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burning prescription development, pre-fire preparation of the
site or sites, and to complete the prescribed burning of
wildlands.
"Project manager" means the designated officer of the Department
responsible for working with landowners, preparing prescribed
burning plans, determining cost-share ratios, preparing and
administering cost sharing contracts, providing leadership of
interagency planning to satisfy environmental requirements, and
evaluating the results to determine project effectiveness.
"Public benefit" means the improvement in overall welfare resulting
from an intentional change in the vegetative cover. Public
benefits from vegetation management include reduction of fire
hazards, breaking fire/flood cycles, increasing water yields for
any beneficial use, improving food and cover for wildlife,
increasing forage production for domestic livestock, protection
of forests, enhanced esthetics, improving of air quality and
recreation potential.
"Rangeland" means the land on which the existing vegetation,
whether growing naturally or through management, is suitable for
grazing and browsing. "Rangeland" includes any natural
grasslands, savannas, shrublands, deserts, woodlands, and
wetlands which support a vegetative cover of native grasses,
grass-like plants, forbs, shrubs, or naturalized species.
"Rangeland" is land that is dominated by vegetation other than
trees. Many woodlands (including Eastside ponderosa pine, pinyon,
juniper, chaparral, and oak woodlands) are included in
"rangelands" because their response to range management
principles and activities are similar to those of other shrubby
ecosystems.

PRC Sec.
Containing
Ref. Def.
"Riparian vegetation" means the plant species normally found
growing on the moist edges of streams and some lakes. These
plants normally have high water-use requirements and usually are
incapable of growing on dry hill slopes where they do not have a
moisture supply other than residual soil moisture. Typical
species include cottonwoods ( Populus Spp.), sycamores
( Platanus Spp.), willows ( Salix Spp.) bay or pepperwood
( Umbellularia californica), and alders ( Alnu s Spp.).
"Site preparation" means the action taken to prepare an area to be
burned under prescription. Such preparation may consist of
securing control points, providing access for equipment,
building temporary firelines and providing water sources.
"Smoke management" means the process of conducting a prescribed
burn under specified fuel moisture and meteorological
conditions, and using firing techniques that keep the smoke's
impact upon the environment within acceptable limits.
"Smoke sensitive areas" means a populated area, an airport, a
traveled road or highway, areas designated Class I for
visibility standards, or any place where smoke can adversely
effect the public health and welfare.
"Snag" means a standing dead tree or a standing section thereof,
regardless of species.
"Species diversity" means the variety or number of different plant
or animal species in an area.
"State Responsibility Area." 4125-4128
"Vegetation management" means the planned manipulation of living
and dead vegetation to achieve desired results and objectives.
"Watercourse" means any well-defined channel with distinguishable
bed and bank showing evidence of having contained flowing water
indicated by deposit of rock, sand, gravel or soil.
"Watercourse and lake protection zone." 14 CAC 912,
932, 952
"Watershed management" means the protection or enhancement of
vegetative cover to provide optimum water yields, to protect
water quality, and to minimize soil erosion, flood peaks and
downstream sediment damage.
"Wet meadows, marshes, and other wet areas" means those natural
areas, except cutover lands as defined in PRC 4522.5, that are
moist on the surface throughout most of the year and support
aquatic vegetation, grasses, or forbs.
"Wildland." 4464(a)
"Wildland fuel." 4464(b)
"Windrow" means plant material and/or debris that has been
mechanically or hand-piled into long, continuous rows.
"Zone" means the land use zone designated by the county where the
project is taking or will take place.


Note: Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 4475, 4475.5 and 4476, Public Resources Code; and 14 CAC 895.1.


s 1562. General Eligibility Criteria.
The Director may contract to do prescribed burning if all of the following conditions are met:
(a) The applicant is the owner of, or has legal control of, the property on which the project is proposed.
(b) The project is located on wildlands classified as State Responsibility Area and includes any land having a plant cover consisting principally of grasses, forbs, shrubs or trees.
(c) The applicant agrees to pay for that portion of the cost, as determined by the Director, to be the private share.
(d) Before any work begins, the participant deposits in a California-licensed financial institution funds equal to the Director's estimate of the private share, or agrees in writing to provide materials, services, equipment, or some combination thereof, in an amount equal to the private share.
(e) The purpose of the contract includes one or more of the purposes described in PRC 4475 (a)-(f).

Note: Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 4464, 4475 and 4476, Public Resources Code.


s 1563. Application.
A landowner applying for a cost sharing contract to finance a project should submit, with the assistance of a local CDF officer, an application on a form approved by the Director to the appropriate Department office. The completed application form shall include the following:
(a) the information necessary to identify the applicant as the owner or controller of the property;
(b) the information necessary to specifically identify the proposed project area;
(c) the zoning and intended use of the proposed project area;
(d) a description of the proposed project including, but not limited to, the number of acres to be treated by each method;
(e) a proposed project budget including, but not limited to, a description of the landowner's participation in terms of contributed materials, services, equipment by type and hours of use, and/or amount of direct cost payments;
(f) the environmental information required by the Director as part of the application;
(g) an erosion control and land management plan approved by the Director. The management plan shall include maps and descriptive material necessary to:
(1) determine if the proposed project will achieve the landowner's objectives and the purposes of the Act, CEQA, and other state laws; and
(2) evaluate the potential of the project to improve the management of the environment and natural resources including, but not limited to, recreation, esthetics, soils, timber, water, fish, and wildlife.

