New Hampshire Code of Administrative Rules
Fors - Board of Licensing for Foresters
Chapter Fors 500 - ETHICAL STANDARDS, PROFESSIONAL CONDUCT, ADMINISTRATIVE FINES AND LICENSE SURRENDER
Part Fors 501 - ETHICAL STANDARDS/PROFESSIONAL CONDUCT
Section Fors 501.03 - Standards of Conduct
Universal Citation: NH Admin Rules Fors 501.03
Current through Register No. 40, October 3, 2024
(a) The licensee shall:
(1) Not attempt to practice in any
professional field in which the licensee is not certified/registered/licensed
or competent;
(2) Undertake only
work for which the licensee is qualified by education and experience; and
(3) When serving as an expert or
technical witness before any court, commission, or other tribunal, express an
opinion only when it is founded upon adequate knowledge of the facts in issue,
upon a background of technical competence in the subject matter, and upon
honest conviction of the accuracy and propriety of the testimony.
(b) The licensee shall:
(1) Clearly identify himself or herself, his
or her employer, and in whose interest he or she is working;
(2) Disclose fully in writing to the client
any financial or purchase interest the licensee or the licensee's employer has
in the land or timber including the licensee or licensee's employers interest
in the stumpage or timber to be harvested and the relationship to the services
to be provided by the licensee;
(3)
Conscientiously avoid conflicts of interest or even the appearance of such
conflicts, and
(4) If despite such
precaution, a conflict of interest is discovered, it shall be promptly and
fully disclosed to the client/employer and the licensee shall be prepared to
act immediately to resolve the conflict.
(c) The licensee shall:
(1) Not knowingly issue a false statement or
false information;
(2) Advertise
only in truthful manner, stating the services the licensee is qualified and
prepared to perform;
(3) Not
falsify or permit misrepresentation or exaggerationof the licensee's or the
licensee's associates', academic or professional qualifications;
(4) Not misrepresent or exaggerate the
licensee's degree of responsibility in, or for the subject matter of prior
assignments;
(5) Not misrepresent
pertinent facts in brochures or other presentations incident to the
solicitation of employment concerning employers, employees, associates, joint
ventures, or the licensee or their past accomplishments with the intent and
purpose of enhancing the licensee's qualifications and work;
(6) Issue no statements, criticisms, or
arguments on forestry matters which are inspired or paid for by an interested
party, or parties, unless such comments are prefaced by explicit identification
of the licensee and by disclosing the identities of the party or parties on
whose behalf the licensee is speaking;
(7) Not attempt to injure by false statement
or dishonest action either directly or indirectly, the professional reputation,
prospects, or business of another; and
(8) Be objective and truthful in all
professional reports, statements or testimony, and include only relevant and
pertinent information in such reports, statements, or testimony.
(d) The licensee shall:
(1) Offer written documentation specifying
the services to be provided to the client by the licensee or under the
licensee's supervision, the land upon which the work will be performed, the
nature and scope of the work to be performed, and the time period within which
the work is to be performed;
(2)
Administer timber harvesting operations on behalf of a client or employer only
when written contracts are in place between the client or employer and the
third party purchasing stumpage;
(3) Disclose fully all direct or indirect
costs or obligations of services provided, by the licensee or under the
licensees supervision,including hourly or daily rates and commissions, as well
as exclusive contracts to sell forest products to certain individuals or
firms;
(4) Provide complete
services requested by client or disclose clearly that such services cannot be
provided;
(5) Not disclose
information concerning the affairs of the forester's client without the
client's express permission;
(6)
Not accept compensation or expenses from more than one employer/client for the
same service, unless the parties involved are informed and consent;
and
(7) Not solicit or accept
gratuities, directly or indirectly, from contractors, their agents, or other
parties dealing with the licensee's client in connection with the work for
which the licensee is responsible.
(e) The licensee shall:
(1) At all times in the performance of
services, abide by applicable federal, state and municipal laws and
regulations;
(2) When asked to
practice forestry which deviates from accepted professional standards, advise
the client or employer in writing in advance of the known consequences of such
deviation;
(3) While in public
service as a member, advisor, or employee of a governmental body or department,
not participate in considerations or actions with respect to private forestry
services provided by the licensee or by the licensee's organization;
(4) Unless the circumstances are fully
disclosed to all parties, not solicit or accept a forestry contract from a
government body on which a principal or officer of the licensee's organization
serves as a member;
(5) Not
contract for the completion of another licensee's contracted work unless
reasonable effort has been made to consult with the prior licensee by letter
sent via U.S. mail or electronic mail; and
(6) Not engage in or participate in
professional or business practices of a fraudulent or dishonest
nature.
(f) The licensee shall:
(1) Cooperate with investigations and
requests for information from the board and the board's
representatives;
(2) Present
information to the board of licensure for foresters for action, if the licensee
has evidence of unprofessional conduct of another forester provided that the
licensee possesses reasonably clear evidence that such misconduct is
occurring;
(3) If she/he possesses
reasonably clear evidence that a person is practicing forestry without a
license or otherwise violating
RSA
310-A:98-117, report said person to the
board;
(4) Submit only truthful and
correct information in any application or other document filed with or
statement made to the board;
(5)
Inform the board of a principal business/home address to which all official
board communications should be directed, and also of all addresses where he/she
is practicing forestry; and
(6)
Report to the board the establishment of a business/home address or the change
or abandonment of a business/home address within 30 days.
(g) The licensee shall:
(1) Not sell nor permit the use of a seal to
anyone, recognizing that the seal indicates the licensee's personal
responsibility for the work bearing the licensee's seal and;
(2) Not affix a signature and/or seal to any
map or document dealing with subject matter in which the licensee lacks
competence by virtue of education and/or experience;
(3) Not affix the licensee's signature and/or
seal to any map or document not prepared by licensee or under the licensee's
direct supervisory control; and
(4)
Affix seal to all plans, maps, reports prepared by the licensee and to all
contracts related to the practice of forestry.
#5222, eff 9-11-91; EXPIRED 9-11-97
New. #6597, INTERIM, eff 10-8-97, EXPIRED: 2-5-98
New. #6876, eff 10-28-98; ss by #8710, eff 8-25-06; ss by #10544, eff 3-13-14
Disclaimer: These regulations may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.