompetence, unprofessional conduct or gross misconduct in
the practice of forestry, or for any offense against the laws of the
Commonwealth relating thereto. The Director may initiate proceedings under 302
CMR 14.05(3) upon receipt of notice that a Licensed Forester has been found
guilty of or in violation of any forestry related federal, state, or municipal
law or regulation.
(2)
Hearings. A Licensed Forester has 30 days after
receipt of written notice of denial of renewal, suspension or revocation to
request that the Director of State Parks and Recreation hold a hearing. Failure
to request a hearing within 30 days of receipt of a notice of suspension or
revocation shall result in automatic suspension or revocation of the license.
The Director of State Parks and Recreation shall hold a hearing within 30 days
of receipt of a request for a hearing, and shall provide reasonable notice of
said hearing to the Licensed Forester.
(3)
Initiation of Investigatory
Proceedings.
(a) Any person may
file a complaint with the Director of State Parks and Recreation or the
Forester Licensing Board concerning the conduct of a Licensed Forester. The
Forester Licensing Board shall refer all complaints filed with it to the
Director of State Parks and Recreation. The Director shall initiate proceedings
under 302 CMR 14.05(3) upon receipt of a properly filed complaint. A properly
filed complaint shall:
1. be in writing and
shall be either hand-delivered or mailed certified mail/return receipt
requested to the Director of State Parks and Recreation or the Forester
Licensing Board, Department of Conservation and Recreation; and
2. contain the name and current address of
the complainant, and shall set forth:
a. the
name of the Licensed Forester whose actions are the source the
complaint;
b. the specific facts or
circumstances giving rise to the complaint;
c. the particular action or conduct in
question; and
d. any provisions of
federal, state or local law and regulation on which the complaint is based.
The Director of State Parks and Recreation shall send a copy of
the complaint to the Licensed Forester who is the subject of the complaint by
certified mail/return receipt requested to the last address on file with the
Division, and to the FLB.
(b) The Director of State Parks and
Recreation shall review the complaint and determine whether proceedings to
investigate the conduct of the Licensed Forester are warranted, and if so,
request the FLB to initiate an investigation and render a decision in the
matter.,
(4)
Investigation.
(a)
The chair of the FLB shall appoint one of the members of the FLB, or some other
person or persons, to act as an investigator in the particular case, and shall
forthwith notify in writing both the Licensed Forester against whom the
complaint is registered and the complainant of that appointment.
(b) If a member of the FLB files the initial
complaint, that member must excuse himself or herself from all proceedings and
deliberations pertaining to the complaint.
(c) The investigator shall:
1. contact and question each party
individually about the complaint and take such other actions as the
investigator deems appropriate to investigate the charges;
2. interview any other persons deemed
appropriate;
3 provide to the FLB a
written report containing a summary of the evidence that, in the opinion of the
investigator, could be proved at a disciplinary hearing; and
4. distribute copies of the investigative
report to each member of the FLB.
(5)
FLB Decision and
Appeal.
(a) The FLB shall review
the investigator's report, and shall make a recommendation to the Director of
State Parks and Recreation whether or not to reprimand, limit, restrict,
suspend, or revoke the Licensed Forester's license. The Director shall inform
the Licensed Forester and the complainant(s) of the Director's decision by
certified mail/return receipt requested.
(b) The Licensed Forester shall have 14 days
after receipt of the Director of State Parks and Recreation's decision to file
an appeal with the Director.
(c) If
there is an appeal, the Director of State Parks and Recreation shall conduct an
adjudicatory proceeding in conformance with M.G.L. c. 30A.
(6)
Record.
(a) Any decision or recommendation by the FLB
on matters considered pursuant to 302 CMR 14.05 shall be by majority vote. Upon
issuance, the FLB shall transmit any recommendation under 302 CMR 14.05(6), in
writing, to the Director of State Parks and Recreation.
(b) In the event of suspension or revocation,
a copy of the FLB's recommendation and Director of State Parks and Recreation's
order shall be issued at the expiration of the appeal period or after an
adjudicatory proceeding to the equivalent body of each state in which the
respondent Licensed Forester is licensed to practice.
(7)
Voluntary Surrender by a
Licensed Forester.
(a) A Licensed
Forester who is the subject of a complaint or an investigation into allegations
of misconduct may voluntarily surrender his or her license. The Licensed
Forester shall deliver to the Director of State Parks and Recreation, an
affidavit stating that the Licensed Forester desires to voluntarily surrender
the license and that:
1. The surrender is
freely and voluntarily rendered;
2.
The Licensed Forester is not being subjected to coercion or duress;
3. The Licensed Forester is aware of the
implications of the surrender and agrees to the terms of the voluntary
surrender as set forth by the Director of State Parks and Recreation;
4. The Licensed Forester is aware that there
is presently pending an investigation into allegations that the Licensed
Forester has been guilty of misconduct, the nature of which the Licensed
Forester shall specifically set forth; and,
5. The Licensed Forester acknowledges that
the material facts upon which the complaint is predicated are true.
(8)
Reinstatement.
(a)
Unless ordered otherwise by the Director of State Parks and Recreation a person
previously licensed as a Licensed Forester by the Director may:
1. apply for reinstatement of a revoked or
voluntarily surrendered license after two years have passed from the date of
revocation; or,
2. apply for
reinstatement or return to good standing following a period of license
suspension or probation not sooner than two months prior to the expiration of
the period of suspension or probation ordered by the Director of State Parks
and Recreation, or consented to by the applicant.
(b) If the Director of State Parks and
Recreation denies an application for reinstatement, an applicant may not
re-apply to the Director of State Parks and Recreation, for reinstatement until
at least six months have passed since the date of denial of the application,
unless otherwise ordered by the Director.
(9)
Notice of Director of State
Parks and Recreation's Decision. If the FLB recommends that the
Director of State Parks and Recreation reprimand the Licensed Forester, or
limit, restrict, suspend, or revoke a license, then at the expiration of the
appeal period or upon the completion of an adjudicatory proceeding, the
Director shall promptly issue a notice setting forth the full name of the
Licensed Forester, his or her professional address as it appears in the records
of the FLB, and the fact that discipline has been imposed. Said notice shall
state that the license has been revoked or voluntarily surrendered pursuant to
302 CMR 14.05, or that the license has been suspended and the time during which
the Director's disciplinary action shall be in effect, or that a disciplinary
action has been imposed, whichever is appropriate. The notice shall specify
whether the license has been limited or restricted and the terms thereof which
relate to the time, place or manner in which the Licensed Forester may
practice. 302 CMR 14.05 shall apply to disciplinary actions taken both with and
without the agreement of the Licensed Forester, and it shall not be waived by
the Director of State Parks and Recreation.
