Alabama Administrative Code › Title 380 - ALABAMA BOARD OF REGISTRATION FOR FORESTERS › Chapter 380-X-5 - VIOLATIONS › Section 380-X-5-.02 - Procedure For Processing Alleged Violations Regarding The Practice Of Forestry By Registered Foresters

Current through Register Vol. 42, No. 9, June 28, 2024
The State Board of Registration for Foresters (SBRF) shall use
						the following procedures to handle complaints regarding the practice of
						forestry by Registered Foresters (R.F.).
(1) Upon receipt of a complaint, oral or in
					writing, the Office Manager (OM) will acknowledge the complaint and send the
					complainant a standard Complaint Form (380-X-5-.02 c) and transmittal letter
					(380-X-5-.02 b). Complainant must submit a properly complete and notarized form
					in order for SBRF to take action on the allegations.
(2) When a properly submitted complaint is
					received by the OM at the SBRF office in Montgomery, the date of receipt will
					be noted, a unique case number assigned and a file established. OM will
					acknowledge receipt to complainant and send a copy to the Chairman of the
					Violations Committee (CVC) and the Chairman of the Board (CB).
(3) Should CVC and CB agree that no action
					should be taken, said decision will be noted in the file and the complainant
					notified in writing. Such a decision will be reviewed by SBRF at its next
					scheduled meeting.
(4) Should CVC
					and CB agree action should be taken, CVC will notify the R.F. of
					allegations/complaint and initiate investigation, by contacting all known
					parties for evidence. Upon completion of the investigation the case is reviewed
					by the SBRF. If the SBRF finds the allegations to be without merit the case is
					closed and parties are notified in writing.
(5) Should SBRF find that the allegations
					have merit, then charges will be preferred and a formal Hearing scheduled
					within three months after the date in which they have been preferred. The time
					and place for such Hearing shall be fixed by SBRF, and a copy shall be
					personally served on or mailed to the last known address of the R.F., the
					complainant and all witnesses at least thirty days before the date of the
					hearing (Section
					34-12-9).
(6) At the Hearing, the accused
					R.F. shall have the right to appear personally and by counsel, to cross-examine
					witnesses appearing against him, and to produce evidence and witnesses in his
					own defense.
(7) Immediately
					following the testimony of the Hearing SBRF will deliberate and vote. Should
					three or more members of SBRF vote in favor of finding the accused guilty, SBRF
					shall revoke the license of R.F. Additionally, SBRF is authorized to discipline
					its licensees by the adoption and collection of administrative fines, not to
					exceed $2,000 per violation (Section
					34-12-9). Subsequently, all parties will be notified in writing of SBRF's decision and
					the case is closed. R.F. has the right of appeal through the legal system based
					solely on the evidence presented to SBRF. New evidence must first be presented
					to SBRF.
Author:
Alexis V. London
Statutory Authority:
Code of Ala.
							1975
, §§
										34-12-9,
							34-12-35.