{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1003.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1003.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1003.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1003.html"}],"law_id":81745,"edition_id":1,"section_id":81745,"structure_id":15822,"section_number":"45.2-1003","catch_line":" Authority and duties of Director","history":"1979, c. 290, \u00a7 45.1-230; 1982, c. 425; 1984, c. 590; 2021, Sp. Sess. I, cc. 387, 532.","full_text":"A\n\nThe authority to adopt regulations necessary to carry out the purposes and provisions of this chapter is vested in the Director. Such regulations shall be consistent with regulations adopted by the Secretary pursuant to the federal act or in conformity with any court ruling construing such act. The Director may adopt by regulation definitions other than those provided in § 45.2-1000 as necessary to carry out the intent of this chapter. Unless otherwise directed by law, in adopting regulations, the Director shall comply with the Administrative Process Act (§ 2.2-4000 et seq.) and the Virginia Register Act (§ 2.2-4100 et seq.).B\n\nIn addition to the adoption of regulations under this chapter, the Director may issue or distribute to the public interpretative, advisory, or procedural bulletins 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.). Such materials shall be clearly designated as to their nature, shall be provided solely for purposes of public information and education, and shall not have the force of regulations.C\n\nThe authority to administer and enforce the provisions of this chapter is 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\n\nTo supervise the administration and enforcement of this chapter; to make investigations and inspections necessary to ensure 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 to order the suspension, revocation, or withholding of any permit for failure to comply with any provision of this chapter or any regulation adopted hereunder;2\n\nTo administer the program for the purchase and reclamation of abandoned and unreclaimed mine areas pursuant to Article 4 (§ 45.2-1031 et seq.);3\n\nTo 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\n\nTo receive any federal, state, or other funds and to enter into any contracts for which funds are available to carry out the purposes of this chapter; and5\n\nTo enter into cooperative agreements with the Secretary to regulate coal surface mining on federal lands.D\n\nThe Division of Mined Land Repurposing 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 adopted by the Director.","order_by":null,"text":{"0":{"id":292829,"text":"The authority to adopt regulations necessary to carry out the purposes and provisions of this chapter is vested in the Director. Such regulations shall be consistent with regulations adopted by the Secretary pursuant to the federal act or in conformity with any court ruling construing such act. The Director may adopt by regulation definitions other than those provided in § 45.2-1000 as necessary to carry out the intent of this chapter. Unless otherwise directed by law, in adopting regulations, the Director shall comply with the Administrative Process Act (§ 2.2-4000 et seq.) and the Virginia Register Act (§ 2.2-4100 et seq.).","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":292830,"text":"In addition to the adoption of regulations under this chapter, the Director may issue or distribute to the public interpretative, advisory, or procedural bulletins 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.). Such materials shall be clearly designated as to their nature, shall be provided solely for purposes of public information and education, and shall not have the force of regulations.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":292831,"text":"The authority to administer and enforce the provisions of this chapter is 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:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":292832,"text":"To supervise the administration and enforcement of this chapter; to make investigations and inspections necessary to ensure 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 to order the suspension, revocation, or withholding of any permit for failure to comply with any provision of this chapter or any regulation adopted hereunder;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":292833,"text":"To administer the program for the purchase and reclamation of abandoned and unreclaimed mine areas pursuant to Article 4 (§ 45.2-1031 et seq.);","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":292834,"text":"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;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":292835,"text":"To receive any federal, state, or other funds and to enter into any contracts for which funds are available to carry out the purposes of this chapter; and","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":292836,"text":"To enter into cooperative agreements with the Secretary to regulate coal surface mining on federal lands.","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"D"},"8":{"id":292837,"text":"The Division of Mined Land Repurposing 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 adopted by the Director.