TITLE 17: CONSERVATION
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AUTHORITY: Implementing and authorized by the Timber Buyers Licensing Act [225 ILCS 735].
SOURCE: Adopted and codified at 8 Ill. Reg. 4492, effective March 28, 1984; amended at 9 Ill. Reg. 2942, effective February 26, 1985; amended at 12 Ill. Reg. 16018, effective September 27, 1988; amended at 13 Ill. Reg. 19954, effective December 12, 1989; amended at 15 Ill. Reg. 5219, effective March 28, 1991; amended at 16 Ill. Reg. 8499, effective May 26, 1992; recodified by changing the agency name from Department of Conservation to Department of Natural Resources at 20 Ill. Reg. 9389; amended at 27 Ill. Reg. 7761, effective April 21, 2003.
Section 1535.1 Timber Buyer's License
a) All timber buyers, as defined by the Illinois Timber Buyers Licensing Act [225 ILCS 735/2] , shall obtain a license from the Department before engaging in the business of timber buying. Application for such license shall be filed on forms provided by the Department and shall contain the following minimum information:
1) Name of applicant;
2) Principal officers if applicant is a corporation or the partners if applicant is a partnership;
3) Location of the principal office or place of business of the applicant;
4) The counties in which the applicant proposes to engage in the business of timber buyer;
5) The names and addresses of any persons authorized to purchase timber in the name of the licensed buyer;
6) Type and amount of bond; and
7) Any other information as required by the Department.
b) Only persons listed with the Department as authorized buyers may represent the licensee. Authorized buyers shall designate in all contractual arrangements that the licensee is the timber buyer. Failure to comply with this provision shall constitute "buying timber without a timber buyer's license". Authorized buyers may only be listed on one license. To be eligible to hold a timber buyer's license, the applicant must be at least 18 years of age.
(Source: Amended at 27 Ill. Reg. 7761, effective April 21, 2003)
Section 1535.5 Records
The books, accounts, records and papers used in the conduct of a timber buyer's business must contain, at a minimum, the following information regarding each timber purchase:
a) date of purchase. For all purposes, except the payment of harvest fees, the date of purchase shall be the date the purchase agreement was made;
b) date of payments;
c) amount of payments;
d) amount of harvest fee;
e) date harvest fee sent to Illinois Department of Natural Resources; and
f) name, address and telephone number of seller.
(Source: Amended at 27 Ill. Reg. 7761, effective April 21, 2003)