West Virginia Code of State Rules Agency 200 - Foresters
🔷 Overview: West Virginia CSR, Agency 200 – Foresters
Agency 200 in the West Virginia Code of State Rules governs the Board of Registration for Foresters, which is the regulatory authority responsible for overseeing the licensure, conduct, and discipline of professional foresters in the state.
The enabling statute is found in the West Virginia Code §30-19-1 et seq., which establishes the Board of Registration for Foresters and grants it the authority to create administrative rules, which are codified in the CSR Title 43, Series 1.
✅ Key Rule Set: Title 43, Series 1 – Board of Registration for Foresters – Rules and Regulations
These rules ensure that only qualified professionals practice forestry in West Virginia and that such practice adheres to ethical and technical standards that protect public safety, environmental sustainability, and professional integrity.
🔹 Key Functions of the Board (Agency 200)
| Function | Explanation |
|---|---|
| Licensing | Sets requirements for obtaining and renewing a forester license in WV |
| Standards of Practice | Establishes rules for ethical and competent forestry practices |
| Continuing Education | Requires licensees to meet continuing education to maintain licensure |
| Disciplinary Authority | Investigates complaints and imposes penalties for misconduct |
| Rulemaking | Issues and updates regulations under authority of the West Virginia Legislature |
🔷 Detailed Breakdown of Relevant Rules (CSR Title 43, Series 1)
1. Definitions and Scope (§43-1-1 and §43-1-2)
Defines key terms such as "forestry", "forester", "registration", etc.
Establishes that only registered individuals may hold themselves out as professional foresters in WV.
2. Board Composition and Powers (§43-1-3)
The Board consists of five members, appointed by the Governor.
The Board enforces regulations, conducts disciplinary proceedings, and administers exams.
Board meetings and decision-making procedures are also outlined.
3. Licensing Requirements (§43-1-4)
Eligibility:
A degree in forestry or a related field from an accredited institution.
4 years of professional forestry experience (may include supervised work).
Passing a Board-approved Forester Exam.
Reciprocity: Foresters licensed in another state may apply under reciprocal agreements if standards are equivalent.
4. License Renewal and Continuing Education (§43-1-5 and §43-1-7)
Licenses are renewed biennially.
Requires continuing education hours (typically 10–20 hours per year).
Non-compliance may result in suspension or refusal to renew the license.
5. Code of Ethics and Professional Conduct (§43-1-6)
Foresters must:
Act in the public interest.
Avoid conflicts of interest.
Provide objective, science-based advice.
Refrain from fraudulent, deceptive, or negligent behavior.
6. Disciplinary Procedures (§43-1-8)
Grounds for discipline include:
Fraud in obtaining a license.
Incompetence or gross negligence.
Misrepresentation or unprofessional conduct.
Criminal conviction related to practice.
Sanctions may include:
Reprimand
Suspension or revocation of license
Fines or additional training requirements
🔷 Relevant Legal and Case Law Principles
While West Virginia courts have not published many decisions specific to foresters, administrative law and professional licensing principles apply directly. Below are relevant legal doctrines and case law that apply to this agency's rulemaking and enforcement authority.
1. Administrative Authority and Delegation
The Board is created by statute and has limited authority. It may only act within the bounds set by the Legislature.
🔹 Case Example: State ex rel. Smith v. Thornburg, 208 W. Va. 228 (2000)
Held that licensing boards cannot exceed their statutory authority.
If the Board tries to impose requirements not authorized by statute, those actions are invalid.
2. Due Process in Disciplinary Proceedings
Licensed professionals are entitled to due process when their licenses are subject to discipline. This includes:
Notice of charges
Opportunity for a hearing
Right to appeal
🔹 Case Example: North v. W. Va. Bd. of Regents, 160 W. Va. 248 (1977)
Emphasized that state boards must provide fair hearings before revoking licenses.
Administrative rulings must be supported by substantial evidence.
3. Standard of Judicial Review
Courts generally defer to administrative agencies, but will reverse decisions if:
The agency acted arbitrarily or capriciously
The agency exceeded statutory authority
The decision was not supported by evidence
🔹 Case Example: Kirk v. State Board of Examiners, 169 W. Va. 521 (1982)
Reaffirmed that professional licensing boards must act within their rulemaking authority and follow proper procedures.
🔷 Summary Table
| Topic | Details |
|---|---|
| Regulatory Authority | WV Board of Registration for Foresters (Agency 200) |
| Governing Rules | CSR Title 43, Series 1 |
| License Requirements | Degree + Experience + Exam |
| Renewal Rules | Biennial; Continuing Education Required |
| Discipline Grounds | Fraud, negligence, unprofessional conduct |
| Due Process Rights | Notice, hearing, appeal |
| Judicial Oversight | Courts review agency actions for legality, evidence, and fairness |
| Relevant Cases | Smith v. Thornburg, North v. Bd. of Regents, Kirk v. State Board |
🔷 Conclusion
The West Virginia Board of Registration for Foresters (CSR Agency 200) plays a critical role in ensuring ethical and competent forestry practices in the state. Its rules under Title 43, Series 1 establish a clear framework for:
Licensing qualified professionals
Maintaining professional standards
Enforcing accountability through disciplinary mechanisms
Legal challenges to the Board’s authority or decisions are governed by administrative law principles, which require that it operate within statutory limits, observe due process, and base its decisions on evidence.
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