Section 444.530

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 444

Effective - 28 Aug 1995   

  444.530.  Powers of commission — rules, procedure. — 1.  The commission may:

  (1)  Adopt and promulgate rules and regulations respecting the administration of sections 444.500 to 444.789;

  (2)  Encourage and conduct investigation, research, experiments and demonstrations, and collect and disseminate information relating to strip mining and reclamation and conservation of lands and waters affected by strip mining;

  (3)  Examine and pass on all applications and plans and specifications submitted by the operator for the method of operation and for the reclamation and conservation of the area of land affected by the operation;

  (4)  Make investigations and inspections which are necessary to ensure compliance with the provisions of sections 444.500 to 444.789;

  (5)  Conduct hearings under sections 444.500 to 444.789 and may administer oaths or affirmations and subpoena witnesses to the inquiry;

  (6)  Order, after hearing, the revocation of any permit and to cease and desist operations for failure to comply with any of the provisions of sections 444.500 to 444.789 or any corrective order of the commission;

  (7)  Order forfeiture of any bond for failure to comply with any provisions of sections 444.500 to 444.789 or any corrective order of the commission or other order of the commission;

  (8)  Order, after hearing, an operator to adopt such corrective measures as are necessary to comply with sections 444.500 to 444.789;

  (9)  Cause to be instituted in any court of competent jurisdiction legal proceedings for injunction or other appropriate relief to enforce this law and any order of the commission;

  (10)  Retain, employ, provide for, and compensate, within the limits of appropriations made for that purpose, such consultants, assistants, deputies, clerks, and other employees on a full- or part-time basis as may be necessary to carry out the provisions of sections 444.500 to 444.789 and prescribe the times at which they shall be appointed and their powers and duties;

  (11)  Study and develop plans for the reclamation of lands that have been strip mined prior to September 28, 1971;

  (12)  Accept, receive and administer grants or other funds or gifts from public and private agencies and individuals, including the federal government, for the purpose of carrying out any of the functions of sections 444.500 to 444.789, including the reclamation of lands strip mined prior to September 28, 1971.  The commission may promulgate such rules and regulations or enter into such contracts as it may deem necessary for carrying out the provisions of this subdivision;

  (13)  Budget and receive duly appropriated moneys for expenditures to carry out the provisions and purposes of sections 444.500 to 444.789; and

  (14)  Prepare and file a biennial report with the governor and members of the general assembly.

  2.  No rule or portion of a rule promulgated under the authority of sections 444.530 to 444.790 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

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(L. 1971 S.B. 1 § 3, A.L. 1983 S.B. 241, A.L. 1990 H.B. 1584, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)