Section 312 IAC 14-6-2 - Contents of administrative complaintAuthority: IC 25-36.5-1-9
Affected: IC 25-36.5-1; IC 26-1-2
Sec. 2.
(a) A complaint filed under this rule shall include the following: (1) The name and address of the timber grower.(2) The name and address of the timber buyer or timber cutter.(3) An averment that the timber buyer or timber cutter:(A) has acquired timber from the timber grower under a written contract for the sale of timber without payment having been made to the timber grower as specified in the contract; or(B) if: (i) there is no written contract for the sale of timber; or(ii) there is a written contract for the sale of timber but the contract does not set forth the purchase price for the timber; the timber buyer or timber cutter has cut timber or acquired timber from the timber grower without payment having been made to the timber grower equal to the value of the timber as determined under IC 26-1-2.(4) A description of the location or locations where the timber was alleged to have been cut. This description shall be referenced with reasonable particularity and shall include the county or counties affected.(5) The date or dates when the subject timber is alleged to have been cut.(6) A claim for damages, which claim shall be limited to the following: (A) Damages in compensation for damage actually resulting from the wrongful activities of a timber buyer or timber cutter.(B) Damages equal to three (3) times the stumpage value of any timber that is wrongfully cut or appropriated without payment.(b) A party may file with the division of hearings a request for a more definite statement if a complaint does not conform to the requirements of subsection (a). Where a request is made under this subsection within thirty (30) days of filing the complaint and the complaint does not conform with subsection (a), the administrative law judge shall grant the request.(c) Upon a proper motion of a party, a complaint which does not comply with section 1 of this rule and with subsection (a) shall be dismissed by the administrative law judge.Natural Resources Commission; 312 IAC 14-6-2; filed May 27, 1997, 3:50 p.m.: 20 IR 2749; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; readopted filed May 26, 2009, 11:21 a.m.: 20090624-IR-312090154RFAReadopted filed 9/30/2015, 11:55 a.m.: 20151028-IR-312150156RFAReadopted filed 5/19/2021, 4:16 p.m.: 20210616-IR-312210110RFA