Section 312IAC14-6-4. Necessary parties; joinder; intervention  


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  •    (a) The necessary parties to a proceeding under this rule are:

    (1) the timber grower;

    (2) the timber buyer or timber cutter; and

    (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) The person who posted bond for the timber buyer.

    (2) A timber buyer.

    (3) A timber cutter.

    (4) A landowner.

    (5) An owner of land adjacent to the land from which the timber was cut.

    (6) A consultant receiving a fee for services related to the timber.

    (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) 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)