Section 10. Definitions

A. 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.

"Commission" means the Marine Resources Commission.

"Commissioner" means the commissioner of Marine Resources or his designee.

"Division" means the Habitat Management Division of the commission.

"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 division, or (iv) any combination of them in the formation and development of chapters 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 decision as to the membership of the group shall be at the discretion of the commissioner.

"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, similar to that provided for in § 9-6.14:7.1 of the Administrative Process Act, held in conjunction with the Notice of Public Comment to afford persons an opportunity to submit views and data relative to chapters on which a decision of the commission 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 actions.

B. Unless specifically defined in this chapter, terms used shall have the meanings commonly ascribed to them.

Historical Notes

Derived from VR450-01-0045 § 1, eff. June 2, 1987; amended, Volume 09, Issue 05, eff. January 1, 1993; Volume 10, Issue 15, eff. May 18, 1994.

Statutory Authority

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