82-4-205. Administration by department. The department:
     (1) shall exercise general supervision, administration, and enforcement of this part and all rules and orders adopted under this part;
     (2) shall examine and pass upon all plans and specifications submitted by the operator for the method of operation, subsidence stabilization, water control, backfilling, grading, highwall reduction, and topsoiling and for the reclamation of the area of land affected by the operator's operation;
     (3) shall issue orders requiring an operator to adopt the remedial measures necessary to comply with this part and rules adopted under this part;
     (4) shall order the suspension of any permit for failure to comply with this part or a rule adopted under this part;
     (5) shall issue, after an opportunity for hearing, a final order revoking a permit when the requirements set forth by notice of noncompliance, order of suspension, or order requiring remedial measures have not been complied with according to the terms in the notice or order;
     (6) shall order the halting of any operation that is started without first having secured a permit as required by this part or order the cessation of operations not in compliance with this part in accordance with 82-4-251;
     (7) shall conduct hearings under the provisions of this part or rules adopted by the board;
     (8) shall make investigations and inspections necessary to ensure compliance with this part;
     (9) may encourage and conduct investigations, research, experiments, and demonstrations and collect and disseminate information relating to strip mining and to underground mining and reclamation of lands and waters affected by strip mining and underground mining;
     (10) may conduct hearings under the provisions of this part.

     History: En. Sec. 5, Ch. 325, L. 1973; amd. Sec. 18, Ch. 441, L. 1975; R.C.M. 1947, 50-1038; amd. Sec. 4, Ch. 550, L. 1979; amd. Sec. 369, Ch. 418, L. 1995; amd. Sec. 3, Ch. 273, L. 1997.