The Board establishes these guidelines to ensure that consequences in any disciplinary action of a Registered Professional Forester or Certified Specialist 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 or Certified Specialist'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 or specialty certificate.
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 or specialty certificate.
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 or certified specialist, 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 or specialty certificate.
Minimum: Revocation stayed up to 3 years with license or specialty certificate 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 or related certified specialty, and
(3) Respondent must work, at least six months full time equivalent, under the supervision of a Registered Professional Forester or certified specialist, 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 or specialty certificate, governed by Section 778(c), Public Resources Code, the ranges of disciplinary action for violation(s) are:
Recommended Action: Revocation of the license or specialty certificate.
(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 or specialty certificate
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.
Credits
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.
