CHAPTER 539

An Act to amend and reenact §§ 9-6.2 and 29-126, as amended, of th
Code of Virginia, relating, respectively, to certain definitions pertain

ing to administrative agencies and to publication of proposed regula
tions concerning hunting, fishing and trapping. rH 548

Approved March 31, 1960

Be it enacted by the General Assembly of Virginia:
1. That §§ 9-6.2 and 29-126, as amended, of the Code of Virginia, b
amended and reenacted as follows:

§ 9-6.2. For the purpose of this chapter:

(a) “Agency” means any State department, commission, board o
officer, having State-wide jurisdiction, authorized by law to make rules o:
to adjudicate contested cases, except those pertaining to the legislative or
judiciary departments, and except the Department of Workmen’s Com-
pensation, State Corporation Commission, the Commission of Game and
inland Fisheries, State Board of Education and the Department of Edu-
cation.

(b) “Rule” means any regulation (including amendments and re-
peals) of general application and future effect affecting private rights,
privileges or interests, promulgated by an agency to implement, extend,
apply, interpret or make specific the legislation enforced or administered
by it, but does not include regulations solely concerning internal manage-
ment of the agency or of the State government, nor regulations of which
notice is customarily given to the public only by markers or signs, nor
mere instructions.

(c) “Contested case’? means a proceeding before an agency in which
the rights, duties or privileges of a person are required by law to be
determined after a hearing, but shall not include controversies relating
to the amount, the payment or the refund of a tax, controversies relating
to the issuance, denial, revocation or suspension of licenses by the Virginia
Alcoholic Beverage Control Board; nor, in cases in which an agency issues
a license, permit or certificate after an examination to test the knowledge
or ability of the applicant, controversies over whether the examination
was fair or whether the applicant passed the examination.

(d) The provisions of this chapter shall not apply to rules relating
to or contested cases involving the conducting of public elections, the
conduct of inmates of public institutions, the conduct of students at public
schools or public educational institutions, the conduct of persons in the
military service or the receipt of public assistance.

§ 29-126. The full text of any regulations proposed shall be pub-
lished not less than fifteen nor more than thirty days before the same may
be acted upon and shall name the time and place that the matters men-
tioned therein will be taken up, at which time any interested citizen shall
be heard. Such publication, if the proposed regulations be of local appli-
cation, shall be made in a newspaper published in the county, or, if there
be none such, in a newspaper in the adjoining county or section or in such
other manner as may be convenient. However, such publication, if the
proposed regulations be of State-wide application, shall be made in a news-
paper in every county and city in which a newspaper is published. Also, a
copy of such proposed regulations, being of either local application or
State-wide application, shall be filed in the office of the Division of Statu-
tory Research and Drafting, where it shall be subject to inspection during
office hours by any person. Such filing must not be less than fifteen nor
more than thirty days prior to the day on which the public hearing on
such proposed regulations is to be held.