45.1-230 - Authority and duties of Director.
§ 45.1-230. Authority and duties of Director.
A. The authority to publish and promulgate such regulations as may benecessary to carry out the purposes and provisions of this chapter is herebyvested in the Director. Regulations shall be consistent with regulationspromulgated by the Secretary pursuant to the federal act or in conformity toany court ruling construing such act. In promulgating such regulations, theDirector shall provide an opportunity for public comment, both oral andwritten, and shall give public notice of proposed regulations, in accordancewith the Administrative Process Act (§ 2.2-4000 et seq.) and the VirginiaRegister Act (§ 2.2-4100 et seq.).
A1. In addition to the adoption of regulations under this chapter, theDirector may at his discretion issue or distribute to the publicinterpretative, advisory or procedural bulletins or guidelines pertaining topermit applications or to matters reasonably related thereto withoutfollowing any of the procedures set forth in the Administrative Process Act(§ 2.2-4000 et seq.). The materials shall be clearly designated as to theirnature, shall be solely for purposes of public information and education, andshall not have the force of regulations under this chapter or under any otherprovision of this Code.
B. The authority to administer and enforce the provisions of this chapter ishereby vested in the Director. In administering and enforcing the provisionsof this chapter, the Director shall exercise the following powers in additionto any other powers conferred upon him by law:
1. To supervise the administration and enforcement of this chapter; to makeinvestigations and inspections necessary to insure compliance with thischapter; to conduct hearings, administer oaths, issue subpoenas and compelthe attendance of witnesses and production of written or printed material asprovided for in this chapter; to issue orders and notices of violation; toreview and vacate or modify or approve orders and decisions; and order thesuspension, revocation, or withholding of any permit for failure to complywith any of the provisions of this chapter or any rules and regulationsadopted thereunder;
2. To administer the program for the purchase and reclamation of abandonedand unreclaimed mine areas pursuant to Article 4 (§ 45.1-260 et seq.) of thischapter;
3. To encourage and conduct investigations, research, experiments anddemonstrations, and to collect and disseminate information relating to coalsurface mining and reclamation of lands and waters affected by coal surfacemining;
4. To receive any federal or state funds, or any other funds, and to enterinto any contracts for which funds are available to carry out the purposes ofthis chapter;
5. To enter into cooperative agreements with the Secretary to regulate coalsurface mining on federal lands.
C. The Division of Mined Land Reclamation shall have the responsibilitiesprovided under this chapter and such duties and responsibilities as theDirector may assign, or as may be provided for in regulations promulgated bythe Director.
(1979, c. 290; 1982, c. 425; 1984, c. 590.)