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) A written request for the return of the cash or certificate of deposit.
(2) An affidavit meeting the requirements set forth in subsection (b).
(b) To obtain the return of a deposit of cash or a certificate of deposit under this section, a timber buyer must execute an affidavit stating under the penalty for perjury set forth in IC 35-44.1-2-1 that the timber buyer:
(1) has ceased doing business as a timber buyer in Indiana;
(2) will not resume business as a timber buyer in Indiana after the date of the affidavit without filing a surety bond or submitting a new deposit of cash or certificate of deposit to the department;
(3) has not purchased, taken, or cut any timber for which the timber grower has not been paid; and
(4) is not a party to an executory contract for the purchase of timber under which the timber buyer has one (1) or more duties that have not been performed.
(c) Upon receiving a written request described in subsection (a)(1) and an affidavit meeting the requirements of subsection (b), the department shall publish a notice of the request in at least one (1) publication commonly read by persons active in forestry in Indiana. The notice must do the following:
(1) Identify the timber buyer requesting the release of the cash or certificate of deposit.
(2) Indicate the date of the request.
(3) State that the cash or certificate of deposit will be released to the timber buyer on a particular date, which must be at least sixty (60) days after the date of publication of the notice, unless the department is informed of a reason why the cash or certificate of deposit should not be released.
(d) On the date set forth under subsection (c)(3) in the notice given by the department, the department shall return the cash or certificate of deposit to the timber buyer unless the department has obtained information indicating that a statement set forth in the timber buyer's affidavit is false.
As added by P.L.220-1993, SEC.5. Amended by P.L.126-2012, SEC.41.
Structure Indiana Code
Title 25. Professions and Occupations
Chapter 1. Regulation of Timber Buyers by Department of Natural Resources
25-36.5-1-2. Application for Registration; Contents; Filing; Prior Registration
25-36.5-1-2.1. Purchasing Timber; Contracts in Writing
25-36.5-1-3.1. Notice of Violation of Chapter or Rules
25-36.5-1-3.2. Adjudicative Proceeding Against Timber Buyer or Cutter
25-36.5-1-3.3. Bond or Security Forfeiture Proceeds; Overage and Shortage; Effect
25-36.5-1-3.5. Cessation of Business; Requirements for Return of Deposit
25-36.5-1-4.9. Refusal to Issue Timber Buyer Registration Certificate; Grounds
25-36.5-1-6. Issuance of Registration Certificates; Renewal
25-36.5-1-7. Fees; Use by Department
25-36.5-1-8. Inspection of Premises, Records, and Papers
25-36.5-1-9. Rules and Regulations
25-36.5-1-11. Denial of Registration for Default
25-36.5-1-12. Revocation of License; Proceedings
25-36.5-1-13. Injunction; Contempt Proceedings
25-36.5-1-13.5. Civil Penalties
25-36.5-1-16. Denial, Suspension, or Revocation of License or Registration; Grounds; Hearing
25-36.5-1-18. Criminal History of Applicants for Registration Certificate or License