Authority: IC 25-36.5-1-9

Affected: IC 4-21.5-3-6; IC 25-36.5-1

Sec. 2. (a) The division of forestry may, under IC 4-21.5-3-6, issue a notice of violation against a timber buyer who violates IC 25-36.5-1 or this article.

(b) The notice of violation shall be in writing and include the following:

1. (1) A designation that the document is a "Notice of Violation".
2. (2) The name of the timber buyer against which the notice is directed and the name of any person who has provided bond for the timber buyer under this article.
3. (3) The nature of the violation.
4. (4) What action is appropriate to abates the violation.
5. (5) A statement that a person aggrieved by the notice of violation shall, within twenty-three (23) days of issuance, either abates the violation or request administrative review from the division of hearings. The department and the timber buyer may, however, enter an agreement by which the period for abatement is extended beyond twenty-three (23) days.

(c) If a notice of violation is issued under this section and the timber buyer neither abates the violation nor requests administrative review in a timely fashion, the department may, under 312 IAC 14-5, forfeit the bond.

(Natural Resources Commission; 312 IAC 14-4-2; filed May 27, 1997, 3:50 p.m.: 20 IR 2747; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; readopted filed May 26, 2009, 11:21 a.m.: 20090624-IR-312090154RFA; readopted filed Sep 30, 2015, 11:55 a.m.: 20151028-IR-312150156RFA; readopted filed May 19, 2021, 4:16 p.m.: 20210616-IR-312210110RFA; readopted filed Mar 25, 2025, 9:50 a.m.: 20250423-IR-312240574RFA)