82-4-422. Powers, duties, and functions. (1) The department has the powers, duties, and functions to:
     (a) issue permits when it is found on the basis of the information set forth in the application and an evaluation of the operation by the department that the requirements of this part and rules adopted to implement this part will be observed and that the operation and the reclamation of the affected area can be carried out consistently with the purpose of this part;
     (b) amend permits in accordance with the provisions of 82-4-436;
     (c) reclaim any affected land with respect to which a bond has been forfeited; and
     (d) make investigations or inspections that are considered necessary to ensure compliance with any provision of this part.
     (2) The board shall:
     (a) adopt rules that pertain to opencut mining in order to accomplish the purposes of this part;
     (b) adopt rules establishing uniform procedures for filing of necessary records, for the issuance of permits, and for any other matters of administration not specifically enumerated in this part; and
     (c) conduct hearings and, for the purposes of conducting those hearings, administer oaths and affirmations, subpoena witnesses, compel attendance of witnesses, hear evidence, and require the production of any books, papers, correspondence, memoranda, agreements, documents, or other records relevant or material to the inquiry.

     History: En. Sec. 6, Ch. 326, L. 1973; amd. Sec. 19, Ch. 39, L. 1977; R.C.M. 1947, 50-1506; amd. Sec. 404, Ch. 418, L. 1995; amd. Sec. 11, Ch. 507, L. 1999; amd. Sec. 15, Ch. 79, L. 2001; amd. Sec. 2, Ch. 325, L. 2001.