Voluntary registration for loggers (Repealed)

(a) Definitions. (1) As used in section 23-65g-2: "Best Management Practice Guidelines" means those harvesting practices and techniques designed to minimize erosion and sedimentation associated with logging, as recommended by the Connecticut 208 Forestry Advisory Committee in its 1984 publication, Logging and Water Quality in Connecticut. "Board" means the State Board of Registration of Loggers established by regulation adopted pursuant to section 23-65g of the General Statutes. "Certificate of Registration" or "Certificate" means a document issued by the Commissioner of Environmental Protection authorizing the use of the title registered logger. "Commissioner" means the Commissioner of Environmental Protection. "Logger" means a person as defined in section 23-65g (1) of the General Statutes. "Logging" means the process of removing trees from a forest site for the purpose of producing wood products and shall include severing trees from the stumps, bucking trees into component product length, skidding or hauling the tree parts to a landing area, bucking at the landing and maintenance of the landing area; but shall not include construction of access roads or landing areas or the practice of professional forestry as defined in section 23-65g-1 (a). "Registered Logger" means a person who has been registered pursuant to this section. (2) Scientific and technical terms not specifically defined in these regulations shall be used in accordance with the definitions set forth in the Society of American Foresters' Terminology of Forest Science, Technology, Practice and Products. (b) Logger Registration Board. (1) The membership of the logger registration board shall consist of seven voting members as set forth in section 23-65h (a) of the General Statutes. The two representatives of the general public shall be appointed by the Commissioner from a roster of individuals interested in serving as board members. Such list shall be maintained by the State Forester or his or her designee. (2) The terms of office for the initial appointments to the logger registration board shall be as follows: (A) the State Forester or his or her designee shall serve as a continuing board member without term limitation; (B) the member appointed by the Yankee Division of the Society of American Foresters shall serve a four year term; (C) members appointed by the Connecticut Wood Producers Association shall serve terms of four and three years, respectively; (D) the Water Resources representative shall serve a two year term; (E) representatives of the general public shall serve terms of three years and two years, respectively. (3) Upon the expiration of the initial appointments, members shall serve three year terms. A vacancy shall be filled in the same manner as the original appointments. (4) An individual appointed to fill a vacancy on the board shall serve for the balance of the unexpired term and may be reappointed as provided in subdivision (b) (6) of this section. (5) Absence from three consecutive board meetings by any member shall constitute resignation from the board. (6) Except as provided in subparagraph (b) (2) (A) and subdivision (b) (4) of this section, no board member may be appointed for more than two consecutive terms. (c) Registration Board Proceedings. (1) The board may recommend to the Commissioner modifications to the standards and procedures for the voluntary registration of loggers and may make recommendations to the Commissioner concerning the issuance of individual certificates of registration for loggers, the response to complaints and the response to petitions for reinstatement. (2) The board may adopt bylaws for the regulation of its internal affairs and shall provide an annual report to the Commissioner no later than July first of each year. (3) The State Forester or his or her designee shall serve as the board chairman and shall provide the necessary clerical and support services to the board. (4) The logger registration board shall meet at least once a year and may meet more frequently if necessary. Special meetings may be called by the Commissioner, the board chairman or upon written request of any two board members. (5) A majority of the board shall constitute a quorum. For the transaction of any board business, the board shall have the power to act by a majority of the members present at any meeting at which a quorum is in attendance. A board member shall not vote by proxy. (6) The board shall record minutes of its meetings which will be reviewed by the board and maintained by the State Forester or his or her designee. All board records shall be available for public inspection pursuant to section 1-21 of the General Statutes. (7) Upon termination of the existence of the board by law, all records of the board proceedings shall pass to the Commissioner. (d) Eligibility Requirements for Registration. (1) In order to be eligible for registration, an applicant must demonstrate compliance with the following requirements: (A) not less than one year of logging experience in forest stands and topography characteristic of Connecticut; (B) a good general knowledge of logging techniques characteristic of the Connecticut area; (C) a field demonstration of operational competency or an on-site inspection of work performance including tree falling and bucking, yarding with either skidders or tractors, and erosion and sedimentation control measures as prescribed by the State 208 Best Management Practice Guidelines; (D) a currently valid license or registration as a professional logger from another state or country may be substituted for the requirements of subparagraphs (A), (B), and (C) of this subdivision provided that the state or country observes the same rules of reciprocity regarding persons registered as loggers in Connecticut. (2) An applicant shall agree to attend within one year of registration, a program orientation course conducted by the State Bureau of Forestry. (e) Registration Procedures. (1) Application. Applications for registration shall be made on forms prescribed and furnished by the Commissioner. The cost of registration shall be fifty dollars. (A) One half of the registration fee shall accompany the application and shall be non-refundable. The balance shall be paid before issuance of the registration certificate. (B) An applicant who fails to remit the remaining balance within sixty days after being notified by certified mail that the application has been accepted, shall forfeit the right to receive the registration so issued, and shall be required to again submit an original application and fee. (2) Issuance of a Registration Certificate. (A) The Commissioner shall, within ninety days of receipt of an application, examine the application and may, after receipt of the recommendation of the board, issue a certificate of registration or deny the application. The Commissioner may, if he or she deems necessary, require additional information. (B) Within sixty days after payment of the registration fee balance, the applicant shall be sent a certificate of registration and a wallet-sized registration card. The certificate and card shall be signed by the Commissioner and shall show the full name of the registrant and a registration serial number. The certificate and card shall not be transferable. (3) Registration Expiration and Renewal. (A) A logger's certificate of registration shall expire five years from the date of