444.530. Powers of commission--rules, procedure.

Powers of commission--rules, procedure.

444.530. 1. The commission may:

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

(2) Encourage and conduct investigation, research, experiments anddemonstrations, and collect and disseminate information relating to stripmining and reclamation and conservation of lands and waters affected bystrip mining;

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

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

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

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

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

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

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

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

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

(12) Accept, receive and administer grants or other funds or giftsfrom public and private agencies and individuals, including the federalgovernment, for the purpose of carrying out any of the functions ofsections 444.500 to 444.789, including the reclamation of lands strip minedprior to September 28, 1971. The commission may promulgate such rules andregulations or enter into such contracts as it may deem necessary forcarrying out the provisions of this subdivision;

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

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

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

(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)