Note: Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 4461-4464, 4475-4478, Public Resources Code.


s 1564. Cost Sharing Schedules.
Pursuant to PRC 4475.5, the Director may enter into contracts with eligible landowners whereby the Director may share the cost of eligible chaparral management practices.
(a) The State may assume a proportionate share of the cost of site preparation and prescribed burning, not to exceed 90% of the total costs. The state's share of such costs shall bear the same ratio to the total costs of the operation as the public benefits bear to all public and private benefits from the operation as estimated and determined by the Director.
(b) In estimating and determining the public and private benefits, the Director shall be guided by the following standards:
(1) use of the formula:
X/T=(B1)/B1 + B2
X = state's share of cost
T = total project cost
B1 = estimate of public benefits
B2 = estimate of private benefits
and
X/T is not > 0.9
(2) benefits shall be limited to benefits occurring within ten years of the completion of the contract;
(3) benefits shall be divided into two classes: public and private. Public and private classes shall be further subdivided into seven categories: fire hazard reduction; water yields; watershed stabilization; wildlife habitat improvement; fisheries habitat improvement; air quality improvement; and range forage improvement;
(4) benefits shall be described qualitatively under each of these classes and categories, and, where feasible, shall be quantified and valued by department employees consistent with procedures to be enumerated in the Department's administrative manual;
(5) the Director shall arrange the projects in order of their priority for funding as money is available, consistent with Section 1566;
(6) all or part of the total costs to prepare the site or to conduct the burn, and which is the participant's share, may be met by the value of necessary materials, services, or equipment time and use. The above costs shall be determined by the Department, using the prevailing costs. (14 CAC 1564.1)

Note: Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 4464, 4475.5 and 4476, Public Resources Code.


s 1564.1. Prevailing Cost.
The Director shall submit annually to the Board a schedule of the prevailing costs to perform work eligible for cost sharing payments. The schedule shall apply to all cost sharing contracts signed in the next fiscal year. Amendments to prevailing costs schedules may be submitted to the Board by the Director at any time.

Note: Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 4464, 4475.5 and 4476(f), Public Resources Code.


s 1565. Application Review and Filing.
(a) The Director shall continuously accept and review, subject to available resources, applications for cost sharing contracts.
(b) Only when an application is complete and a project is eligible for cost sharing shall the Director file that application.

Note: Authority cited: Section 4475.5, Public Resources Code. Reference: Sections 4475 and 4475.5, Public Resources Code.


s 1565.1. Notice of Project Application.
The Director may provide notice above and beyond that already required by CEQA by sending copies of filed applications to owners of contiguous land, the Department of Fish and Game, the Department of Parks and Recreation, the appropriate county planning agency, the California Regional Water Quality Control Board, or any other agency with responsibilities related to the project, and the interested public.

Note: Authority cited: Section 4475.5 and 21092, Public Resources Code. Reference: Sections 4475.5 and 21092, Public Resources Code.


s 1565.2. Preliminary Project Review.
(a) Upon receipt of an application, the Department shall conduct a preliminary review of the project and shall:
(1) inspect such land in the presence of the applicant to determine whether a cost sharing contract shall be prepared and executed;
(2) determine the manner in which the site for each prescribed burn shall be prepared;
(3) determine the necessary precautions to prevent damage to the property of others by reason of such burning; and
(4) determine whether the plans are consistent with the Program EIR, or whether an additional environmental evaluation is required by CEQA to determine if the applicant, the parcel, and the specific practices proposed for the project satisfy the purposes and criteria set forth in the Act, these procedures, CEQA, and all other applicable state laws, regulations, and administrative procedures.
(b) If the Director is unable to make the determination set forth in Paragraph (a)(1) of this section, then the Director shall return the application to the applicant and state the additional conditions, if any, under which the Director would be able to make such a determination. Upon receiving the returned application, the applicant may either:
(1) incorporate such additional conditions into the proposed project and resubmit the application for preliminary review; or
(2) request that the Director personally reconsider his/her decision pursuant to 14 CAC 1568.

Note: Authority cited: Section 4475.5(b), Public Resources Code. Reference: Section 4475, Public Resources Code.


s 1566. Ranking and Approval of Filed Applications.
The Director shall periodically rank all filed applications for cost sharing contracts by considering, but not being limited to the following criteria: Projects having highest total scores, when all benefits are added, consistent with the provisions of 14 CAC 1564(b); determination that project location is of highest regional priority for fire hazard reduction. The Director shall then approve filed applications in order of priority, giving consideration to administrative constraints such as seasonal variations in applications and the availability of funds that might apply to different types of projects.

