20-27-1308. Director — Powers and duties generally.

20-27-1308. Director — Powers and duties generally. (a) In addition to other powers and authority provided by law, the Director of the Division of Labor or his or her authorized representative shall have the following authority: (1) To promulgate rules for the administration and enforcement of this subchapter after public hearing and opportunity for public comment; (2) To establish by rule standards for the performance of blasting operations at mines after public hearing and opportunity for public comment; (3) To investigate as to any violation of this subchapter or any rule or order issued under this subchapter; (4) To administer oaths, take or cause to be taken the depositions of witnesses, and require by subpoena the attendance and testimony of witnesses and the production of all records and other evidence relative to any matter under investigation or hearing; (5) To enter and inspect during normal business hours any mine, any place of business of a mine owner or operator, or any place of business of any contractor engaged in blasting operations at any mine for the purpose of ascertaining compliance with this subchapter and any rule or order issued under this subchapter. This right of entry includes the right to examine, inspect, and copy any appropriate records and to question any employees; (6) To issue cease and desist orders, as well as orders directing that affirmative measures be taken to comply with this subchapter and any rule issued under this subchapter; (7) To require, at his or her discretion, a mine owner or operator or contractor to offer a pre-blast survey of all buildings or structures up to a radius of one-half (½) mile of the perimeter of the mine before the initiation of blasting or the continuation of blasting under such terms and conditions as may be established by order of the director; (8) To require, at his or her discretion, a mine owner or operator or contractor to develop and submit a blasting plan for approval; (9) To require, at his or her discretion, a mine owner or operator or contractor to monitor and measure air blasts or ground vibration, or both, under such terms and conditions as may be established by order of the director or to conduct such monitoring and measuring through his or her authorized representative; (10) To issue a variance from any specific requirement of this subchapter or any rule issued under this subchapter, provided that literal compliance would constitute an undue hardship and that reasonable safety of persons and property is secured; (11) To certify to official acts; (12) To assess civil penalties as provided in § 20-27-1313; and (13) To enforce generally this subchapter and the rules and orders issued under this subchapter. (b) In determining whether to order a pre-blast survey or whether to order monitoring and measurement of air blasts and ground vibration, the director may consider the nature of any written complaints made against that owner or operator or contractor or any written complaints about that specific mine location, as well as the number and frequency of such complaints. (c) In case of failure of any person to comply with any subpoena lawfully issued under this section or upon the refusal of any witness to produce evidence or to testify to any matter regarding which he or she may be lawfully interrogated, it shall be the duty of any circuit court or judge thereof, upon application of the Division of Labor, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued by the court or a refusal to testify therein.