Board of Licensure of Foresters
- Disciplinary Action
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2006
NOTHING TO REPORT
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2005
PUTNAM, EUGENE L.
License Number: LF106
License Type: Forester
Complaint Number: FOR-39
Disposition: Decision and Order dated 3/23/05
Summary: Licensee violated the board's code of ethics by: (1) agreeingto develop a forest management plan and logging plan for a landownerwithout offering to provide the landowner a written memorandum ofthe work to be performed and the method by which fees were to becalculated; (2) failing to exercise due care in completing pertinentMaine Forest Service forms; (3) failing to exercise due care inhiring a logger who subsequently failed to pay stumpage fees; (4)failing to promptly notify the landowner when he suspected the loggerwas keeping the stumpage fees; (5) neglecting to obtain a predeterminationof the logger's independent contractor status, thus exposing thelandowner to possible workers' compensation liabilities; and (6)after the landowner broke off her relationship with licensee, refusingto give the scale slips to the landowner as required by statuteunless the landowner, who lived in Pennsylvania, came to licensee'shome.
Licensee was previously disciplined by this board, and was foundin violation by the Board of Licensure for Professional Land Surveyorson 5 different occasions, the most recent of which resulted in therevocation of licensee's surveyor's license for 2 years.
As sanctions for this violation, the board: (1) issued licenseea reprimand; (2) suspended the license for 1 year; (3) requiredthat prior to reinstatement, licensee pass the forester's examinationand pay $1950 hearing costs; and (4) put licensee on probation untilMarch 23, 2010. Conditions of probation are: (1) that licensee providethe board complaint officer with written estimates and written contractagreements for all forestry services being offered to clients, asmore fully described in the Decision and Order; (2) that in theevent licensee is requested to perform a dual role as forester andsurveyor regarding the same assignment, licensee shall disclosein writing which role he is performing to the client(s) prior tothe performance of the service; and (3) that licensee pay the hearingcosts as aforesaid no later than March 23, 2006.
WEATHERBEE, KEVIN W.
License Number: LF1008
License Type: Forester
Complaint Number: FOR-40
Disposition: Consent Agreement dated 8/24/05
Summary: Licensee, a practicing attorney in the U.S. Virgin Islands,did not complete any of the continuing education required for thelicense cycle that expired on December 31, 2002. The board renewedthe license and granted licensee a 1-year extension of time to completethe outstanding continuing education. Despite an additional reprievefrom the board, licensee was unable to obtain the continuing educationat any time during the license term. Licensee's most recent licenseexpired on December 31, 2004. Licensee has not applied for renewal.Licensee voluntary surrendered any residual right to renewal ofhis license existing under 32 MRSA §5515(8) and acknowledgedthat, if he should file an application for licensure in the future,he will be treated as a new applicant for licensure.
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2004
LUMPPIO, ROBERT E.
License Number: LF384
License Type: Forester
Complaint Number: FO-38
Disposition: Consent Agreement dated 8/25/04
Summary: Licensee marked timber for cutting in the shoreland portionof his client's property and provided a written report describingthe parameters used in marking this timber. Licensee billed theclient for marking the trees and preparing the report. Immediatelyprior to marking the shoreland timber licensee, the client, anda logger discussed harvesting options on the non-shoreland portionof the property. Licensee did not bill the client for his adviceabout the non-shoreland property. Litigation subsequently developedbetween the logger and the client concerning the logger's harvestingactivities on the non-shoreland Licensee declined the client's requestthat he testify as an expert witness on the client's behalf. Licenseedid testify as an expert witness against the client on the logger'sbehalf.
Licensee acknowledged the truthfulness and accuracy of the factsset forth above. Licensee did not admit, but agreed that the boardcould and would find that the foregoing facts constituted a violationof the forestry law and rules.
"Although Respondent only billed his client for the markingof the trees in the shoreland zone, he gave advice to that clientconcerning how harvesting activities should be conducted on theproperty inland from, and adjacent to, the shoreland zone. Whenissues developed concerning the harvesting activities undertakenimmediately thereafter by the logger on this property about whichRespondent had given advice, Respondent refused to become an expertwitness for the client. He did not have an obligation to becomean expert witness. However, after having the prior involvement withthe project and refusing to get involved on behalf of his clientRespondent had, at least, the appearance of a conflict of interestwhen he subsequently became the expert witness about these activitieson behalf of the individual who had been sued by Respondent's client.He did not avoid the conflict of interest, or appearance of a conflictof interest, when he testified on behalf of his client's opponentrelating to land about which he had provided uncompensated adviceto his client."
The board issued a warning. Licensee agreed to pay a $250 civilpenalty for reimbursement of investigative costs.
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2003
NOTHING TO REPORT
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2002
TOWER, Ervin B.
License Number: LF3162
License Type: Forester
Case Number: FO-031
Disposition: 3/13/02
Summary: Licensee acknowledged that he applied for and receivedStewardship Incentive Program (SIP) funds for road constructionand erosion control practices that were not performed under theprogram (funds that licensee subsequently repaid); that he onlypartially completed a thinning operation on another parcel of landfor which he received full payment from SIP; that he knowingly submitteda SIP needs statement for recreational trail construction on a trailthat in several places crossed onto property of a landowner otherthan the landowner receiving the cost share; and that he committedother violations of the SIP program. Licensee was issued a reprimandand a $6000 civil penalty. Licensee was also issued a one year suspension,from 4/1/02 through 3/31/03, and put on probation for two yearsstarting 4/1/03. Prior to commencement of probation, licensee mustcomplete seven hours of continuing education in forestry ethics.During the period of probation, licensee may only practice underthe guidance of a licensed professional forester, as if licenseewere an intern forester.
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2001
NOTHING TO REPORT
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2000
CARPENTER, Stanley M.
License Number: LF261
License Type: Forester
Case Number: FO-29
Disposition: Consent Agreement dated 8/1/00
Summary: Licensee acknowledged that he suggested a payment schemeto a client under which the client would have represented to theMaine Forest Service for reimbursement purposes that certain monieswere paid to the licensee which would not in fact have been paid.The licensee agreed to surrender the license and further agreedto not file any applications with the board for licensure as a licensedprofessional forester, or for any such license of a similar designationfor which a licensed professional forester would be grandparented.
PUTNAM, Eugene L.
License Number: Forester
License Type: LF106
Case Number: FO-27
Disposition: Board Order dated 5/17/00
Summary: Clients hired licensee, who was also a licensed land surveyor,to develop a forest management plan. Licensee performed the servicesrequested, but also performed survey work that the clients had notrequested. The clients refused to pay for the unauthorized work.The board concluded that licensee should have advised clients thata professional land surveyor might need to be retained, that licenseefailed to fully disclose all direct and indirect costs of the forestmanagement plan, and that licensee failed to return to clients priorto final billing to explain cost increases. Licensee was issueda reprimand and a $400 civil penalty and was placed on probationfor one year. During the period of probation, licensee was orderedto submit all written estimates and written contract agreementsfor all forestry services offered to the board, such estimates andagreements to disclose all terms and conditions of the work, includingestimated total cost, the cost of listed services, and all specificfactors upon which final bill will be based.
(See also the entry for Eugene L. Putnam in the 2001 listings forthe Board of Licensure for Professional Land Surveyors.)
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Last Updated:
August 27, 2008
