Title 28.2. Fisheries and Habitat of the Tidal Waters
Chapter 2. General Provisions
Article 2. Fishery Regulations.
§ 28.2-209. Publication of proposed regulations.No regulation of general application shall be promulgated until the express terms or a summary including a statement of purpose and substance of the proposed regulation has been published by and at the expense of the agency at least once in daily papers published and having general circulation in Richmond, Norfolk, and Newport News. If the regulation has only local application, a similar notice shall be published in daily or weekly papers, whichever have greater circulation in the locality in which the regulation applies. A copy of every regulation shall be filed in the office of the Commission and open to public inspection. Such publication and filing shall be not less than fifteen days prior to the day on which the public hearing is scheduled. The published notice shall state the time, place, and nature of the hearing.
1962, c. 406, § 28.1-24; 1984, c. 187; 1988, c. 364; 1992, c. 836; 2001, c. 599.
§ 28.2-210. Adoption of emergency regulations.If, in an emergency, the adoption of a regulation is necessary for the immediate preservation of the public peace, health, safety, and welfare, or the protection of the seafood industry, natural resources or marine organisms, the Commission may promulgate the necessary regulation. The regulation shall be published and filed as prescribed in § 28.2-209. No regulation adopted as an emergency regulation shall remain in effect longer than thirty days unless a public hearing is held as required in § 28.2-211 after being advertised as prescribed in § 28.2-209.
1962, c. 406, § 28.1-25; 1992, c. 836.
§ 28.2-211. Hearing on proposed regulations.A public hearing shall be held by the agency at the time and place designated in the notice prescribed in § 28.2-209. An opportunity shall be afforded all interested persons to be heard and to submit objections, amendments, evidence and arguments.
1962, c. 406, § 28.1-26; 1992, c. 836.
§ 28.2-212. Adoption of regulations.A regulation may be adopted in the form in which it was filed or as amended at the public hearing, provided the amendments do not alter the primary purpose of the regulation.
1962, c. 406, § 28.1-26; 1992, c. 836.
§ 28.2-213. Distribution of new regulations.A copy of any regulation of general application adopted by the Commission shall be sent to the Registrar of Regulations, the clerks of the circuit courts of all counties and cities in Tidewater Virginia, and to all Commission officers.
1962, c. 406, § 28.1-27; 1984, c. 187; 1992, c. 836.
§ 28.2-214. Right of petition to Commission.Any interested person may petition the Commission requesting the promulgation, amendment or repeal of any regulation.
1962, c. 406, § 28.1-28; 1992, c. 836.
§ 28.2-215. Judicial review of validity of regulations.Judicial review of any regulation shall be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
1962, c. 406; 1986, c. 615, § 28.1-29; 1992, c. 836.
