CADDNAR


[CITE: Theba Corp. v. Department, 1 CADDNAR 82 (1984)]

 

[VOLUME 1, PAGE 82]

 

Cause #: 83-148R

Caption: Theba Corp. v. Department
Administrative Law Judge: Shadley
Attorneys: Abbott; Spicker, DAG
Date: August 31, 1984

ORDER

 

It is ordered this date as follows: Notice of Violation #N31206-81-217, Violation 2 of 2 and Cessation Order #C40320-81-217 are affirmed.

FINDINGS OF FACT

 

1. The Director of the Department of Natural Resources (Director) is included in the definition of agency and is duly empowered to conduct administrative hearings pursuant to IC 4-22-1.

 

2. Theba Corporation is a corporation with address 100 East Spring Street, New Albany, Indiana and with agent resident in the State of Indiana being Charles MacGreggor, as designated by Theba to the Indiana Secretary of State.

 

3. The Director has jurisdiction over the subject matter and the parties to this administrative action.

 

4. On December 6, 1983, Notice of Violation #N31206-81-217, was issued by an authorized representative of the Director to Theba Corporation.

 

5. Notice of Violation #N31206-81-217, Violation 2 of 2, cited petitioner to failure to backfill and grade in order to restore the approximate original contour of the land with all highwalls, spoil piles and depressions eliminated.

 

6. On March 20, 1985, Cessation Order #C40320-81-217 was issued by an authorized representative of the Director to Theba Corporation.

 

7. Cessation Order #C40320-81-217 Violation 1 of 1 cited petitioner for failure to abate Notice of Violation #N31206-81-217, Violation 2 of 2.

 

8. Notice of Violation #N31206-81-217, Violation 2 of 2 was lawfully and properly issued.[FOOTNOTE i]

 

9. Cessation Order #C40320-81-217 was lawfully and properly issued.[FOOTNOTE ii]

 

10. Continuation of the Temporary Relief is not proper.[FOOTNOTE iii]

FOOTNOTES


i. This finding is based upon the stipulation of the parties.


ii. This finding is based upon the stipulation of the parties.


iii. The provision of temporary relief is only an interim measure allowed pending the full hearing on the merits of a case. There is no authority to legally grant temporary relief from a notice of violation or cessation, which has been affirmed after a full hearing.