Vermont Statutes Title 26 Sec. 5226
Terms Used In Vermont Statutes Title 26 Sec. 5226
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Director: means the Director of the Office of Professional Regulation. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Forester: means a person who is licensed to practice forestry under this chapter. See
- Forestry: means the science, art, and practice of creating, managing, using, and conserving forests and associated resources to meet desired goals, needs, and values, including timber management, wildlife management, biodiversity management, and watershed management. See
- License: means a current authorization granted by the Director permitting the practice of forestry pursuant to this chapter. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 5226. Unprofessional conduct
(a) The Director may deny an application for licensure or relicensure, revoke or suspend any license to practice forestry issued under this chapter, or discipline or in other ways condition the practice of a licensee upon due notice and opportunity for hearing in compliance with the provisions of 3 Vt. Stat. Ann. chapter 25 if the person engages in the following conduct or the conduct set forth in 3 V.S.A. § 129a:
(1) has made or caused to be made a false, fraudulent, or forged statement or representation in procuring or attempting to procure registration or renew a license to practice forestry;
(2) whether or not committed in this State, has been convicted of a crime related to the practice of forestry or a felony that evinces an unfitness to practice forestry;
(3) is unable to practice forestry competently by reason of any cause;
(4) has willfully or repeatedly violated any of the provisions of this chapter;
(5) is habitually intemperate or is addicted to the use of habit-forming drugs capable of impairing the exercise of professional judgment;
(6) engages in conduct of a character likely to deceive, defraud, or harm the public; or
(7) aiding, abetting, encouraging, or negligently causing a substantial violation of the statutes or rules of the Vermont Department of Forests, Parks and Recreation.
(b) Any person or institution aggrieved by any action of the Director under this section may appeal as provided in 3 V.S.A. § 130a.
(c) A person shall not be liable in a civil action for damages resulting from the good faith reporting of information to the Director about incompetent, unprofessional, or unlawful conduct of a forester. (Added 2015, No. 166 (Adj. Sess.), § 2.)