Conn. Agencies Regs. § 23-65j-1

Current through November 7, 2024

Section 23-65j-1 - Conduct of forest practitioners

(a)Definitions

For the purposes of section 23-65j-1:

(1) "Certified forest practitioner" means an individual certified as a forester, supervising forest products harvester or forest products harvester in accordance with section 23-65h of the Connecticut General Statutes;

(2) "Client" means a person who has entered into a written or verbal agreement with a certified forest practitioner to conduct a forest practice on their forest land; and

(3) "Prospective client" means a person to whom a certified forest practitioner has submitted a proposal to conduct a forest practice on their forest land or upon whose forest land the practitioner has entered for the purposes of soliciting or contracting a forest practice.

(b)General

In order to establish and maintain a high standard of integrity, skills and practice in the conduct of forest practices, the following requirements shall apply to any forest practice undertaken by a certified forest practitioner in Connecticut.

(c)Conduct of Forest Practitioners

A certified forest practitioner shall:

(1) Prior to entering into a contract to conduct a forest practice, disclose in writing to each prospective client, the level of certification he or she currently possesses pursuant to section 23-65h of the Connecticut General Statutes, those forest practices that the certified forest practitioner may lawfully perform and any direct costs or obligations that would be incurred by the client upon entering into such a contract;

(2) Avoid all conflicts of interest with his or her client and promptly disclose in writing to each client, the existence and nature of any financial interest or business association that the certified forest practitioner or his or her employer has which may influence such practitioner's judgment in connection with the performance of such forest practice;

(3) Prior to entering into a contract to conduct a forest practice, disclose in writing to each prospective client whom the certified forest practitioner will represent as agent, the existence and nature of any exclusive contracts or obligations on the part of the certified forest practitioner to sell forest products to certain individuals or firms;

(4) Advertise only the services the certified forest practitioner is qualified and lawfully authorized to perform;

(5) Not make or issue a false statement or false information;

(6) Not disclose information concerning the affairs of the certified forest practitioner's employer, client or prospective client without obtaining express written consent to do so from such employer, client or prospective client, except as required by law;

(7) Comply with the requirements and procedures set forth in the applicable provisions of the Forest Practices Act, section 23-65f, et seq., of the Connecticut General Statutes, and any regulations adopted pursuant to said sections, or any other applicable law;

(8) Not pay or offer to pay any person, either directly or indirectly, any gift or other consideration as an inducement to violate the Forest Practices Act, section 23-65f, et seq., of the Connecticut General Statutes, and any regulations adopted pursuant to said sections;

(9) Notify his or her client or employer in writing if the certified forest practitioner has knowledge of any action taken or decision made by such practitioner's client or employer that violates section 23-65f, et seq., of the Connecticut General Statutes, and any regulations adopted pursuant to said sections;

(10) Prior to entering into a contract to conduct a forest practice, inform the prospective client of his or her identity, the identity of his or her employer and identify in whose interest the certified forest practitioner is working;

(11) Not accept compensation, financial or otherwise, from more than one party for services on the same project, unless the certified forest practitioner discloses in writing to each person from whom he or she is accepting compensation, the names of the other person(s) from whom he or she is accepting compensation and what professional services he or she is performing, if any, for such person(s);

(12) Accurately represent his or her academic or other professional qualifications as a forest practitioner and the scope of his or her responsibilities in connection with work that he or she has performed; and

(13) Not engage in or participate in professional or business practices of a fraudulent or dishonest nature that relate to any forest practice.

Conn. Agencies Regs. § 23-65j-1

Adopted effective July 2, 2007