Note: Authority cited: Section 4475(b), Public Resources Code. Reference: Section 4475, Public Resources Code.


s 1567. Rejection of Application.
Whenever the Director rejects an application for a cost sharing project, or establishes conditions following a Preliminary Review that are unacceptable to the applicant, the Director shall return the application to the applicant and state the reasons for rejecting the application.

Note: Authority cited: Section 4475.5(b), Public Resources Code. Reference: Section 4475, Public Resources Code.


s 1568. Director's Decision Final.
(a) Within ten days of receipt of he returned application the applicant may request that the Director personally reconsider his/her decision of rejection. The request shall identify the applicant and the proposed project, and shall briefly state the applicant's reason for requesting reconsideration. The Director shall consider the application and all of the correspondence from interested parties in reviewing his/her decision.
(b) If the Director finds that his/her decision to reject the application conforms to these regulations, the Director shall uphold the decision. If the Director finds that his/her decision to reject the application does not conform to these regulations, the Director may approve the application.

Note: Authority cited: Section 4475.5(b), Public Resources Code. Reference: Section 4475, Public Resources Code.


s 1569. Resource Protection Guidelines.
Resource Protection Guidelines (14 CAC 1569.1, 1569.6) have been established for chaparral management in order to minimize damage from chaparral management practices. These guidelines shall be a part of the management plan submitted by an applicant. The management plan should demonstrate compliance with applicable sections of this article.

Note: Authority cited: Section 4475.5(b), Public Resources Code. Reference: Section 4475, Public Resources Code.


s 1569.1. Wildlife Protection.
(a) Riparian vegetation found along streams and lakes and within marshes, wet meadows, and other wet areas, shall be retained and protected except when managed as part of a fish and wildlife habitat improvement practice, and necessary measures to minimize damage from these practices have been implemented.
(b) All live trees and snags with visible evidence of use as nesting and roosting sites by rare, endangered, or threatened bird species, shall be left undisturbed. Participants are encouraged to leave all snags near streams, lakes and meadows undisturbed.
(c) No projects shall be performed on lands known to support populations of state-listed rare and endangered animals or plants unless an environmental review conducted according to 1565.2(a)(4) indicates that the proposed project(s) will improve such habitat.
(d) Participants are encouraged to retain some older, acorn-producing oaks, to create deer forage lanes in brushfields, and to plant other vegetation to promote species diversity and improve wildlife habitat when such practices are not in conflict with program goals.
(e) If existing vegetation, other than riparian species, is necessary to maintain stream temperatures, such vegetation shall not be removed.

Note: Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 4462, 4467, 4475, 21001(a), (b), (c), (f), 21002, Public Resources Code.


s 1569.2. Watercourse and Lake Protection.
(a) Throughout the course of the project, the applicant shall keep the watercourse and lake protection zone free of slash, debris, and other material that will harm fish, wildlife, or other beneficial uses of water. Accidental deposits shall be removed immediately.
(b) No tractors, trucks, cars, or other machinery shall be serviced adjacent to lakes or watercourses, or within wet meadows and other wet areas, or in other areas where such servicing will permit grease, oil, fuel, or other toxic substances to enter lakes, watercourses, or wet areas.
(c) Except when performing fish and wildlife habitat improvement practices or forest land conservation practices, heavy earth-moving equipment working on the project area shall be prohibited from working within 15.24m (50 feet) slope distance above the watercourse or lake protection zone. Wider protection zones may be required following an environmental review of the project conducted according to 14 CAC 1565.2(a)(4).
(d) The participant shall be responsible for complying with applicable sections of the Fish and Game Code and local ordinances.
(e) The project's impact on domestic water supplies shall be considered during the project design stage.

Note: Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 4462, 4467, 4475, 21001(a), (b), (c), (f), 21002, Public Resources Code.


s 1569.3. Wet Meadows, Marshes, and Other Wet Areas.
No activities shall be permitted in wet meadows, marshes, and other wet areas unless such activities are forest land conservation practices or fish and wildlife habitat improvement practices, and necessary measures to minimize damage from these practices have been implemented.

Note: Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 4462, 4467, 4475, 21001(a), (b), (c), (f), 21002, Public Resources Code.


s 1569.4. Erosion Control.
(a) Activities on identified geologic hazard areas shall be avoided.
(b) Brush removed from slopes with a bulldozer shall be windrowed along the contour. Windrowed brush may be disposed of by burning or any other appropriate methods prior to planting or seeding.
(c) Heavy equipment shall not be operated on the project area when soils are approaching field capacity, or when such activity would cause excessive soil damage.
(d) Heavy equipment shall not be operated on known potential or active slide areas.
(e) Planned type conversions from shrub species to grass shall be limited to situations that will neither cause accelerated erosion, nor contribute to landslides or other mass wasting, and that are edaphically appropriate.

Note: Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 4462, 4467, 4475, 21001(a), (b), (c), (f), 21002, Public Resources Code.


s 1569.5. Use of Chemicals.
The applicant shall assure that all chemicals used for site preparation and follow-up work shall be applied in accordance with all federal, state, and local laws and regulations.

