Authority: IC 25-36.5-1-9

Affected: IC 4-21.5-3-8; IC 25-36.5-1-3.2; IC 26-1-2

Sec. 1. (a) The division director or a timber grower may, under IC 4-21.5-3-8, file a complaint with the division of hearings against a timber buyer or a timber cutter to seek compensation under IC 25-36.5-1-3.2 and this rule.

(b) The division director or a timber grower may file a complaint only if there is reason to believe that:

1. (1) the timber buyer or timber cutter has acquired timber from a 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

2. (2) if:

   1. (A) there is no written contract for the sale of timber; or
   2. (B) there is a written contract for the sale of timber but the contract does not set forth the purchase price for the timber;
3. 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 described under IC 26-1-2.

(c) The filing of a complaint under this section initiates a proceeding which is governed by IC 4-21.5 and 312 IAC 3-1.

(Natural Resources Commission; 312 IAC 14-6-1; filed May 27, 1997, 3:50 p.m.: 20 IR 2748; 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)