[CITE: DNR v. Loren Boyll, et al., 1 CADDNAR 31
(1981)]
[VOLUME 1, PAGE 31]
Cause #: 81-018F
Caption: DNR v. Loren Boyll, et al.
Administrative Law Judge: Clayton
Attorneys: Rodeheffer, DAG; Bitzagaio
Date: November 25, 1981
ORDER
The
Natural Resources Commission orders that: The Division of Forestry of the
Department of Natural Resources not issue a timber buyers
registration certificate to Loren A. Boyll, Thomas L.
Boyll, Steven A. Boyll,
d/b/a Boyll Logging and Sawmill.
FINDINGS OF FACT
1.
The Department of Natural Resources of the State of Indiana is agency of the
State of Indiana duly empowered to hold administrative hearings to determine
whether or not there is a possible violation of the Timber Buyers Act (IC
25-36.5-1-1 et seq.) and the rules and regulations duly promulgated thereunder and to enter an order to issue, suspend, revoke,
or refuse to issue a timber buyers license.
2.
The Department of Natural Resources has jurisdiction over the subject matter
and parties to this action.
3.
IC 25-36.5-1-2 provides that no person shall engage in the business of timber
buying in the State of Indiana without a registration certificate issued by the
State of Indiana.
4. As agreed, for any timber purchased, or for a timber buyer
to commit any fraudulent act in connection with the purchase or cutting of
timber.
5.
IC 25-36.5-1-16 directs that the Department of Natural Resources may refuse to
issue any license if the applicant or holder has violated any provision of the
Timber Buyers Act, IC 25-36.5-1-1 et seq.
6.
The terms timber buyers "registration certificate" and timber buyer's
"license" are not interchangeable in IC 25-36.5-1-1 et seq.
7.
On February 23, 1981, Loren A. Boyll Logging and
Sawmill, executed a Contract of Timber Sale, wherein Boyll
Logging and Sawmill purchased certain timber from Gerald A. Drake, timber
owner.
8.
In late February or early March, 1981, the Petitioners, herein, cut timber from
the real estate owned by Gerald A. Drake.
9.
On or about May 12, 1981, Petitioners first made application to the Department
of Natural Resources for a timber buyer's registration certificate.
10.
On or about May 12, 1981, the Department of Natural Resources returned
Petitioner's application because the amount of the check for the license fee
which accompanied said check was not in the correct amount.
11.
On or about May 14, 1981, the Department of Natural Resources received a
written complaint from Gerald A. Drake that Boyll
Logging and Sawmill had not paid for timber cut on the Drake property pursuant
to said CONTRACT OF TIMBER SALE.
12.
On or about May 20, 1981, the Department of Natural Resources returned to
Petitioners a second application submitted by Petitioners together with a
notice that a complaint had been filed by Gerald A. Drake.
13.
A dispute exists between Gerald A. Drake and the Petitioners as to whether
Gerald A. Drake has been paid by Petitioners for said timber in accordance with
the terms of the February 23, 1981 contract.
14.
Petitioners knew that a timber buyer's license was required as evidenced by the
fact that Petitioners inquired about such a license in November and December
1980.
15.
Petitioners are not now and never have been licensed as a timber buyer in the
State of Indiana.
16.
No finding of fact is made regarding the issue of whether Petitioners owe money
to Gerald A. Drake pursuant to the terms of the February 23, 1981 contract
because . . . . [the order] does not rest upon such a
finding of fact.