Administrative Code

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Virginia Administrative Code
Title 4. Conservation And Natural Resources
Agency 20. Marine Resources Commission
Chapter 340. Public Participation Guidelines

4VAC20-340-20. General.

A. The procedures in 4VAC20-340-30 of this chapter shall be used by the division for soliciting the input of interested persons in the initial formation and development, amendment, or repeal of chapters in accordance with the Administrative Process Act. This chapter does not apply to chapters exempt from the provisions of the Administrative Process Act (§ 9-6.14:4.1 A and B of the Code of Virginia) or excluded from the operation of Article 2 of the Administrative Process Act (§ 9-6.14:4.1 C of the Code of Virginia).

B. The failure of any person to receive any notice or copies of any documents provided under this chapter shall not affect the validity of any chapter.

C. Any person may petition the commission for the adoption, amendment or repeal of a chapter. The petition, at a minimum, shall contain the following information:

1. Name of petitioner;

2. Petitioner's mailing address and telephone number;

3. Petitioner's interest in the proposed action;

4. Recommended chapter or addition, deletion or amendment to a specific chapter;

5. Statement of need and justification for the proposed action;

6. Statement of impact on the petitioner and other affected persons; and

7. Supporting documents, as applicable.

The commission shall provide a written response to such petition within 180 days from the date the petition was received.

Statutory Authority

§§ 2.2-4007 and 28.2-103 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0045 § 2, eff. June 2, 1987; amended, Virginia Register Volume 9, Issue 5, eff. January 1, 1993; Volume 10, Issue 15, eff. May 18, 1994.

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