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C5"}},"ancestry":[{"id":15822,"edition_id":1,"name":"General and Administrative Provisions","identifier":"1","label":"article","depth":5,"order_by":1,"parent_id":13540,"metadata":{},"date_created":"2026-06-26 04:00:07","date_modified":"2026-06-26 04:00:07","permalink":{"id":223699,"object_type":"structure","relational_id":15822,"identifier":"1","token":"45.2\/II\/C\/10\/1","url":"\/45.2\/II\/C\/10\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13540,"edition_id":1,"name":"Virginia Coal Surface Mining Control and Reclamation Act of 1979","identifier":"10","label":"chapter","depth":4,"order_by":1,"parent_id":13539,"metadata":{},"date_created":"2026-06-26 03:45:10","date_modified":"2026-06-26 03:45:10","permalink":{"id":223697,"object_type":"structure","relational_id":13540,"identifier":"10","token":"45.2\/II\/C\/10","url":"\/45.2\/II\/C\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13539,"edition_id":1,"name":"Surface Coal Mines","identifier":"C","label":"part","depth":3,"order_by":1,"parent_id":12985,"metadata":{},"date_created":"2026-06-26 03:45:10","date_modified":"2026-06-26 03:45:10","permalink":{"id":223695,"object_type":"structure","relational_id":13539,"identifier":"C","token":"45.2\/II\/C","url":"\/45.2\/II\/C\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12985,"edition_id":1,"name":"Coal Mining","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12713,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":222647,"object_type":"structure","relational_id":12985,"identifier":"II","token":"45.2\/II","url":"\/45.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12713,"edition_id":1,"name":"Mines, Minerals, and Energy","identifier":"45.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":222539,"object_type":"structure","relational_id":12713,"identifier":"45.2","token":"45.2","url":"\/45.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":66688,"structure_id":15822,"section_number":"45.2-1000","catch_line":" Definitions","url":"\/45.2-1000\/","token":"45.2\/II\/C\/10\/1\/45.2-1000","metadata":false},{"id":73821,"structure_id":15822,"section_number":"45.2-1001","catch_line":" Limitations of chapter","url":"\/45.2-1001\/","token":"45.2\/II\/C\/10\/1\/45.2-1001","metadata":false},{"id":62492,"structure_id":15822,"section_number":"45.2-1002","catch_line":" Application of chapter","url":"\/45.2-1002\/","token":"45.2\/II\/C\/10\/1\/45.2-1002","metadata":false},{"id":81745,"structure_id":15822,"section_number":"45.2-1003","catch_line":" Authority and duties of Director","url":"\/45.2-1003\/","token":"45.2\/II\/C\/10\/1\/45.2-1003","metadata":false},{"id":78394,"structure_id":15822,"section_number":"45.2-1004","catch_line":" Training and certification of blasters","url":"\/45.2-1004\/","token":"45.2\/II\/C\/10\/1\/45.2-1004","metadata":false},{"id":86390,"structure_id":15822,"section_number":"45.2-1005","catch_line":" Conflicts of interest prohibited","url":"\/45.2-1005\/","token":"45.2\/II\/C\/10\/1\/45.2-1005","metadata":false},{"id":61036,"structure_id":15822,"section_number":"45.2-1006","catch_line":" Resisting, etc., Director or agent of the Director; penalty","url":"\/45.2-1006\/","token":"45.2\/II\/C\/10\/1\/45.2-1006","metadata":false},{"id":68422,"structure_id":15822,"section_number":"45.2-1007","catch_line":" Coal Surface Mining Regulatory Fund","url":"\/45.2-1007\/","token":"45.2\/II\/C\/10\/1\/45.2-1007","metadata":false}],"previous_section":{"id":62492,"structure_id":15822,"section_number":"45.2-1002","catch_line":" Application of chapter","url":"\/45.2-1002\/","token":"45.2\/II\/C\/10\/1\/45.2-1002","metadata":false},"next_section":{"id":78394,"structure_id":15822,"section_number":"45.2-1004","catch_line":" Training and certification of blasters","url":"\/45.2-1004\/","token":"45.2\/II\/C\/10\/1\/45.2-1004","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1003\/","history_text":"

This law was first created in 1979. The record of its establishment is cataloged in chapter 290 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1982, chapter 425; in 1984, chapter 590.<\/p>","references":false,"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":84745,"section_number":"2.2-4100","catch_line":"Short title; purpose of chapter; declaration of policy","order_by":null,"url":"\/2.2-4100\/"},{"id":66688,"section_number":"45.2-1000","catch_line":" Definitions","order_by":null,"url":"\/45.2-1000\/"},{"id":72623,"section_number":"45.2-1031","catch_line":" State Reclamation Program","order_by":null,"url":"\/45.2-1031\/"}],"permalink":{"id":223713,"object_type":"law","relational_id":81745,"identifier":"45.2-1003","token":"45.2\/II\/C\/10\/1\/45.2-1003","url":"\/45.2-1003\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1003\/","token":"45.2\/II\/C\/10\/1\/45.2-1003","dublin_core":{"Title":" Authority and duties of Director","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1003","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The authority to adopt regulations necessary to carry out the purposes and provisions of this chapter is vested in the Director<\/span>. Such regulations shall be consistent with regulations adopted by the Secretary<\/span> pursuant to the federal act<\/span> or in conformity with any court<\/span> ruling construing such act. The Director<\/span> may adopt by regulation definitions other than those provided in § 45.2-1000<\/a> as necessary to carry out the intent<\/span> of this chapter. Unless otherwise directed by law<\/span>, in adopting regulations, the Director<\/span> shall comply with the Administrative Process Act (§ 2.2-4000<\/a> et seq.) and the Virginia Register Act (§ 2.2-4100<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In addition to the adoption of regulations under this chapter, the Director<\/span> may issue<\/span> or distribute to the public interpretative, advisory, or procedural bulletins pertaining to permit<\/span> applications