HEARING OFFICER-INFORMAL/RECLAMATION 21361

07/01/92 B

This is the first class in a series for positions responsible for administering the Department of Mines, Minerals and Energy administrative civil penalty assessment program. Positions conduct assessment conferences at the mine site and affirm, modify, or vacate penalty assessments using a regulatory point system; compost conference and informal hearing decisions in report format recommending related enforcement and assessment actions which should be taken. Positions also supervise and direct on-site reclamation construction operations for bond forfeiture projects. This class is distinguished from the Hearing-Assessment Coordinator/Reclamation by the latter's responsibility for actions that are provided by the Virginia Coal Surface Mining Control and Reclamation Act (Act) to contest the Notice of Violation (NOV) or Cessation Order (CO) while the Coordinator is responsible for coordinating the administrative and judicial review processes under the Act.

Complexity of Work: Performs work of considerable difficulty in conducting informal hearings to gather information and review the facts of NOV/CO to determine whether the enforcement action was proper in view of the regulation(s) cited and the Division of Mined Land Reclamation (DMLR) policies and procedures. Reviews NOV/CO's by evaluating information in the enforcement inspector's reports and reviewing existing files in accordance with DMLR policies, procedures, laws, and regulations to determine if a civil penalty should be assessed. Positions conduct assessment conferences at the mine site to affirm, modify, or vacate a penalty assessment; compose conference and informal hearing decisions to make recommendations concerning actions the DMLR should take on issues relating to enforcement and assessment actions; trains or retrains new and experienced enforcement personnel on the assessment program and in the use of a seismograph; and assists in updating and maintaining a video and slide library. Directs on-site reclamation construction operations for bond forfeiture projects; and monitors projects to determine compliance with applicable laws and regulations, engineering standards and detailed plans and guidelines. Positions design reclamation plans and specifications to reclaim permit sites in accordance with statutory and regulatory requirements; maintain updated permit and bond forfeiture file; and document all reclamation activities.

Supervision Given: Supervision is not typically a factor; however, positions may provide directions to construction personnel to ensure an area is reclaimed as specified in the project plans.

Supervision Received: Direction is provided by the Reclamation Chief Engineer who instructs this class and the conference officers, informing the incumbent of the location, time, and date and ensuring that a decision is submitted to the Compliance Manager in a timely manner.

Scope: Positions in this class are responsible for conducting informal hearings in accordance with the Act on a statewide basis. Positions determine whether an NOV/CO was properly issued and submitted a written recommendation to the Compliance Manager who can either approve and act on the recommendation or overrule it.

Impact of Actions: Decisions made in conformity with the statutory and regulatory requirements will ensure protection of the environment and public health and safety, while promoting maximum recovery of the Commonwealth's resources. Work recommendations and decisions directly affect the Enforcement Inspector's effectiveness in enforcing the Act's requirements. Additionally, decisions affect permittees by determining if their operations were being conducted in compliance with the permit's approved plans and applicable reclamation standards. Finally, decisions and recommendations may adversely impact the general public in the vicinity of surface coal mining and reclamation operations if the mining operation failed to comply with the permanent regulatory program requirements.

Personal Contacts: Infrequent internal contact with the Virginia Assistant Attorney General to consult with concerning legal matters. Frequent external contact with mine operators to schedule and conduct informal hearings and to provide information; Office of Surface Mining to monitor the Virginia Assessment and Administrative Review process; landowners and the general public to discuss reclamation plans, complaints, and post-mining usage; construction contractors to explain, interpret, or determine compliance with plans, to supervise reclamation work, or to discuss objectives or problems. Frequent external contact is also made with contract engineers to discuss reclamation plans and specifications, objectives and problems; and private testing laboratories to obtain independent test results which determines compliance with regulations.

Knowledge: Considerable knowledge of Virginia coal surface mining and reclamation laws and regulations; of scientific and civil engineering principles. Working knowledge of the principles for conducting hearings, of legal processes and procedures.

Skills: Working skill in the operation of a seismograph.

Abilities: Demonstrated ability to read, interpret, and communicate the Division of Mined Land Reclamation policies, procedures, laws, regulations and mining and reclamation methods, systems and procedures; to conduct hearings and control the record; to ascertain and evaluate facts; to analyze information; to compile and organize hearing proceedings into written report format; and to communicate effectively both orally and in writing.

QUALIFICATIONS GUIDE*

License or Certification: Valid driver's license.

Education or Training: Graduation from an accredited college or university with course work in the natural sciences or a related field.

Level and Type of Experience: Some experience in the areas of mining, conservation, reclamation procedures, rules and regulations, or related areas.

An equivalent combination of training and experience indicating possession of the preceding knowledge, skills and abilities may substitute for this education and experience.

This class was revised as a result of agency restructuring, effective July 1992.