Sec. 1. As used in this chapter: “Person” means an individual, partnership, firm, association, business trust, limited liability company, or corporation. “Timber” means trees, standing or felled, and logs which can be used for sawing or processing into lumber for building or structural purposes or for the manufacture of any article. “Timber” does not include […]
Sec. 10. A person who: (1) engages in business as a timber buyer without securing a registration or in violation of this chapter; or (2) refuses to permit inspection of the person’s premises, books, accounts, or records as provided in this chapter; commits a Class A misdemeanor. However, the offense is a Level 6 felony […]
Sec. 11. No certificate of registration shall be issued to any person who is in default to the people of the State of Indiana for moneys due under this chapter. Formerly: Acts 1972, P.L.190, SEC.1.
Sec. 12. The department may, after notice and a hearing, revoke the registration certificate or license of any person who violates any of the provisions of this chapter. All proceedings under this chapter to revoke a license shall be conducted in the manner prescribed by IC 4-21.5-3. Formerly: Acts 1972, P.L.190, SEC.1. As amended by […]
Sec. 13. The department may, by application to any circuit court, superior court, or probate court, or to a judge thereof, obtain an injunction restraining any person who engages in the business of timber buying in this state without a certificate of registration (either because the person’s certificate has been revoked or because of a […]
Sec. 13.5. In addition to the other penalties prescribed by this chapter, the director may, under IC 4-21.5, impose a civil penalty on a person who violates this chapter. A civil penalty imposed under this section may not exceed the following limits: (1) For engaging in business as a timber buyer without securing a registration […]
Sec. 14. All final administrative decisions under this chapter shall be subject to judicial review under IC 4-21.5-5. Formerly: Acts 1972, P.L.190, SEC.1. As amended by P.L.7-1987, SEC.133.
Sec. 15. (a) An individual who acts as the agent of a timber buyer must have an agent’s license and carry the agent’s card that verifies the license. (b) An agent’s license may be granted only: (1) to qualified individuals; (2) at the written application of the timber buyer who the agent is to represent; […]
Sec. 16. (a) The director may revoke, suspend, deny, or refuse to issue any license or agent’s registration under that license if the applicant or holder of that license has: (1) been convicted of a felony; (2) violated any provision of this chapter; or (3) violated any rule or regulation of the department promulgated under […]
Formerly: Acts 1975, P.L.274, SEC.4. As amended by P.L.188-1991, SEC.1. Repealed by P.L.220-1993, SEC.10.
Sec. 18. (a) The definitions set forth in IC 10-13-3 apply throughout this section. (b) The department shall under IC 10-13-3-27(b) request and obtain the release of a limited criminal history from the state police department on each person who applies to the department under this chapter for the issuance of either of the following: […]
Sec. 2. (a) On and after July 28, 1972, no person shall engage in the business of timber buying in the state of Indiana without a registration certificate issued by the department. Application for Indiana registration to engage in the business of timber buying shall be filed with the department. Such application shall set forth […]
Sec. 2.1. (a) A contract to purchase timber must be in writing pursuant to: (1) the Uniform Commercial Code (IC 26-1); and (2) the rules adopted by the department. (b) No person shall engage in the purchase of timber with a timber grower without a written contract as described in subsection (a). (c) Each timber […]
Sec. 3. (a) Every person registered as a timber buyer shall file with the department an effective surety bond issued by a corporate surety authorized to engage in the business of executing surety bonds in Indiana. (b) Instead of the bond required by subsection (a), the department may accept security in cash or a certificate […]
Sec. 3.1. The department may under IC 4-21.5-3-6 issue a notice of violation against a person who has violated this chapter or the rules adopted under this chapter. The notice of violation shall be issued to the registrant and the registrant’s sureties stating in general terms: (1) the nature of the violation; and (2) that […]
Sec. 3.2. (a) This section refers to an adjudicative proceeding against: (1) a timber buyer; or (2) a person who cuts timber but is not a timber buyer (referred to as a “timber cutter” in this section). (b) The department may under IC 4-21.5-3-8 commence a proceeding against a timber buyer or a timber cutter […]
Sec. 3.3. (a) If the amount realized by the department from a bond or security forfeited under section 3(g) of this chapter, after deducting expenses incurred by the department in converting the bond or security into money, is greater than the amount of the liability of the timber buyer as determined under this chapter, the […]
Sec. 3.5. (a) A timber buyer who intends to cease doing business as a timber buyer in Indiana and who seeks the return of a deposit of cash or a certificate of deposit that the timber buyer submitted to the department under section 3(b) of this chapter must submit the following to the department: (1) […]
Sec. 4. The following shall be unlawful and a violation of this chapter: (a) For any timber buyer to fail to pay, as agreed, for any timber purchased. (b) For any timber buyer to cut or cause to be cut or appropriate any timber not purchased. (c) For a timber buyer to willfully make any […]
Sec. 4.9. The director may refuse to issue a timber buyer registration certificate to an applicant that has: (1) been convicted of a felony; (2) violated a provision of this chapter; (3) violated a rule adopted by the department under this chapter; or (4) an active or pending suspension of a timber buyer license under […]
