444.767. Powers of commission--rules, procedure, review.
Powers of commission--rules, procedure, review.
444.767. The commission may:
(1) Adopt and promulgate rules and regulations pursuant to section444.530 and chapter 536, RSMo, respecting the administration of sections444.760 to 444.790 and in conformity therewith;
(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 444.760 to 444.790;
(5) Conduct hearings pursuant to sections 444.760 to 444.790 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 444.760 to 444.790 or any corrective order of the commission;
(7) Order forfeiture of any bond for failure to comply with anyprovisions of sections 444.760 to 444.790 or any corrective order of thecommission or other order of the commission;
(8) Cause to be instituted in any court of competent jurisdictionlegal proceedings for injunction or other appropriate relief to enforce theprovisions of sections 444.760 to 444.790 and any order of the commissionpromulgated thereunder;
(9) Retain, employ, provide for, and compensate, within the limits ofappropriations 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 444.760 to 444.790 andprescribe the times at which they shall be appointed and their powers andduties;
(10) Study and develop plans for the reclamation of lands that havebeen strip mined prior to September 28, 1971;
(11) 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 444.760 to 444.790, including the reclamation of lands strip minedprior to August 28, 1990. The commission may promulgate such rules andregulations or enter into such contracts as it may deem necessary forcarrying out the provisions of this subdivision;
(12) Budget and receive duly appropriated moneys for expenditures tocarry out the provisions and purposes of sections 444.760 to 444.790;
(13) Prepare and file a biennial report with the governor and membersof the general assembly;
(14) Order, after hearing, an operator to adopt such correctivemeasures as are necessary to comply with the provisions of sections 444.760to 444.790.
(L. 1971 H.B. 519 § 4, A.L. 1990 H.B. 1584, A.L. 1993 S.B. 52, A.L. 2001 H.B. 453)