CADDNAR


[CITE: DNR v. Mark Thomas, 4 CADDNAR 47 (1987)]

 

[VOLUME 4, PAGE 47]

 

Cause #: 87-051V

Caption: DNR v. Mark Thomas
Administrative Law Judge: Drew
Attorneys: McInerny, DAG; Mark Thomas
Date: August 19, 1987

ORDER

 

Claimant's request, that the 16 foot Glastron boat registered to Respondent be deemed abandoned, is granted and is to be disposed of at public auction.

FINDINGS OF FACT

 

1. On July 15, 1987 a hearing was held and evidence presented regarding this cause.

 

2. IC 4-22-1 and 310 IAC 0.5-1 apply to this proceeding.

 

3. The Department of Natural Resources is an agency as defined in IC 4-22-1. The Natural Resources Commission is the ultimate authority of the Department in respect to this proceeding.

 

4. The Commission has jurisdiction over the subject matter and parties to this proceeding.

 

5. The notice of hearing was given to: [service list omitted.]

 

6. During the winter of 1985-1986 a boat registered to Respondent was found abandoned on the shoreline of Raccoon Lake within the Raccoon State Recreation Area.

 

7. Respondent was notified by letter dated June 19, 1986 that his boat had been located and again on July 29, 1986 by certified mail.

 

8. Respondent made no response to either letter and the Division of Reservoir Management of the Department of Natural Resources (the "Claimant") subsequently petitioned for a hearing to determine whether the boat should be deemed abandoned and sold at a public auction.

 

9. 310 IAC 5-1-8 (d) provides in part that a boat left unclaimed for over thirty days after notification of its impoundment by certified mail will be considered abandoned and may then be disposed of at public auction.

 

10. The boat in question has not been claimed and thirty days have elapsed since Claimant notified Respondent of the boat's impoundment.

 

11. Pursuant to 310 IAC 5-1-8 (d) Respondent's boat has been abandoned and can now be sold at public auction.