Conn. Agencies Regs. § 23-65h-1

Current through October 16, 2024

Section 23-65h-1 - Certification of forest practitioners

GENERAL DEFINITIONS

(a) The following terms shall have the meaning ascribed to them by section 23-65f of the general statutes: "commercial forest practices"; "commercial forest products"; "commercial forest practitioner"; "commissioner"; "department"; "forest land"; "forest practice"; "forest practitioner"; "person"; "tree."

(b) As used in this section:

(1) "Applicant" means any person applying for certification or renewal of certification in accordance with this section;

(2) "Harvesting" means performing an activity related to the cutting or removal of forest tree species;

(3) "Passing grade" (on an examination for certification administered under this section): means a score of at least 75 out of a possible 100 point and;

(4) "State": means the State of Connecticut.

CERTIFICATION OF FOREST PRACTITIONERS:

General Requirements

Applications

(c) Applications for forest practitioner certification and recertification shall be made on forms prescribed and furnished by the commissioner and shall require information as to the applicant's name, mailing address, telephone number, business address, business telephone number, residence, educational background, a detailed summary of technical experience, a record of any continuing education courses or workshops successfully completed within the previous five years, and information concerning whether the applicant has engaged in any of the activities set forth in subdivisions (1) to (3), inclusive, of subsection (a) of section 23-65o of the general statutes, or has been convicted of a felony associated with the conduct of a regulated forest practice.

(d) Applications for forest practitioner certification shall be filed with the State Forester's Office and shall be accompanied by the appropriate fee as specified in subsections (r) and (s) of this section.

(e) Applications shall not be deemed to be complete unless all information required by this subsection has been submitted and all fees required by this section have been paid. Incomplete applications shall be returned to the applicant.

(f) Applications for certification shall be signed by the applicant and shall contain the following statement, "I have personally examined and am familiar with the information submitted in this document and all attachments and certify that, based on reasonable investigation, the submitted information is true, accurate and complete to the best of my knowledge and belief. I understand that any false statement made in this document or its attachments may be grounds for denial, suspension, or revocation of certification."

Examinations for Initial Certification

(g) Except as provided in subdivisions (3) and (6) of subsection (c) of section 2365h of the general statutes and in subsection (i) of this section, all applicants for initial forest practitioner certification shall achieve a passing grade on a written examination in order to be granted certification.

(h) Any applicant whose application is complete, shall be permitted to take an examination for the requested certification, provided, however, that no applicant may take the examination unless he has paid the application and examination fees as in subsections (r) and (s) of this section. Applicants shall be notified, no less than 20 business days in advance, of the time and place of written and oral examinations. Such examinations shall assess the technical knowledge required for the requested certification set forth in section 23-65h of the general statutes as well as knowledge of statutes and regulations pertaining to forestry, forest practices, and the protection of wetlands and watercourses. An applicant who is denied certification due to failure to achieve a passing grade on such an examination may apply for reexamination without prejudice. Re-examinations shall be granted upon payment of an examination fee as specified in subsections (r) and (s) of this section.

(i) Any applicant for certification or renewal of certification who is illiterate may specifically request and will be granted an oral examination.

Denial of Certification

(j) The commissioner shall refuse to grant certification or recertification to any applicant who fails to achieve a passing grade on the examination or provides false or misleading information on the application for certification. A person who has been denied certification shall be notified of the commissioner's decision by certified mail, return receipt requested, of the fact and of the basis for denial.

Issuance of Certificate

(k) The commissioner shall issue a certificate to any applicant who has satisfied all of the requirements for certification set forth in this section or otherwise has met the requisite experience requirements of subdivision (3) of subsection (c) of section 23-65h of the general statutes. Certificates shall be valid for four years from the date of issuance and shall show the full name of the certificate holder, the type of certification granted, the certificate number, the date of expiration of the certification, and shall be signed by the commissioner. The commissioner shall also issue wallet cards containing the same information as the full size certificate.