Note: Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 21001(a), (b), (c), (f), 21002, Public Resources Code; Sections 14006 and 14011, Food and Agricultural Code.


s 1569.6. Smoke Management.
(a) Each project plan shall include a Smoke Management Plan. The Plan shall make provisions to prevent the significant deterioration of air quality through prescribed burning and to direct smoke away from smoke sensitive areas.
(b) The Plan shall follow the guideline and checklist of the Chaparral Management Environmental Impact Report.
(c) Local Air Pollution Control District rules with respect to smoke emissions will be followed.
(d) Each permit shall include the statement: "This permit is valid only on those days during which agricultural burning is not prohibited by the State Air Resources Board or by a district pursuant to Section 41855 of the Health and Safety Code."
(e) Burning shall only be allowed on Burn Days as determined by the Air Resources Board, except on areas declared to be fire hazards.
(f) A permit to burn on No-Burn days may be obtained from an Air Pollution Control District when denial to burn would threaten imminent and substantial economic loss.
(g) On burns prescribed to improve the wildlife habitat, a written statement shall first be obtained by the permittee from the Department of Fish and Game certifying that the burning is desirable and proper for the improvement of land for wildlife or game habitat. This statement shall be provided by the local Fish and Game Officer assigned to the project and will be filed with the local air pollution control officer.
(h) On completion of a burn, a report shall be submitted to the local district or APCO stating the following information:
(1) Date of the burn
(2) Type of vegetation burned
(3) Estimated acreage or tonnage of vegetation burned.

Note: Authority cited: Section 4475.5(b), Public Resources Code; Section 13055 and 41801, Health and Safety Code. Reference: Sections 4141, 4142, 21000, 21001(a), (b), (c), (f), and 21002, Public Resources Code.




s 1600. Definitions.
For the purposes of the rules and regulations contained in this chapter, the term:
"Board" means the State Board of Forestry.
"Certified Specialist" refers to a person who holds a valid certification in a specialty created by the Board.
"Code" or "PRC" refers to the Public Resources Code, unless otherwise specified.
"Committee" or "PFEC" means the Professional Foresters Examining Committee.
"Executive Officer" refers to the Executive Officer, Foresters Licensing.
"Forest Resources" means those uses and values associated with, attainable from, or closely tied to, forested landscapes, and includes but is not limited to aesthetics, fish, forage, recreation, soil, timber, water and watersheds, wilderness, and wildlife.
"Registered Professional Forester" or "RPF" refers to a person who holds a valid license as a professional forester pursuant to the provisions of the code.

Note: Authority cited: Section 759, Public Resources Code. Reference: Sections 752, 760.5, 762, 763 and 730, Public Resources Code.




s 1601. Board of Forestry Address.
All correspondence relating to Professional Foresters Registration, including remittances and renewal fees, shall be directed to the principal offices of the State Board of Forestry located in the Resources Building, 1416 Ninth Street, Sacramento, or by mail to P.O. Box 944246, Sacramento, California 94244-2460.

Note: Authority cited: Section 759, Public Resources Code. Reference: Section 761 Public Resources Code.




s 1601.1. Determination of Deadlines.
Any due dates or time frames for submission of fees, completed forms, or correspondence is determined by date of personal delivery at Board office or date of postmark by commercial carrier.

Note: Authority cited: Section 759, Public Resources Code. Reference: Sections 761 and 763, Public Resources Code.




s 1602. Professional Forestry Practice Defined.
(a) The phrase "act in the capacity of . . . a professional forester . . ." pursuant to Public Resources Code (PRC), Section 766 refers to any person who is working in a responsible position as an individual or through the supervision of others, and performs services on forested landscapes applicable to "forestry" as defined in PRC, Section 753 and clarified herein. Forestry requires specific knowledge of forestry principles for providing advice to, or management for, employers, clients, or others, through consultation; through conduct of investigations in forestry matters which have potential environmental effects, or are for site-specific purposes; through evaluation of forest properties; and through the planning or execution of forest programs, management, operations, and/or treatment.
(b) A Registered Professional Forester (RPF) shall perform forestry services only in those subjects in which he or she is competent by training or experience. Thus, for a RPF to accomplish a site-specific forestry project where the RPF's prudent level of expertise is surpassed, that RPF may need to utilize the services of other qualified experts including but not limited to geologists, landscape architects, engineers and land surveyors, archaeologists, botanists, ecologists, fisheries biologists, stream restorationists, wildlife biologists, hydrologists, range scientists, soil scientists, and certified specialists established pursuant to PRC 772.
(c) In carrying out PRC, Section 772, a Certified Specialist shall perform only those services in his or her specialty as defined herein. Nothing in this section shall preclude certified specialists or the other environmental professionals in subsection (b) from the application of scientific knowledge in their field of expertise outside the practice of forestry.

