Authority: IC 25-36.5-1-9

Affected: IC 4-21.5-3-21; IC 25-36.5-1-3.2

Sec. 4. (a) The necessary parties to a proceeding under this rule are:

1. (1) the timber grower;
2. (2) the timber buyer or timber cutter; and
3. (3) if the department under IC 25-36.5-1-3.2(b) initiated the proceeding by filing a complaint, the department.

(b) After the commencement of a proceeding under this rule, a party may move for the joinder of any of the following persons having a relationship to the site or the subject of the complaint:

1. (1) The person who posted bond for the timber buyer.
2. (2) A timber buyer.
3. (3) A timber cutter.
4. (4) A landowner.
5. (5) An owner of land adjacent to the land from which the timber was cut.
6. (6) A consultant receiving a fee for services related to the timber.
7. (7) A land surveyor performing a minimum standard detail survey in Indiana which conforms with IC 25-36.5-1-3.2(d)(7).
8. (8) The department, if the department has a relationship to the site or subject of the complaint as a landowner or owner of adjacent land.

(c) The administrative law judge may schedule a date by which a party must move for any joinder to be sought under subsection (b). The administrative law judge shall not, however, schedule a date by which joinder must be sought which is earlier than thirty (30) days after the initial prehearing conference.

(d) A person may seek to intervene in a proceeding as provided in IC 4-21.5-3-21.

(Natural Resources Commission; 312 IAC 14-6-4; 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-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)