or to matters reasonably related thereto without following any of the procedures set forth in the Administrative Process Act (§ 2.2-4000<\/a> et seq.). Such materials<\/span> shall be clearly designated as to their nature, shall be provided solely for purposes of public information and education, and shall not have the force of regulations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The authority to administer and enforce the provisions of this chapter is vested in the Director<\/span>. In administering and enforcing the provisions of this chapter, the Director<\/span> shall exercise the following powers in addition to any other powers conferred upon him by law<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To supervise the administration and enforcement of this chapter; to make investigations and inspections necessary to ensure compliance with this chapter; to conduct hearings<\/span>, administer oaths<\/span>, issue<\/span> subpoenas<\/span>, and compel the attendance of witnesses and production of written or printed material<\/span> as provided for in this chapter; to issue<\/span> orders<\/span> and notices of violation; to review and vacate or modify or approve orders<\/span> and decisions; and to order<\/span> the suspension, revocation<\/span>, or withholding of any permit<\/span> for failure to comply with any provision of this chapter or any regulation adopted hereunder; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To administer the program for the purchase and reclamation of abandoned and unreclaimed mine areas pursuant to Article 4 (§ 45.2-1031<\/a> et seq.); <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> 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; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> To receive any federal, state, or other funds and to enter into any contracts<\/span> for which funds are available to carry out the purposes of this chapter; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> To enter into cooperative agreements with the Secretary<\/span> to regulate coal surface mining on federal lands. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Division<\/span> of Mined Land Repurposing shall have the responsibilities provided under this chapter and such duties and responsibilities as the Director<\/span> may assign or as may be provided for in regulations adopted by the Director<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n AUTHORITY AND DUTIES OF DIRECTOR (\u00a7 45.2-1003)\n\nA. The authority to adopt regulations necessary to carry out the purposes and\nprovisions of this chapter is vested in the Director. Such regulations shall be\nconsistent with regulations adopted by the Secretary pursuant to the federal act\nor in conformity with any court ruling construing such act. The Director may\nadopt by regulation definitions other than those provided in § 45.2-1000 as\nnecessary to carry out the intent of this chapter. Unless otherwise directed by\nlaw, in adopting regulations, the Director shall comply with the Administrative\nProcess Act (§ 2.2-4000 et seq.) and the Virginia Register Act (§\n2.2-4100 et seq.).\n\nB. In addition to the adoption of regulations under this chapter, the Director\nmay issue or distribute to the public interpretative, advisory, or procedural\nbulletins pertaining to permit applications or to matters reasonably related\nthereto without following any of the procedures set forth in the Administrative\nProcess Act (§ 2.2-4000 et seq.). Such materials shall be clearly\ndesignated as to their nature, shall be provided solely for purposes of public\ninformation and education, and shall not have the force of regulations.\n\nC. The authority to administer and enforce the provisions of this chapter is\nvested in the Director. In administering and enforcing the provisions of this\nchapter, the Director shall exercise the following powers in addition to any\nother powers conferred upon him by law:\n\n 1. To supervise the administration and enforcement of this chapter; to make\n investigations and inspections necessary to ensure compliance with this\n chapter; to conduct hearings, administer oaths, issue subpoenas, and compel\n the attendance of witnesses and production of written or printed material as\n provided for in this chapter; to issue orders and notices of violation; to\n review and vacate or modify or approve orders and decisions; and to order the\n suspension, revocation, or withholding of any permit for failure to comply\n with any provision of this chapter or any regulation adopted hereunder;\n\n 2. To administer the program for the purchase and reclamation of abandoned and\n unreclaimed mine areas pursuant to Article 4 (§ 45.2-1031 et seq.);\n\n 3. To encourage and conduct investigations, research, experiments, and\n demonstrations and to collect and disseminate information relating to coal\n surface mining and reclamation of lands and waters affected by coal surface\n mining;\n\n 4. To receive any federal, state, or other funds and to enter into any\n contracts for which funds are available to carry out the purposes of this\n chapter; and\n\n 5. To enter into cooperative agreements with the Secretary to regulate coal\n surface mining on federal lands.\n\nD. The Division of Mined Land Repurposing shall have the responsibilities\nprovided under this chapter and such duties and responsibilities as the Director\nmay assign or as may be provided for in regulations adopted by the Director.\n\nHISTORY: 1979, c. 290, \u00a7 45.1-230; 1982, c. 425; 1984, c. 590; 2021, Sp. Sess.\nI, cc. 387, 532.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}