CADDNAR


[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.