Note: Authority cited: Sections 759 and 766, Public Resources Code. Reference: Sections 752, 753 and 766, Public Resources Code.




s 1602.1. Identity Required of Registered Professional Forester in Charge.
Any letter or document which offers to perform or implies the performance of any professional forestry work must identify by name and license number the forester (RPF) who will be in charge of such work when it is performed. An unregistered assistant acting in the capacity of a professional forester, as defined in 14 CAC 1602 other than on federally owned lands shall be supervised by a forester (RPF). Work plans and documents reporting work done by or under the supervision of a forester (RPF) shall bear the signature and license number of the forester (RPF) responsible for said plans, work and reports.

Note: Authority cited: Section 759, Public Resources Code. Reference: Section 756, Public Resources Code.




s 1603. Seal.
A seal may be used by a registrant. It shall be of the design shown here and shall not be less than one and one-half (1 1 /2)inches in diameter.

Note: Authority cited: Section 759, Public Resources Code. Reference: Section 751, Public Resources Code.




s 1604. Registration Limited to Natural Persons.
Registration shall be determined on the basis of individual personal qualifications. No firm, company, partnership, or corporation will be issued a professional foresters license or specialty certificate.

Note: Authority cited: Sections 755 and 759, Public Resources Code. Reference: Section 755, Public Resources Code.




s 1605. Fees.
(a) All fees required by provisions of the Code and rules of the Board shall be transmitted by money order, bank draft, or check and shall be made payable to Professional Foresters Registration.
(b) The following schedule of fees is hereby adopted pursuant to section 782 of the Code.
(1) Application for Registration and License as a Professional Forester $200
(2) Annual Rate for License as a Professional Forester 95
(3) Application for Exam for Specialty Certificate 200
(4) Annual rate for Specialty Certificate 35
(5) Duplicate License or Specialty Certificate 5
(6) Renewal of License as a Professional Forester 190
(7) Renewal of Specialty Certificate 70
(8) Penalty fee for failure to apply for renewal as a Licensee or for a specialty certificate is $25 for each full month of delinquency not to exceed $150.00 total penalty fee 25
(9) Reinstatement Application following Withdrawal 15
(c) The renewal fee for registration and/or certification as a forestry specialist shall be waived when a license or certificate is issued less than ninety (90) days before the date on which it will expire.
(d) Application fees for registration, certification as a forestry specialist, or reinstatement following withdrawal, shall be retained by the Board regardless of the disposition of the application.

Note: Authority cited: Section 759, Public Resources Code. Reference: Sections 767 and 782, Public Resources Code.




s 1605.1. Professional Forestry Practice Defined.

Note: Authority cited: Sections 753, 759 and 766, Public Resources Code. Reference: Section 766, Public Resources Code.




s 1605.2. Identity Required of Registered Professional Forester in Charge.

Note: Authority cited: Section 759, Public Resources Code. Reference: Section 756, Public Resources Code.




s 1606. Address Change.
Applicants for registration or holders of a certificate of registration and license, shall notify the Board in writing at its Sacramento office within ten days of any address changes, giving both the old and new address.

Note: Authority cited: Section 759, Public Resources Code. Reference: Sections 761 and 767, Public Resources Code.




s 1607. Issuance, Expiration and Renewal of Licenses and Certificates.
(a) Professional Foresters Licenses and Specialty Certificates shall be renewed on alternating years with odd-numbered licenses and certificates expiring on July 1 of odd-numbered years and even-numbered licenses and certificates expiring on July 1 of even-numbered years.
(b) Newly issued Professional Foresters Licenses and Specialty Certificates shall be valid, on payment of the appropriate fee, from the date of issuance to July 1 of odd-numbered years for odd-numbered licenses and certificates and July 1 of even-numbered years for even-numbered licenses and certificates. The appropriate fee for a newly issued license or certificate shall be based on proration of the annual rate for the license as provided in s 1605(b)(2) or certificates as provided in s 1605(b)(4) against the term of the newly issued license or certificate. Individuals reinstating their license or certificate from withdrawal shall pay the full renewal fee regardless of the actual length of time remaining in the applicable two year renewal cycle.
(c) Licenses and specialty certificates are not valid unless fees are paid prior to the expiration date. Written notification of delinquency shall be mailed no later than September 1 to those persons whose license or specialty certificate(s) expired. Individuals have sixty (60) days from the date of mailing the delinquency notice to reinstate the license or certificate by paying renewal fees and penalties, after which the Board shall revoke the license or certificate. By paying all renewal fees and penalties within one year of the renewal date, the individual may reinstate a license or certificate(s) revoked because of delinquency.