issuance or renewal and shall become invalid on that date if it is not renewed. (B) As a condition of renewal of a certificate of registration, registrants must have completed in the preceding five years at least two training sessions on forest product harvesting techniques sponsored or approved by the State Forester or his or her designee. (C) The Commissioner shall notify, at the last known address, each registered logger of the pending expiration date of the certificate. Such notice shall be sent, by certified mail, at least sixty days in advance of the registration expiration date. (D) An individual who allows a registration to expire shall be required to re-apply as a new applicant and shall have satisfied the continuing education requirements of subparagraph (3) (B) of this subsection prior to such reapplication. (E) The provisions of subdivision (e) (3) shall be suspended in the case of a person serving on active duty in the armed forces of the United States. Proper documentation of such service shall be provided to the Commissioner, including an indication of the expected termination of that service. (f) Rejection, Suspension, Reinstatement and Cancellation of Registration. (1) Application Rejection: If the Commissioner, after reviewing an application for registration, determines that an individual fails to meet all of the requirements for such registration, the Commissioner shall send a letter of rejection to the applicant by certified mail. The rejection letter shall indicate the specific reason(s) for the Commissioner's action. An individual whose application is rejected by the Commissioner may not re-apply for at least ninety days. (2) Standards for Registration Suspension. A certificate of registration may be suspended if the Commissioner determines that the registrant: (A) conducts logging activities in violation of: (i) the Connecticut Wood Producers Association Timber Harvesting Guidelines; (ii) Best Management Practice Guidelines; (iii) practices that otherwise fail to minimize adverse environmental impacts on a forest resource; (B) has violated any applicable provisions of federal and state laws and regulations or municipal ordinances pertaining to the practice of logging; (C) has provided false information in support of his or her application; (D) has engaged in any conduct in connection with the practice of logging which involves dishonesty, fraud, deceit or misrepresentation. (3) Procedures for Suspension. Upon receipt of a complaint indicating that a registered logger has violated a provision of subdivision (2) of this subsection, the Commissioner shall review documentation and may, after receipt of a recommendation from the board, suspend that registration for a period of not less than one year, provided: (A) that any and all complaints against the registered logger be presented to the Commissioner in writing; (B) the registered logger be notified by the Commissioner that a complaint has been received and be provided with an opportunity to rebut; (C) that the Commissioner investigate such complaint(s) including a field inspection, if necessary, to determine case facts. (D) that all parties to complaints which may lead to registration suspension be provided an opportunity to present arguments to the Commissioner. (E) that, after reviewing all available pertinent information, provided by the Commissioner, the Board makes a recommendation to the Commissioner. (4) Notification of Suspension. An individual whose registration has been suspended shall be notified by the Commissioner by certified mail of the action taken, including specific reason(s) for the suspension and corrective measures recommended by the Commissioner. (5) Reinstatement. An individual whose registration has been suspended may petition the Commissioner for reinstatement within one year of the end of the suspension period specified by the Commissioner. The petition for reinstatement shall include evidence that corrective measures have been taken. The Commissioner may, if he or she deems necessary, require additional information. The Commissioner shall, within ninety days of receipt of a petition for reinstatement, review the petition and may, after receipt of the recommendation of the board, reissue a certificate of registration or deny the petition and cancel the registration if he or she determines that the actions which resulted in suspension have not been adequtely remedied. The Commissioner shall notify the petitioner, by certified mail, of the action taken, including the specific reason(s) for any denial and cancellation of registration. (6) Automatic Cancellation. The failure to petition for reinstatement in accordance with the requirements of subdivision (5) of this subsection shall result in automatic cancellation of registration as of one year following the end of the suspension period specified by the Commissioner. (7) Eligibility to Re-apply After Cancellation. An individual whose registration has been cancelled by the Commissioner pursuant to subdivision (5) or subdivision (6) of this subsection will be ineligible to re-apply for registration for a period of five years from the date of cancellation. The fee for re-application shall be the same as for an initial registration. (8) Hearings. Any person receiving notice from the Commissioner that an application for registration has been denied, or that registration has been suspended, or that a petition for reinstatement has been denied may, by written petition, request a reconsideration of the Commissioner's decision and formal hearing on the matter. Such petition shall state the grounds upon which the request for reconsideration is based. Within ninety days of the receipt of such a petition, the Commissioner shall schedule a hearing on the matter. The hearing will be conducted in accordance with section 22a-3a-1 and the provisions of Chapter 54 of the General Statutes. The Commissioner shall provide notice of the hearing, any proposed decision, and the final decision to the board. The board may, in its discretion, request to be made a party to the hearing. An appeal to the superior court may be taken in accordance with the provisions of chapter 54 of the General Statutes. (g) Registered Loggers Listing. (1) No person, in either a public or private capacity, who is not currently registered pursuant to this section, shall advertise or practice as a registered logger without meeting the requirements of this section, except that nothing in this section shall prohibit a person not so registered from practicing the profession of logging in this state. (2) Each registrant shall notify the Commissioner of any change of name, residence or business address within thirty days of such change. (3) The State Forester or his or her designee shall publish and distribute a listing of professional loggers registered pursuant to this section no later than six months from the date of the first registration board meeting. Thereafter, an updated roster of registered loggers shall be prepared annually as soon after the first of January as is practical. The name of an individual whose registration has been suspended or cancelled shall be deleted from the next scheduled published listing. An insert page shall be used to notify users of the current list of newly registered loggers and to indicate the names of individuals no longer registered with the State. No mention of the reason for removal from the list shall be included in such insert.