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Commissioner, Indiana Department of Environmental Management v.
Harry Randhawa, LA Oasis, Inc.
2009 OEA 1, (07-S-E-4042)
[2009 OEA 1= , page 1 begins]
OFFICIAL S= HORT CITATION NAME: When referring to 2009 OEA 1, cite this case as
&nbs= p; IDEM v. La Oasis, Inc., 2009 OEA 1.
Topics: &=
nbsp;
underground storage tank
piping monitoring and testing
notice
Commissioner’s Order
Petition for Administrative Review
Presiding Environmental Law Judge= :
Mary L. Davidsen
Party representatives:
IDEM:  = ; Steven D. Griffin, Esq.
Respondent:  = ; John P. Reed, Esq.; Abrahamson Reed & Bilse
Order issued:
January 22, 2009
Index category:
Land
Further case activity:
[none]
[2009 OEA 1= , page 2 begins]
STATE
OF
= &nb= sp; = &nb= sp; = ) = ENVIRONMENTAL ADJUDICATION
COUNTY OF
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COMMISSIONER, INDIANA DEP= ARTMENT OF  = ; )
ENVIRONMENTAL MANAGEMENT,= &= nbsp; &nbs= p; ) &= nbsp; &nbs= p;
IDEM Case No. 2006-15720-= S &= nbsp; &nbs= p; &= nbsp; )
<= /span>Complainant, &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; )
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<= /span>v. &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; ) &= nbsp; CAUSE NO. 07-S-E-4042
&n= bsp;  = ; &n= bsp;  = ; &n= bsp;  = ; &n= bsp; )
HARRY RANDHAWA, LA OASIS,= INC., &= nbsp; &nbs= p; )
Crown Point, Lake County,= Indiana &= nbsp; &nbs= p; &= nbsp; )
Responde= nt &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; )
=
FINDINGS
OF FACT, CONCLUSIONS OF LAW and FINAL ORDER
This matter is before the= Court pursuant to Complainant, Indiana Departme= nt of Environmental Management’s October 16, 2008 Motion to Dismiss, or in the Alternative, Motion for Default Respondent Har= ry Randhawa, La Oasis, Inc.’s Petition for Administrative Review due to = the petition’s late filing, and alternatively, for default for Respondent’s subsequent failure to meet two filing deadlines set by t= he Court. In an Order issued contemporaneously with this Findings of Fact, Conclusions of Law and Final Order, the Court granted Respondent Leave for Late Filing of its Response to Plaintiff’s (sic) Motion to Dismiss, or in the Alternative, Motion for Default. Therefore, the parti= es fully briefed their positions on dismissal and default. Complainant, IDEM, timely filed its November 13, 2008 proposed findings of fact, conclusions of law and order; Respondent did not submit proposed findings. Oral argument was not requested nor conducted. The Chief Environmental Law Judge (“ELJ”) having considered the petitions, testimony, evidence, and pleadings of the parties, now finds that judgment may be made upon the record. The Chief ELJ, by substantial evid= ence, and being duly advised, now makes the following findings of fact and conclusions of law and enters the following Final Order:
FINDINGS OF FACT
[2009 OEA 1= , page 3 begins]
used for a= ll prior correspondence to La Oasis, and to the same address provided to the C= ourt by Harry Randhawa for these proceedings.
CONCLUSIONS OF LAW
all are to = be determined anew, based solely upon the evidence adduced at that hearing and independent of any previous findings.
[2009 OEA 1= , page 4 begins]
Grisell v. =
[2009 OEA 1= , page 5 begins]
FINAL ORDER
AND THE COURT, being duly advised, hereby FINDS AND ORDERS that Complainant, Indiana Department of
Environmental Management, has provided substantial evidence required to meet
its burden of showing that Respondent’s Petition for Administrative R=
eview
was not timely filed, as a matter of law, and should be dismissed. Respondent, Harry Randhawa a=
nd La
Oasis, Inc., did not provide substantial evidence to contravene
Complainant’s requisite burden of proof and persuasion. Complainant, Indiana Department of
Environmental Management, is entitled to judgment that Respondent’s
petition for administrative review should be dismissed.
IT IS THEREFORE ORDERED, ADJUDGED AND
DECREED that Complainant, Indiana Department of Environmental
Management’s Motion to Dismiss is GRANTED. Judgment is entered in favor of
Complainant, Indiana Department of Environmental Management and against
Respondent Harry Randhawa and La Oasis, Inc, whose Petition for Administrat=
ive
Review is therefore DISMISSED. The Indiana Department of
Environmental Management’s Commissioner’s Order is the law of t=
he
case. All further proceedings
before the Office of Environmental Adjudication are hereby VACATED.
You are further notified = that pursuant to provisions of I.C. § 4-21.5-7-5, the Office of Environment= al Adjudication serves as the ultimate authority in administrative review of decisions of the Commissioner of the Indiana Department of Environmental Management. This is a Final O= rder subject to Judicial Review consistent with applicable provisions of I.C. &s= ect; 4-21.5, et seq. Pursuant to I.C. § 4-21.5-5-5= , a Petition for Judicial Review of this Final Order is timely only if it is fi= led with a civil court of competent jurisdiction within thirty (30) days after = the date this notice is served.
IT=
IS SO
ORDERED in
 =
; &n=
bsp;  =
; &n=
bsp;  =
; &n=
bsp; Hon.
Mary L. Davidsen
Chief Environmental Law Judge
[2009 OEA 1: end of decision]
2009 OEA 1 in .doc format
2009 OEA 1 in .pdf format
Commissioner, Indiana Department of Environmental Management v.
Harry Randhawa, LA Oasis, Inc.
2009 OEA 1, (07-S-E-4042)