HEARING-ASSESSMENT COORDINATOR/RECLAMATION 21362

07/01/92 A

This is the second class in a series for positions responsible for administering the Department of Mines, Minerals and Energy administrative civil penalty assessment program. The work involves determining appropriate penalties for violations; supervising support staff; coordinating the administrative review process from informal to review and reconsideration hearings; and reviewing conference decisions to ensure compliance to established procedures, laws and regulations. This class is distinguished from the Hearing Officer-Informal/Reclamation by the latter's responsibility for conducting the informal hearings that are provided by the Virginia Coal Surface Mining Control and Reclamation Act to contest the Notices of Violation/Cessation Orders (NOV/CO).

Complexity of Work: Performs work of considerable difficulty implementing and administering the civil penalty assessment program. The work typically involves reviewing NOV/CO to determine appropriate civil penalty by evaluating data provided by inspectors, the permittee, and public and agency records. Position reviews conference decisions to ensure the work is performed in compliance with established policies, procedures, regulations and laws; ensure informal and assessment conference decisions are rendered in a timely fashion; and train enforcement personnel in proper reporting techniques to ensure adequate and accurate information is provided to support the issuance and assessment. Duties include reassessing initial penalty assessments; and monitoring assessment activities from initial assessment to completion of administrative/judicial appeal to determine when penalties are final. This class approves or denies hearing requests; reviews Executive Secretary of Virginia Supreme Court appointed Hearings Officer opinions to recommend affirmation, modification, overruling; acknowledges receipt of penalty payment by letter; direct preparation of final orders of assessment, lien orders and releases, and settlement agreements for penalty payment. Works with the Attorney General's Claim section in the collection of outstanding civil penalties. Files claims against potential State Income Tax refunds of individuals with outstanding penalty debts in accordance with the Department of Taxation Set-Off Debt Collection Procedures.

Supervision Given: Supervision is typically not a factor. This class reviews informal hearings decisions made by a lower level hearings officer to ensure conference conducted pursuant to division's policies and procedures. Position may supervise office services position supporting the Hearings Office.

Supervision Received: General direction is received from Reclamation Chief Engineer. The Coordinator independently makes decisions necessary to manage and direct the civil penalty assessment program.

Scope: Positions in this class are responsible for implementing and administering the civil penalty assessment program by assessing penalties according to the Act, regulations, and policies.

Impact of Actions: Decisions affect companies conducting mining operations in the state. Operations being conducted in violation of the standards set by the Act, regulations, and approved plans are subject to monetary penalties and closed if the company fails to submit payment. The assessment of penalties serves as a deterrent to mining in a fashion contrary to accepted standards. This ensures the operations are conducted in a manner that prevents or minimizes the potential for environmental damage, or danger to public health and safety. Failure to properly administer the assessment and administrative hearing processes could result in the federal government taking over the regulatory program. Improper decisions may increase the number of formal hearings and judicial appeals with increased cost to the Commonwealth and diminish the division's effectiveness in administering the regulatory program.

Personal Contacts: Frequent internal contact with the Virginia Assistant Attorney General for consultations concerning hearings, liens and collections; Circuit Court clerks to file or release liens; county administrators to schedule formal hearings; Department of Mines, Minerals and Energy staff to track assessments and refunds, and to discuss budgetary matters; and with the Executive Secretary of the Virginia Supreme Court to obtain approval to contact hearing officers. Frequent external contact with the Office of Surface Mining to provide oversight of the assessment and administrative review process; and private attorneys and company representatives to answer questions on penalties, schedule hearings and payment agreements.

Knowledge: Considerable knowledge of Virginia coal surface mining and reclamation laws and regulations; of scientific and civil engineering principles; of legal processes and procedures. Working knowledge of supervisory principles and practices.

Skills: None identified for this class.

Abilities: Demonstrated ability to advise, train and direct a professional staff; to read, interpret, analyze, and communicate the Division of Mined Land Reclamation policies, procedures, laws and regulations; to ascertain and evaluate facts; to review information from various sources and determine relevant data to render a decision; to develop and implement program objectives; to utilize available computer resources; and to communicate effectively orally and in writing.

QUALIFICATIONS GUIDE*

License or Certification: None.

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 as a Hearing Officer, or experience in the area of mining, conservation and reclamation which includes interpretation of statutes and regulations, or related areas.

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

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