CADDNAR


[CITE: Theba Corporation v. DNR, 2 CADDNAR 19 (1985)]

 

[VOLUME 2, PAGE 19]

 

Cause #: 84-124R

Caption: Theba Corporation v. DNR
Administrative Law Judge: Szostek
Attorneys: Davis; Spicker, DAG
Date: March 5, 1985


ORDER

 

It is hereby determined and ordered that Cessation Order C40614-82-90 was properly issued to the Theba Corporation and is affirmed.

Findings of Fact:

 

1. The Director is included in the definition of the word "agency", as used in IC 4-22-1-2, and is duly empowered to conduct administrative hearings pursuant to IC 4-22-1.

 

2. The Director may, pursuant to IC 13-4.1-2-2(c), delegate any or all of his powers and duties assigned to him in this article to other employees of the Department.

 

3. Steven J. Szostek is an employee of the Department.

 

4. Theba Corporation is a corporation licensed to do business in Indiana, with offices at 301 East Elm Street, New Albany, Indiana.

 

5. In a letter dated June 18, 1984, Roger D. Davis, attorney for Theba, requested administrative review of the above Cessation Order.

 

6. A pre-hearing conference was held on August 14, 1984.

 

7. Petitioner submitted a Legal Brief on September 12, 1984. [see Appendix "E"]

 

8. Respondent filed a Reply Brief on October 4, 1984 [see Appendix "F"].

 

9. Petitioner filed a Reply Brief on October 22, 1984 [see Appendix "G"].

 

10. The Director has jurisdiction over the subject matter in this administrative cause.

 

11. Based upon the stipulation and briefs of the parties, CO #40614-82-90 was properly issued to Theba Corporation.