Certificate Renewal

(l)

(1) An application for renewal of a certificate shall be submitted to the commissioner no less than 60 calendar days prior to the expiration date of the certificate. The application for renewal of certification shall be on a form provided by the commissioner, shall be accompanied by payment of the application fee in accordance with subsections (r) and (s) of this section, shall include evidence of satisfaction of all continuing education requirements of this section, and shall include information concerning whether the applicant has engaged in any of the activities set forth in subdivisions (1) to (3), inclusive, of subsection (a) of section 23-65o of the general statutes, or has been convicted of a felony associated with the conduct of a regulated forest practice.

(2) The commissioner may grant a sixty-day extension for any forest practitioner who failed to submit a complete application for renewal prior to the expiration date of such forest practitioner's certification. Any forest practitioner granted such an extension shall submit a complete application for renewal not later than the end date of such sixty-day extension period. Any such renewed certification issued by the commissioner following such a sixty-day extension period shall not require reexamination by such forest practitioner prior to such issuance but shall require the submission of an additional fee of $100.00.

(m) No certificate shall be renewed unless the applicant has submitted all reports required pursuant to section 23-65i of the general statutes.

(n) The commissioner shall require an applicant for renewal of certification to take an examination for recertification if the statutes or regulations concerning forestry, forest practices, or wetlands and watercourses have been revised or adopted since the date of issuance of such applicant's current certification and such revised or adopted statutes or regulations will result in a change in the conduct of forest practices. If an examination for recertification will be required, the commissioner shall notify the applicant in writing no later than 30 days after the date the renewal application is received by the commissioner. An examination for renewal of certification shall be granted upon payment of the examination fee as specified in subsections (r) and (s) of this section.

Continuing Education Standards for Renewal of Certification

(o) In accordance with section 23-65i of the general statutes, all certified forest practitioners shall participate, during the period of such certification, in a relevant program of professional education to improve or maintain professional forestry skills that is sponsored by the Department of Energy and Environmental Protection, the New England Society of American Foresters, The University of Connecticut, Yale University or the Connecticut Cooperative Extension System, or in another program approved by the department.

(p) Assigning continuing education units (CEU's). Any person may request that the commissioner approve any workshops, meetings, college level credit courses, courses, seminars, or field sessions as having substantial educational value for certified forest practitioners and assign an appropriate number of CEU's in accordance with subsection (q) of this section, below. Any person requesting such approval and assignment of CEU's shall provide to the commissioner the following information:

(1) Date of event

(2) Title

(3) Agenda

(4) Name and Title of Instructors

(5) Sponsoring Organization

(6) Hours of Duration and/or credits assigned

(7) Classroom and Field Hours

(8) Contact Person

Assignment of CEU Credits

(q) The commissioner shall review all information provided in accordance with subsection (p) of this section, above and, if the commissioner finds that the workshop, meeting, course, seminar, tour, field session, or college level credit course proposed for CEU credit provides substantial education in the professional forestry skills and professional functions encompassed by one or more of the forest practitioner certifications, CEU's shall be assigned as follows:

(1) one (1) CEU shall be assigned for each full three (3) hours of duration of qualifying workshops, meetings, courses, seminars, or field sessions.

(2) four (4) CEU's shall be assigned for each credit hour in a qualifying college level credit course.

Renewal of Certification

(3) Each applicant for renewal of Forester certification shall participate, during the period of such certification, in a program of professional education equivalent to twelve (12) CEU's.

(4) Each applicant for renewal of Supervising Forest Products Harvester certification shall participate, during the period of such certification, in a program of professional education equivalent to eight (8) CEU's.

(5) Each applicant for renewal of Forest Products Harvester certification shall participate, during the period of such certification, in a program of professional education equivalent to six (6) CEU's.

FEES

(r) The fee for applying for certification or renewal of certification shall be $235.00. The fee shall be submitted simultaneously with the application for certification or renewal of certification and certification shall not be granted or renewed prior to payment of the fee. The fee provided in this section shall be non-refundable.

(s) An applicant for forest practitioner certification or renewal of certification shall, if required by this section to take an examination, pay an examination fee of $65.00 for each examination. The fee provided in this section shall be non-refundable.

Conn. Agencies Regs. § 23-65h-1

Effective December 27, 1994; Amended November 5, 2013; amended 1/18/2024