CADDNAR

[CITE: Dadel v. DNR, 5 CADDNAR 149 (1990)]

[VOLUME 5, PAGE 149]

Cause #: 90-176L

Caption: Dadel v. DNR
Administrative Law Judge: Lucas
Attorneys: Dadel, pro se; McInerny, DAG
Date: June 25, 1990

ORDER

Title to the 1979 Olympia GT-300 De-Lux inflatable watercraft to which Martin Dadel has sought title is now issued to him. The Division of Law Enforcement of the Department of Natural Resources shall do all things proper to effectuate the issuance of this title as soon as practicable.

FINDINGS OF FACT

1. The department of natural resources (the "Department") is an "agency" as the term is used in IC 4-21.5 (sometimes referred to as the "administrative adjudication act" or the "AAA").

2. The issuance in Indiana of titles to watercraft is controlled by IC 14-1-4 and 310 IAC 2-30. Even though the bureau of motor vehicles is the agency to which an application for watercraft title is made, the Department is the agency which determines to whom a watercraft title is properly issued if there is a titling dispute.

3. Until July 1, 1990, the director of the Department (the "Director") is the "ultimate authority" under IC 4-21.5 for the determination of a titling dispute under IC 14-1-4 and 310 IAC 2-30. See, particularly, IC 14-1-4-23.

4. Martin Dadel made application to the Department for title to an Olympia Model GT-300 De-Lux inflatable watercraft. The application was denied by the Department in a letter dated May 16, 1990; and a request for administrative review of the denial was made in a letter from Martin Dadel dated June 13, 1990.

5. As a result of the request for administrative review by Martin Dadel, this proceeding was commenced. This proceeding is governed by the AAA and 310 IAC 0.6.

6. On June 14, 1990, a "Notice of Prehearing Conference" was forwarded to the parties to this proceeding informing them that a prehearing conference would be conducted on June 25, 1990. The notice specified that "In order to expedite a final resolution of this matter, the administrative law judge will take official notice during the prehearing conference of the request for hearing and all attachments to that request as filed by Martin Dadel."

7. The parties appeared as scheduled for the prehearing conference on June 25, 1990. Martin Dadel appeared in person. Daniel P. McInerny, Deputy Attorney General, appeared on behalf of the Department of Natural Resources. Neither party expressed an objection to the administrative law judge taking official notice of the request for hearing filed by Dadel and to the attachments to that request.

8. The administrative law judge took official notice of all the materials filed in this proceeding, including the "request for hearing" by Martin Dadel with the following attachments:

(a) Gebrauchsanweisung (owner's manual);

(b) May 16, 1990 letter from Julena Schafstall to Martin Dadel requesting information with respect to the title application;

(d) June 7, 1990 letter from John Stivers, to Martin Dadel advising him that the application had been denied and informing him of the right to administrative review of the denial; and

(e) May 22, 1990 "Affidavit of Police Officer" providing a physical inspection of the inflatable watercraft.

9. During the prehearing conference, the Department made the inquiries concerning the watercraft and whether Dadel should receive a title to the watercraft. These inquiries were largely addressed by the record established by the official notice by administrative law judge as identified in Finding B. In addition, Martin Dadel provided three (3) photographs of the inflatable watercraft and labeling included with it. These photographs were photocopied and incorporated into the record of this proceeding without objection. Finally, Martin Dadel affirmed the accuracy of each of the pertinent

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facts during the prehearing conference.

10. At issue is an inflatable watercraft manufactured in 1979 by Okamoto Riken Gomu Company of Tokyo, Japan. The make of the inflatable watercraft is Olympia and its model is a GT-300 DeLux. The watercraft is approximately nine (9) feet six (6) inches long. This inflatable watercraft is here referred to as the "watercraft".

11. Martin Dadel purchased the watercraft from the Hertie department store in Wiesbaden, Federal Republic of Germany, in 1979. The approximate purchase price was two hundred dollars ($200), but Martin Dadel did not retain the sales receipt from the purchase.

12. Martin Dadel initially used the watercraft in Germany, Italy, and the Netherlands. At the time of this usage, there were no title or registration requirements for boats having the dimensions and design of the watercraft.

13. No person other than Martin Dadel has or ever has had an interest in the watercraft following his purchase of the watercraft from the Hertie department store in Wiesbaden.

14. The substantive requirements which must be met for the issuance of a watercraft are set forth by statute primarily in IC 14-1-4-9. Information which may not have been included in the title application made by Martin Dadel, and which the Department required at prehearing conference, has been provided.

15. The parties expressed their mutual intention that the proceeding be brought to a prompt conclusion and waived the time-frames required for filing objections to an order by an administrative law judge under IC 4-21.5-3-29. No reason exists why the Director should not make a final agency action in this proceeding on June 27, 1990 nor is there any reason why title to the watercraft should not be issued in favor of Martin Dadel.