[CITE: Ransom v. DNR, 4 CADDNAR 1 (1986)]
[VOLUME 4, PAGE 1]
Cause #: 86-016F
Caption: Lowell Ransom v. DNR
Administrative Law Judge: Lucas
Attorneys: pro se (Ransom); McInerny, DAG
Date: May 13, 1986
ORDER
The
renewal for 1986 of a timber buying registration certificate as sought by
Lowell Ransom is denied. No registration under IC 25-36.5-1 shall be issued to
Lowell Ransom until the judgment entered in the Warrick Circuit Court, Cause Number C-79-33 is satisfied and released of
record.
FINDINGS OF FACT
1.
The department of natural resources (hereinafter the "Department") is
an agency as defined in IC 4-22-1. The natural resources commission
(hereinafter the "Commission") is the ultimate authority of the
Department with respect to this administrative action in accordance with IC
14-3-3-21.
2.
IC 25-36.5-1 provides for the registration of a person engaged in timber
buying. As stated in IC 25-36.5-1-2(a), "no person shall engage in the
business of timber buying in the state of Indiana without a registration
certificate (hereinafter a "timber buyer's license") issued by the
Department."
3.
Pursuant to IC 25-36.5-1-1, a "timber buyer" is defined as a
"person engaged in the business of buying timber from timber growers for
sawing into lumber, processing or resale. . . ."
4. A
timber buyer's license is "valid for a calendar year and may be renewed
annually." [IC 25-36.5-1-6.]
5.
Lowell Ransom (hereinafter "Ransom") held a timber buyer's license
before 1986. He made a written application for renewal of the license for
calendar year 1986 and enclosed a check for payment of the annual license fee.
6.
By letter dated February 11, 1986, Jack E. Nelson, Timber Licensing Forester
for the Division of Forestry returned the license application and the license
fee to Ransom. The letter rejected the renewal application on the basis that a
judgment was rendered in the Warrick Superior Court, Cause Number C-79-33,
against Ransom and in favor of Tom L. Polen and Edith
M. Polen with respect to the cutting of timber.
7.
By letter dated February 14, 1986, Ransom requested a hearing to provide
administrative review of the denial of his timber buyer's license renewal. This
administrative action results from that letter and hearing request.
8.
IC 25-36.5-1-16 provides that the Department may refuse to issue a timber
buyer's license where the timber buyer has violated a provision of IC
25-36.5-1. A violation of IC 25-36.5-1 occurs where a timber buyer "is in
default to the people of the state of Indiana for moneys due under" that
chapter. [IC 25-36.5-1-11.]
9. A
judgment was rendered following a jury trial in the Warrick Circuit Court in
Cause Number C-79-33 for moneys due under IC 25-36.5-1 on June 15, 1984 against
Lowell Ransom and in favor of Tom L. Polen and Edith
M. Polen in the amount of $9,000.00.[FOOTNOTE i]
10.
The Judge's Docket of the Warrick Circuit Court indicates the judgment set
forth in Finding 9 has not been fully or partially satisfied by Ransom.
11.
The timber buyer's license renewal application by Lowell Ransom for 1986 should
not be granted until the judgment set forth in Findings 9 is satisfied.
FOOTNOTE
i. Lowell Ransom is uncertain as to
the details of the judgment rendered against him in the Warrick Circuit Court,
but he does not refute that Tom Polen and Edith Polen have, following a jury trial, obtained a judgment
against him with respect to timber cutting on their property. Ransom does not
believe he was adequately represented by his attorney during the trail, nor
does he believe that the judgment obtained against him was fair. If Ransom has
a grievance with the judicial determination, he must seek relief from that
determination from the Warrick Circuit Court or from the Indiana Court of
Appeals. The Natural Resources Commission cannot properly review the conduct of
a judicial trail or second-guess the results of a jury
[VOLUME 4, PAGE 2]
verdict.