Note: Authority cited: Section 759, Public Resources Code. Reference: Sections 773 and 783, Public Resources Code.




s 1608. Withdrawals.
(a) The Board may, upon written request of a currently paid up licensee, grant a withdrawal of a forester's license or specialty certificate for a period not to exceed five years at any one time without penalty. The request shall state the reason for withdrawal, and the length of time for which withdrawal is requested. During withdrawal, the person shall not call him or herself a "professional forester" or provide professional forester services of any kind for pay or otherwise in California, or use their registration number anywhere.
(b) Withdrawals shall be granted only for good and sufficient reasons, including, but not limited to the following:
(1) Active duty in the armed services of the United States.
(2) Professional service exclusively outside the State of California.
(3) Ill health or disability.
(4) Registration as a full time student in a college or university.
(5) Retirement may be used as a reason only one time.
(c) Registrants shall be notified in writing whether the request for withdrawal is granted or denied.
(d) Prior to expiration of withdrawal status, notification of required reinstatement will be sent during the regular renewal period. If an application for reinstatement, along with the required fees prescribed, is not presented to the executive officer within the specified withdrawal period, the Board shall revoke the license or certificate.
(e) Reinstatement of a license shall be denied if:
(1) The original withdrawal occurs as part of a stipulated agreement settling a formal disciplinary case, or
(2) An RPF requested license withdrawal after being notified by the executive officer that a disciplinary investigation was being conducted concerning the RPF's license, and that the investigation and any disciplinary proceedings associated with it have not been concluded, including any penalties being imposed.

Note: Authority cited: Section 759, Public Resources Code. Reference: Section 782, Public Resources Code.




s 1609. Meetings.

Note: Authority cited: Section 759, Public Resources Code. Reference: Sections 736 and 763, Public Resources Code.




s 1610. Delegation of Certain Functions.
(a) The power and discretion conferred by law upon the Board to receive and file accusations; issue notices of hearings, statementsto respondent and statements of issues; receive and file notices of defense; determine the time and place of hearings under Section 11508 of the Government Code, issue subpoenas and subpoenas duces tecum, set and calendar cases for hearing and perform other functions necessary to the dispatch of the business of the Board in the Government Code prior to the hearing of such proceeding; and the certification and delivery of mailing of copies of decisions under Section 11518 of said Code are hereby delegated to and conferred upon the executive officer, or, if absent from the office of the Board, another person designated by the executive officer.
(b) Nothing herein prohibits the executive officer from redelegating duties to his subordinates as provided in Section 18572 of the Government Code.
(c) Unless otherwise directed by the Board, the executive officer may work directly with the committee on those matters which are pertinent to the Professional Foresters Law, Section 750 et seq. of the Code. The executive officer may be designated by the committee to report to the Board on its behalf.

Note: Authority cited: Section 759, Public Resources Code. Reference: Section 763, Public Resources Code.




s 1610.1. Committee Meeting and Reports.
(a) The Committee shall meet and report to the Board at least once every six months, or more frequently as necessary to fulfill its responsibilities to the Board under Section 763 of the Code, and shall refer to the Board all matters requiring Board approval.
(b) Reports and recommendations made by the Committee to the Board for approval or rejection by the Board and any action recommended or approved by the Board shall be carried out by the chairperson or a member of the Committee or by the Executive Officer in the manner approved by the Board.

Note: Authority cited: Section 759, Public Resources Code. Reference: Sections 739 and 763, Public Resources Code.




s 1611. Reciprocity.
A Professional forester who is licensed in another state which maintains requirements and qualifications which are equal to or superior to those of the State of California may, upon successfully passing a special examination prescribed by the Board and payment of the required fees be registered as a professional forester, provided that said state observes these same rules of reciprocity.

Note: Authority cited: Section 759, Public Resources Code. Reference: Sections 767, 768, 769 and 770, Public Resources Code.




s 1612. Discipline.
The committee may, upon its own motion, and shall upon motion of the Board or upon the verified complaint in writing of any person, cause investigation to be made of the actions of any person licensed as a professional forester. The committee shall make recommendations to the Board for any action provided by law.

Note: Authority cited: Section 759, Public Resources Code. Reference: Sections 775 and 777, Public Resources Code.




