Administrative Code

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Virginia Administrative Code
Title 4. Conservation And Natural Resources
Agency 15. Department of Wildlife Resources
Chapter 10. Public Participation Guidelines

4VAC15-10-10. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 1.1:1 (§ 9-6.14:1 et seq.) of Title 9 of the Code of Virginia.

"Agency" means the Department of Game and Inland Fisheries.

"Approving authority" means the Board of Game and Inland Fisheries established pursuant to the Environmental Protection Law as the legal authority to adopt regulations.

"Director" means the Director of the Department of Game and Inland Fisheries or his designee.

"Environmental Protection Law" means the provisions found in the Virginia statutory law authorizing the approving authority or agency or both to make regulations or containing procedural requirements thereof including, but not limited to, Title 29.1 of the Code of Virginia.

"Formal hearing" means agency processes other than those informational or factual inquiries of an informal nature provided in § 9-6.14:7.1 of the Administrative Process Act and includes only opportunity for private parties to submit factual proofs in evidential hearings as provided in § 9-6.14:8 of the Administrative Process Act.

"Locality particularly affected" means any locality which bears any identified disproportionate material impact which would not be experienced by other localities.

"Participatory approach" means a method for the use of (i) standing advisory committees, (ii) ad hoc advisory groups or panels, (iii) consultation with groups or individuals registering interest in working with the agency, or (iv) any combination thereof in the formation and development of regulations for agency consideration. When an ad hoc advisory group is formed, the group shall include representatives of the regulated community and the general public. The decisions as to the membership of the group shall be at the discretion of the director.

"Person" means an individual, a corporation, a partnership, an association, a governmental body, a municipal corporation, or any other legal entity.

"Public hearing" means an informal proceeding, held in conjunction with the Notice of Public Comment and similar to that provided for in § 9-6.14:7.1 of the Administrative Process Act, to afford persons an opportunity to submit views and data relative to regulations on which a decision of the approving authority is pending.

"Public meeting" means an informal proceeding conducted by the agency in conjunction with the Notice of Intended Regulatory Action to afford persons an opportunity to submit comments relative to intended regulatory action.

Unless specifically defined in the Environmental Protection Law or in this chapter, terms used shall have the meanings commonly ascribed to them.

Statutory Authority

§§ 2.2-4007 and 29.1-103 of the Code of Virginia.

Historical Notes

Derived from VR325-05-1 § 1, eff. May 4, 1994.

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