312 IAC 14-6-4 Necessary parties; joinder; intervention

Sec. 4. (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.