s 1612.1. Disciplinary Guidelines.
The Board establishes these guidelines to ensure that consequences in any disciplinary action of a Registered Professional Forester are known, and to facilitate uniformity of penalties. While recognizing that Administrative Law Judges must be free to exercise their discretion in a particular case, the Board desires that these guidelines be followed to the extent possible, and that any departures therefrom be noted and explained in the proposed decision.
The Board further desires that matters in extenuation and mitigation, as well as those in aggravation, be fully considered and noted in the proposed decision. The primary importance is the adverse effect the Registered Professional Forester's actions had, or will continue to have, on the protection of the public interest.
(a) If convicted of a felony as defined in Section 778(a) and governed by Section 778.5, Public Resources Code, the ranges of disciplinary action for conviction(s) are:
Maximum: Revocation of the license.
Minimum: Revocation stayed for 2 years on the following conditions:
(1) Actual suspension for 1 year.
(2) The respondent shall obey all laws and regulations related to the practice of forestry.
(b) If found guilty of fraud, deceit or gross negligence in his or her practice, governed by Public Resources Code, Section 778(b), the ranges of disciplinary action for violation(s) are:
Maximum: Revocation of the license.
Minimum: 6 months suspension stayed for 1 year on the following conditions:
(1) Actual suspension for 60 days.
(2) Within one year of the effective date of the Board's decision, the respondent shall successfully complete a training program, approved in advance by the Board as being specifically related to the area(s) of professional failure.
(3) Respondent must practice, for up to one year, with the review of work products by a Registered Professional Forester, or other specialist, as approved by the Board.
(4) The respondent shall obey all laws and regulations related to the practice of forestry.
(c) If found guilty of misrepresentation or material misstatement of fact in his or her practice, governed by Public Resources Code, Section 778(b), the ranges of disciplinary action for the violation(s) are:
Maximum: Revocation of the license.
Minimum: 90 days suspension stayed for 1 year with 15 days actual suspension, and one or more of the following:
(1) Within one year of the effective date of the Board's decision, the respondent shall successfully complete a training program, approved in advance by the Board as being specifically related to the area(s) of professional failure.
(2) Respondent must practice, for up to one year, with review of work products by a Registered Professional Forester, as approved by the Board.
(3) The respondent shall obey all laws and regulations related to the practice of forestry.
(d) If found guilty of incompetence governed by Section 778(b), Public Resources Code, in his or her practice, the ranges of disciplinary action for violation(s) are:
Maximum: Revocation of the license.
Minimum: Revocation stayed up to 3 years with license suspension until the completion of all of the following conditions:
(1) The respondent shall successfully complete a training program, approved in advance by the Board, specifically related to the area of incompetency, and
(2) The respondent shall take and be notified of passing the Registered Professional Foresters examination, and
(3) Respondent must work, at least six months full time equivalent, under the supervision of a Registered Professional Forester, with review of work products, as approved by the Board.
(4) The respondent shall obey all laws and regulations related to the practice of forestry.
(e) If found guilty of fraud or deceit in obtaining a license, governed by Section 778(c), Public Resources Code, the ranges of disciplinary action for violation(s) are:
Recommended Action: Revocation of the license.
(f) If found guilty of aiding or abetting a violation of, or material failure to comply with the provisions of the Professional Foresters Law, governed by Section 778(d) and (e), Public Resources Code, the ranges of disciplinary action for violation(s) are:
Maximum: Revocation of the License
Minimum: 15 days actual suspension
(g) If found guilty of failure to materially comply with any provision of the Professional Foresters Law, the Board may issue a private reprimand when the respondent commits a failure of responsibility which warrants a level of discipline lesser than suspension. If the evidence is insufficient to support a private reprimand or an accusation, the executive officer may send a confidential letter expressing the committee's concerns. If there are insufficient grounds for discipline, the executive officer shall send a letter of exoneration to the respondent.
(h) In any of the above actions, the respondent shall submit such special reports as the Board may require. Said reports shall be designed to provide information as to those facets of his/her work which resulted in the disciplinary action.

Note: Authority cited: Sections 751, 759, 775, 777 and 778, Public Resources Code. Reference: Sections 751, 759, 775, 776, 777 and 778, Public Resources Code.




s 1612.2. Notification of Disciplinary Action.
(a) Conditions of staying an order which suspends or revokes a license on any of the grounds for disciplinary action specified in Section 778, Public Resources Code, shall require:
(1) Respondent to submit to the Board, not later than thirty (30) days after the decision becomes effective, a complete list of all business and/or client names, addresses, and phone numbers with whom a current contractual or employment relationship exists. Furthermore, respondent shall notify the Board within ten (10) days of any new contractual or employment relationships over the duration of the stayed order. This information may be used to aid the Board in monitoring the performance of respondent over the period of the stayed order.
(2) Board to notify each business and/or client name submitted, or at its option require respondent to notify with Board approved language and proof of notification, of the offense(s), findings and discipline imposed.
(b) The Board shall provide public notice of disciplinary actions. The Board shall comply with the following standards when providing public notice:
(1) When the RPF is exonerated, their name and the specifics of the cases will not be made public. A summary of the case will be noticed in "Licensing News", and will include the following:
(A) Case number.
(B) Allegation: citing possible cause(s) of action under 14 CCR s 1612.1.
(C) Authority: citations of applicable statutory and regulatory sections.
(D) Action: announcement of the exoneration and a general summary of the facts of the case.
(2) When disciplinary action results in the issuance of a PFEC Letter of Concern or Private Board Reprimand, the name of the RPF and specifics of the case will not be made public. A summary of the case will be noticed in "Licensing News", and will include the following:
(A) Case number.
(B) Allegation: citing possible cause(s) of action under 14 CCR s 1612.1.
(C) Authority: citations of applicable statutory and regulatory sections.
(D) Action: announcement of the disciplinary action taken and a general summary of the facts of the case.
(3) When disciplinary action results in license suspension or revocation, the name of the RPF and the specifics of the case will be made public. A summary of the case will be noticed in the "Daily Recorder", "Licensing News", the meeting minutes of the Board, and announced in open session of the Board meeting at which the discipline was approved. These notices will include the following:
(A) Case number.
(B) RPF name and license number.
(C) City of business at the time of notice.
(D) Allegation: citing possible cause(s) of action under 14 CCR s 1612.1.
(E) Authority: citations of applicable statutory and regulatory sections.
(F) Action: announcement of the disciplinary action taken and a specific summary of the facts of the case.
(4) The information summarized in "Licensing News" under (b)(1), (b)(2), and (b)(3) above shall be available upon request to the public.
(c) The Board may provide notice to the news media of disciplinary actions. The Board shall comply with the following standards when providing notice to the media.
(1) Media releases shall occur in all instances when disciplinary action results in the following:
(A) Suspension or revocation based on any of the following cause(s):
(i) conviction of a felony as defined in Section 778(a) and governed by Section 778.5 of the Public Resources Code.
(ii) fraud.
(iii) deceit.
(iv) gross negligence.
(v) incompetence.
(B) The PFEC has recommended revocation or a suspension greater than 30 days for any cause under 14 CCR s 1612.1.
(2) The media release shall be approved by the by the Board, and shall contain all information cited in subsection (b)(3).
(3) The media release shall be submitted to a newspaper of general circulation in the county(ies) where the infraction(s) occurred.

