Current through Register Vol. XLI, No. 24, June 14, 2024
Section 38-10-4 - Powers and LimitationsThe Environmental Advocate will carry out the duties of the position as set forth in this rule, and as prescribed by the Director in accordance with the following:
4.1. The Environmental Advocate will have direct access to the Director and may direct inquiries to and receive responses from the Director's executive staff and the Chief of each Office as necessary to carry out the duties of the position. The Environmental Advocate will also have access to technical information and be provided with technical assistance from DEP staff as necessary to carry out the duties of the Office. The Environmental Advocate will not request any information which is confidential, i.e., personnel records, corporate or trade secrets protected by statute, work product, etc., except as authorized by the Director. Any confidential information acquired by or in the possession of the Environmental Advocate will be kept in confidence, and the Environmental Advocate is subject to all statutes and regulations protecting such information from unlawful disclosure.4.2. The Environmental Advocate may consult with and request information from other agencies of state or federal government, as necessary to carry out the duties of the position.4.3. The Environmental Advocate may make accessible to the public any information requested except confidential information as described in subsection 4.1 of this section.4.4. The Environmental Advocate may attend open meetings, hearings, proceedings, etc., as necessary to carry out the duties of the position.4.5. The Environmental Advocate may take such actions as deemed appropriate on behalf of any person, provided, That such action is lawful and is not in conflict with subsections 4,9 and 4.10 of this section.4.6. The Environmental Advocate may provide advice and counsel to any person as necessary to carry out the duties of the position.4.7. The Environmental Advocate will in cooperation with the Public Information Office prepare and/or distribute correspondence, documents, records, reports, etc., as appropriate and necessary to carry out the duties of the position.4.8. The Environmental Advocate will be guided in all actions by the policy statement and the nine purposes set forth in West Virginia Code § 22-1-1(b).4.9. The Environmental Advocate may not in any official capacity represent any person in, or file on behalf of any person, legal or quasi-legal actions, either in support of or opposed to the Division of Environmental Protection without the expressed approval of the Director, and under the supervision of the Division of Environmental Protection's General Counsel.4.10. The Environmental Advocate may not in any official capacity organize public campaigns in support of, or in opposition to official positions taken by the Division of Environmental Protection on environmental matters, and will not in any official capacity actively participate in any such organized campaign.