CADDNAR


[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.