Notice and hearings on adoption of Code, amendments and repeals (§ 36-100)—Virginia Decoded

Notice and hearings on adoption of Code, amendments and repeals

The adoption, amendment, or repeal of any Code provisions shall be exempt from the Administrative Process Act, Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2, pursuant to subdivision A 12 of § 2.2-4006. Before the adoption, amendment, or repeal of any Code provisions, the Board shall hold at least one public hearing. In addition to the notice requirement contained therein, the Board shall notify in writing the building official or, where none, the local governing body of every city or county in the Commonwealth. At any such hearing all persons desiring to do so shall be afforded an opportunity to present their views.

History

1972, c. 829; 1977, c. 613; 1991, c. 49; 2006, c. 719; 2010, c. 65.

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Court Decisions

. . . Richmond R. Allen and Jesse W. Nicholson v. Basil C. Burke, . . . (Court of Appeals for the Fourth Circuit, 09/22/82)
. . . relief under § 1983. 446 U.S. at 735-36, 100 S.Ct. at 1976. The Court noted, however, that . . .

. . . Shopco Distribution Company, Inc., a North Carolina . . . (Court of Appeals for the Fourth Circuit, 11/08/89)
. . . . Public Service Comm'n, 447 U.S. 530, 535-36, 100 S.Ct. 2326, 2332-33, 65 L.Ed.2d 319 (1980). . . .

. . . Board of Supervisors v. STATE BLDG. CODE TECHNICAL REVIEW . . . (COA, 07/29/08)
. . . with the notice and hearing requirements of Code § 36-100. See Code § 36-102. These requirements . . .

Seke v. Com. (COA, 03/11/97)
. . . L.Ed.2d 110 (1986) (quoting Lewis, 447 U.S. at 36, 100 S.Ct. at 2015). . . .

. . . Baltimore Gas and Electric Company and Bge Corp. v. Frank O. . . . (Court of Appeals for the Fourth Circuit, 05/02/85)
. . . v. B T Investment Managers, Inc., 447 U.S. 27, 36, 100 S.Ct. 2009, 2015, 64 L.Ed.2d 702 (1980). . . .

United States v. Elton E. Bryan, A/K/A Butch (Court of Appeals for the Fourth Circuit, 08/22/95)
. . . Chiarella v. United States, 445 U.S. 222, 235-36, 100 S.Ct. 1108, 1118-19, 63 L.Ed.2d 348 (1980) . . .

. . . Yamaha Motor Corporation, U.S.A. v. Jim's Motorcycle, . . . (Court of Appeals for the Fourth Circuit, 03/18/05)
. . . Lewis v. BT Inv. Managers, Inc., 447 U.S. 27, 36, 100 S.Ct. 2009, 64 L.Ed.2d 702 (1980). Further, . . .

Carter v. Carter (SCV, 10/10/86)
. . . Vivian a judgment against him in the amount of $36,100, plus costs of $27 and counsel fees of . . .

. . . Star Scientific, Incorporated, a Delaware Corporation v. . . . (Court of Appeals for the Fourth Circuit, 01/22/02)
. . . Lewis v. BT Investment Mgrs., Inc., 447 U.S. 27, 36, 100 S.Ct. 2009, 64 L.Ed.2d 702 (1980). . . .

Avalon Assisted Living Facilities v. Zager (COA, 12/31/02)
. . . Administrative Process Act [(APA)]," Code § 36-100. . . .

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