[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.