Rules of the Arkansas Forestry Commission for Registration of Foresters, 17 CAR pt. 20

Act 291 of 2025 amended Arkansas Code § 17-31-105(a) to allow the Arkansas Forestry Commission (Commission) to impose a civil penalty of up to $5,000 for violations related to the unregistered practice of forestry. The act also added Arkansas Code § 17-31-204(d), permitting the Commission to promulgate rules to establish a penalty matrix. Amendments to 17 CAR pt. 20 are necessary to add the maximum civil penalty amount and a penalty matrix. Amendments to 17 CAR pt. 20 were also made to list the Arkansas Forestry Commission as the entity responsible for enforcement of the Registration of Foresters Act, Arkansas Code § 17-31-101 et seq., and associated rules, change the title of the rule accordingly, and create the Registered Forester Committee as required by Arkansas Code § 15-31-102(g). Finally, the fee schedule for registered forester certifications, examinations, and renewals was removed to simplify the Arkansas Forestry Commission’s annual fee review required by Arkansas Code §§ 17-31-303(b), 17-31-307(f). Please note that the final version of the rule has a few minor changes from the originally filed version. We revised 17 CAR § 20-105(b)(2)(B) to allow the Registered Forester Committee chair to request an item be added to the meeting agenda; 17 CAR § 20-107(a) to add the word “registered” before “forester” to avoid confusion; re-worded 17 CAR § 20-108(b)(3)(A) to clarify reciprocity requirements; removed the requirement that a complaint be notarized in 17 CAR § 20-112(a)(2); and revised 17 CAR § 20-112(a)(3) to state that complaint review is by both the department and committee.

No public hearing was held on this rule. The public comment period expired September 2, 2026. The commission indicated it received no public comments. Isaac Linam, an attorney with the Bureau of Legislative Research, asked the following questions and received the following responses: QUESTION (1): In 17 CAR § 20-109(c)(3)(B), it looks like some language may be missing at the end or the language may be out of order. Is this a typo? If so, how should it read? RESPONSE: 17 CAR § 20-109(c)(3)(B) is drafted correctly. QUESTION (2): Arkansas Code § 25-15-105(b)(2)(A) provides that “[a]n agency assessing or imposing a fee or penalty shall promulgate the fee or penalty by rule.” Subdivision (b)(2)(B) provides that “[a]n agency is not required to promulgate a fee or penalty by rule if the specific amount of the fee or penalty is set by statute.” Subdivision (b)(2)(C) provides that “[a] rule assessing or imposing a fee or penalty shall be submitted to the Legislative Council for review and approval before a fee or penalty may be assessed or imposed by the agency.” Your rule summary states that “the fee schedule for registered forester certifications, examinations, and renewals was removed to

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