Note: Authority cited: Sections 708, 751, 759, 777 and 778, Public Resources Code. Reference: Sections 708, 730, 751, 759, 775, 776, 777 and 778, Public Resources Code.




s 1613. Felony Substantial Relationship Criteria.
For the purposes of denial, suspension or revocation of a license pursuant to Division 1, Chapter 2.5, Article 3, Sections 774, 775, and 778 of the Public Resources Code (PRC), a felony shall be considered to be substantially related to the qualifications, functions, or duties of a registered professional forester (RPF), if, to a substantial degree, it evidences present or potential unfitness to perform the functions authorized by Article 3 of the Public Resources Code.
Such felonies may include, but not be limited to; felony convictions which demonstrate dishonesty or breach of fiduciary responsibility or which involve any of the following:
(a) violations of PRC 778, or felony sections of the Business and Professions Code, Health and Safety Code, and Public Contracts Code;
(b) damage to natural resources including, but not limited to, arson;
(c) violations related to:
(1) Division 1, Chapter 2.5, Article 3 of the Public Resources Code, or
(2) Division 4, Part 2, Public Resources Code, or
(3) Division 1.5, Title 14, California Code of Regulations.

Note: Authority cited: Section 778.5, Public Resources Code. Reference: Section 778.5, Public Resources Code.




s 1614. Criteria for Rehabilitation.
When considering the specified conditions of denial or reinstatement from suspension or revocation of a license, the board, in evaluating the rehabilitation of the applicant and present eligibility for a license will consider the following criteria:
(a) The nature and severity of the act(s) or crime(s) under consideration as grounds for denial or reinstatement.
(b) Evidence of any act(s) committed subsequent to the act(s) or crime(s) under consideration for grounds for denial or reinstatement which also could be considered as grounds for denial or reinstatement.
(c) The time that has lapsed since the commission of the act(s) or crime(s).
(d) The extent to which the applicant or licensee has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant.
(e) Evidence, if any, of rehabilitation submitted by the applicant.

Note: Authority cited: Sections 759, 774, and 777, Public Resources Code. Reference: Sections 774 and 777, Public Resources Code; and Section 11522, Government Code.




s 1615. Registration Limited to Natural Persons.




s 1616. Reciprocity.

Note: Authority cited: Section 759, Public Resources Code. Reference: Sections 767, 768 and 770, Public Resources Code.




s 1617. Discipline.

Note: Authority cited: Section 759, Public Resources Code. Reference: Sections 763, 775 and 777, Public Resources Code.




s 1620. Applications.
(a) Applications for registration as a professional forester or as a certified forestry specialist shall be:
(1) Filed on a form prescribed by the Board.
(2) Filed at the Sacramento office of the Board, and accompanied by the required application fee.
(3) Subscribed and certified to "under penalty of perjury" as provided by Section 2015.5, Code of Civil Procedure.
(4) Typewritten, except that applicants located without access to typewriters, may so state, and submit applications printed legibly by hand.

Note: Authority cited: Sections 759 and 772, Public Resources Code. Reference: Sections 767 and 772, Public Resources Code.




s 1620.1. Professional and Personal References.
An applicant shall include in the application for registration the names and addresses of two qualified foresters as references, who are familiar with the professional work and three responsible members of the community who are not foresters who can attest to the character and business integrity of the applicant. Such references may be consulted by the examining committee regarding the qualifications of the applicant.

Note: Authority cited: Sections 759 and 772, Public Resources Code. Reference: Sections 772, Public Resources Code and 1606(c) of Title 14, California Administrative Code.




s 1620.2. Application Processing.
(a) The applicant shall be informed in writing by the Executive Officer, within 90 days of receipt of the application, whether such application is complete and accepted for filing or is deficient and what specific information is required.The Examining Committee may, at a later time, request clarification of information contained in the application or supporting documents as provided in 1620.3. (continued)