CODE OF VIRGINIA

AUTHORITY AND DUTIES OF DIRECTOR (§ 45.1-230)

A. The authority to publish and promulgate such regulations as may be necessary
to carry out the purposes and provisions of this chapter is hereby vested in the
Director. Regulations shall be consistent with regulations promulgated by the
Secretary pursuant to the federal act or in conformity to any court ruling
construing such act. In promulgating such regulations, the Director shall
provide an opportunity for public comment, both oral and written, and shall give
public notice of proposed regulations, in accordance with the Administrative
Process Act (§ 2.2-4000 et seq.) and the Virginia Register Act (§ 2.2-4100 et
seq.).

A1. In addition to the adoption of regulations under this chapter, the Director
may at his discretion issue or distribute to the public interpretative, advisory
or procedural bulletins or guidelines pertaining to permit applications or to
matters reasonably related thereto without following any of the procedures set
forth in the Administrative Process Act (§ 2.2-4000 et seq.). The materials
shall be clearly designated as to their nature, shall be solely for purposes of
public information and education, and shall not have the force of regulations
under this chapter or under any other provision of this Code.

B. The authority to administer and enforce the provisions of this chapter is
hereby vested in the Director. In administering and enforcing the provisions of
this chapter, the Director shall exercise the following powers in addition to
any other powers conferred upon him by law:

   1.  To supervise the administration and enforcement of this chapter; to make
   investigations and inspections necessary to insure compliance with this
   chapter; to conduct hearings, administer oaths, issue subpoenas and compel the
   attendance of witnesses and production of written or printed material as
   provided for in this chapter; to issue orders and notices of violation; to
   review and vacate or modify or approve orders and decisions; and order the
   suspension, revocation, or withholding of any permit for failure to comply
   with any of the provisions of this chapter or any rules and regulations
   adopted thereunder;

   2.  To administer the program for the purchase and reclamation of abandoned
   and unreclaimed mine areas pursuant to Article 4 (§ 45.1-260 et seq.) of this
   chapter;

   3.  To encourage and conduct investigations, research, experiments and
   demonstrations, and to collect and disseminate information relating to coal
   surface mining and reclamation of lands and waters affected by coal surface
   mining;

   4.  To receive any federal or state funds, or any other funds, and to enter
   into any contracts for which funds are available to carry out the purposes of
   this chapter;

   5.  To enter into cooperative agreements with the Secretary to regulate coal
   surface mining on federal lands.

C. The Division of Mined Land Reclamation shall have the responsibilities
provided under this chapter and such duties and responsibilities as the Director
may assign, or as may be provided for in regulations promulgated by the
Director.

HISTORY: 1979, c. 290; 1982, c. 425; 1984, c. 590.