[CITE: Jerry L. Kline v. DNR, 4 CADDNAR 26 (1986)]
[VOLUME 4, PAGE 26]
Cause #: 86-029F
Caption: Jerry L. Kline v.
DNR
Administrative Law Judge: Lucas
Attorneys: Kline, pro se; McInerney, DAG
Date: May 27, 1986
ORDER
The
removal for 1986 of a timber buying registration certificate as sought by Jerry
L. Kline is denied. No registration under IC 25-36.5, 5-1 shall be issued to
Jerry L. Kline until the judgment, including interest and court costs, entered
in the Warrick Superior Court, Cause Number 84-C-50, 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.
2.
IC 25-36.5-1 provides for the registration of a person engaging 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 [D]epartment."
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.
Jerry L. Kline (hereinafter "Kline") 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 Jerry L. Kline. The letter rejected the renewal application on the basis
that a judgment was rendered in the Warrick Superior Court, Cause Number
84-C-50, against Kline and in favor of Darlene Breiner,
Ralph Muehlenbein and Paul Muehlenbein
in the amount of $3,245.42.
7.
By Letter received by the Department on March 4, 1986, Kline 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 a
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 any 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 court trial by the Warrick Superior Court in
Cause Number 84-C-50 for moneys due under IC 25-36.5-1 on December 9, 1985 in
favor of Darlene Breiner, Ralph Muehlenbein
and Paul Muehlenbein against Jerry L. Kline "in
the sum of $3,245.42 . . .[to] bear interest rate of
12% per annum from December 30, 1985, until paid in full" with costs taxed
to Kline.
10.
The judgment set forth in Finding 9 has not been fully or partially satisfied
by Kline.
11. The
timber buyer's license renewal application by Jerry L. Kline for 1986 should
not be granted until the judgment set forth in Finding 9 is satisfied.