                                 CODE OF VIRGINIA

 AUTHORITY AND DUTIES OF DIRECTOR (§ 45.2-1003)

A. 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 &#xA7; 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 (&#xA7; 2.2-4000 et seq.) and the Virginia Register Act (&#xA7;
2.2-4100 et seq.).

B. 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 (&#xA7; 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. 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:

   1. 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;

   2. To administer the program for the purchase and reclamation of abandoned and
   unreclaimed mine areas pursuant to Article 4 (&#xA7; 45.2-1031 et seq.);

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

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

D. 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.

HISTORY: 1979, c. 290, § 45.1-230; 1982, c. 425; 1984, c. 590; 2021, Sp. Sess.
I, cc. 387, 532.