Section 444.767

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 444

Effective - 28 Aug 2001   

  444.767.  Powers of commission — rules, procedure, review. — The commission may:

  (1)  Adopt and promulgate rules and regulations pursuant to section 444.530 and chapter 536 respecting the administration of sections 444.760 to 444.790 and in conformity therewith;

  (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 444.760 to 444.790;

  (5)  Conduct hearings pursuant to sections 444.760 to 444.790 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 444.760 to 444.790 or any corrective order of the commission;

  (7)  Order forfeiture of any bond for failure to comply with any provisions of sections 444.760 to 444.790 or any corrective order of the commission or other order of the commission;

  (8)  Cause to be instituted in any court of competent jurisdiction legal proceedings for injunction or other appropriate relief to enforce the provisions of sections 444.760 to 444.790 and any order of the commission promulgated thereunder;

  (9)  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 444.760 to 444.790 and prescribe the times at which they shall be appointed and their powers and duties;

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

  (11)  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 444.760 to 444.790, including the reclamation of lands strip mined prior to August 28, 1990.  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;

  (12)  Budget and receive duly appropriated moneys for expenditures to carry out the provisions and purposes of sections 444.760 to 444.790;

  (13)  Prepare and file a biennial report with the governor and members of the general assembly;

  (14)  Order, after hearing, an operator to adopt such corrective measures as are necessary to comply with the provisions of sections 444.760 to 444.790.

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(L. 1971 H.B. 519 § 4, A.L. 1990 H.B. 1584, A.L. 1993 S.B. 52, A.L. 2001 H.B. 453)