West Virginia Code of State Rules Agency 200 - Foresters
1. Overview – What is Agency 200?
Agency 200 establishes the rules for licensure and regulation of foresters in West Virginia. It is created under the authority of W. Va. Code § 30-19, which:
Defines the powers of the State Board of Registration of Foresters.
Restricts use of the title Registered Forester to licensed individuals.
Authorizes the Board to adopt rules for certification, discipline, and ethics.
Agency 200 translates these statutory requirements into detailed administrative rules for practicing foresters.
2. Structure of Agency 200
The rules are divided into series, each covering a specific topic:
200‑01 — Certification of Foresters
Requirements for education, experience, and application.
Allows temporary permits for applicants completing experience requirements.
200‑02 — Contested Case Hearings
Procedures for hearings when certification is denied or disciplinary action is taken.
Defines notice, parties, evidence, and appeals.
200‑03 — Complaints and Discipline
Investigations, hearings, and sanctions.
Sanctions may include suspension, revocation, fines, or probation.
200‑04 — Fees
Application, renewal, and permit fees for foresters and forestry technicians.
200‑05 — Code of Ethics
Standards of professional conduct, including integrity, disclosure of conflicts, and proper communication.
3. Key Provisions Explained
3.1 Certification Requirements
Registered Forester:
Bachelor’s degree in forestry (or equivalent).
Two years of supervised professional experience.
Forestry Technician:
Two-year technical degree or equivalent.
Four years of professional experience.
Temporary Permits:
Granted if educational requirements are met but experience is still being completed.
Purpose: Ensures only qualified individuals use protected professional titles.
3.2 Ethical Standards
Foresters must:
Act with honesty, integrity, and professionalism.
Avoid conflicts of interest and disclose relevant relationships.
Perform only services they are competent to do.
Protect environmental resources and provide truthful communication to clients and the public.
Violations of ethics may lead to disciplinary action.
3.3 Contested Case Procedures
If an applicant is denied certification, or a licensee is accused of misconduct:
The Board provides notice and the opportunity for a hearing.
The hearing allows the applicant/licensee to present evidence, call witnesses, and challenge the Board’s case.
Decisions must follow due process as required by administrative law.
Purpose: Protects the rights of foresters while ensuring the Board enforces standards fairly.
3.4 Complaint and Disciplinary Procedures
The Board can investigate complaints and impose sanctions if a forester:
Falsifies information on applications.
Engages in unprofessional or unethical conduct.
Violates state law or Agency 200 rules.
Possible outcomes include:
License suspension or revocation.
Probation with conditions.
Monetary fines.
Requirement to complete additional education or training.
Procedural safeguards include notice, hearings, and the right to appeal to the courts.
4. Case Law and Judicial Interpretation
There are no widely reported West Virginia court cases specifically interpreting Agency 200 rules.
If disputes arise, courts generally apply the West Virginia Administrative Procedures Act, which requires:
The Board to act within statutory authority.
Decisions to be supported by substantial evidence.
Procedures to comply with due process.
In practice, this means that disciplinary actions or license denials must be fair, documented, and legally justified.
5. Integration with Statute (W. Va. Code § 30‑19)
The statute defines key terms such as “forester” and “forestry technician.”
Grants the Board authority to certify, discipline, and regulate foresters.
Agency 200 provides the detailed rules needed to implement these statutory requirements.
Compliance with Agency 200 is mandatory for licensure and continued practice.
6. Summary
| Topic | Key Points |
|---|---|
| Authority | Board derives power from W. Va. Code § 30‑19 to license and regulate foresters. |
| Certification | Education + experience requirements; temporary permits allowed. |
| Ethics | Professional conduct, honesty, competence, and environmental stewardship required. |
| Discipline | Complaints investigated; sanctions range from fines to license revocation. |
| Hearings | Due process required; hearings conducted for denial or discipline. |
| Case Law | No specific reported cases; general administrative law principles apply. |
Bottom line: Agency 200 ensures that only qualified, ethical, and accountable individuals can practice as foresters in West Virginia, and sets the procedures for handling disputes, complaints, and discipline.
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