Evening star., 1951-08-11
.AdvisoryCounciIAs Asks
Revamping Of Rules
OF Virginia Agencies
BY the Assoeioied Press

vi virginia Agencies
BY the Associated Press
RICHMOND, Va, Aug. 1.-THE
Virginia Advisory Legislative Coun-
Icil has proposed a complete re-
vamping of the way State agen-
cies issue rules and regulations.
In a 14-page report to the Gov
|ernor and the General Assembly
yesterday, the VALC asked for the
right of court appeal from hun
Idreds of rules issued each year by
the agencies.
The proposed legislation would
permit court appeals from deci-
sions of the State Alcoholic Bev-
Ierage Control Board denying beer
and wine licenses and this is ex-
Ipected to touch off a legislative
fight.
Would Scrap Code.
The report asked for the scrap
ping of both the administrative
code of Virginia and the COM
mission on administrative agen-
Icies.
VALC proposed to replace the
commission. which now passes on
all rules, by giving jurisdiction to
render declaratory judgments on
rules to the Richmond Circuit
Court or to the Court of Records
in the area in which the aggrieved
lperson resides.
VALC would require agencies to
print up-to-date pamphlets con-
tanning their rules.
In the report were answeres
to objections registered against
the plan at a public hearing held
here May /. The commission re-
jected appeals for exclusion by
name from the proposed legisla-
tion of the ABC Board. the State
Police, the Highway Department,
the Unemployment Compensation
Commission and the Department
Iof Labor.
It exempted by name only the
State Corporation Commission and
the Industrial Commission, from
whose rules appeal already may be
taken to the State Supreme Court.
Main Purpose Of Bill.
But it compromised with a few
of the objections by exempting
certain functions" no matter
what agency performed them.
The main purpose of the pro-
posed bill is Ito keep agencies
from exercising power not con-
!ferred upon them by the general
assembly" VALC said.
THE method of accomplishing
that purpose is to give everybody
affected by agency action the right
to be heard by the agency and the
right to a day in court. e.,
The VALC needed a complaint
from the division of motor We
hicles that to permit court ap-
Ipeals by applicants for drivers Ii
Icenses who failed to pass exami-
nations, would be impractical. 1t
exempted that function from the
proposed bill.
1t set up a system for emergency
rules that could be temporarily
put into effect. without the elab-
crate system of hearings and no.
tices required for other rules, to
meet an objection of the State
Department of Labor.
Sharp Language Used.
But it used sharp language to
turn down most of the objections
of the ABC Board.
At the hearings, board men,
bers predicted that if judicial re-
view of it's decisions were made
easy, there would be 500 appeals
year. That, it argued. would tie
up not only the board but the
courts.
The VALC report said the mem
bers do not anticipate that many
appeals. Besides, it aided, ''it is
not good for large numbers of
citizens to believe that the State
has denied them justice by deny
ing them access to the courts.
Each of the thousands of decisions
made each year by the State
Corporation Commission is SUBJ
Iject to appeal, as a matter of
right, and there have been fewer
than 150 appeals in As years"
The report notes the bill does
not permit the judges to substi-
tute their discretion for that Of
the agency; the court merely
checks the procedure and the ex-
tent of authority exercised.
To those agencies who had
stated they should be exempted
because their rules had always
been reasonable and had never
been enforced in an arbitrary
manner. the report answered:
so long as an agency stays
within the law, the bill will moi
. interfere with it. ,"
5 Tax Controversies Excluded.
Controversies over taxes arr
; excluded from the procedure SCI
up in the proposed bill because
the report noted, existing statute.
give every taxpayer a simple anc
adequate remedy at law.
Also excluded are rules involv,
/ ing elections, the conduct of in.
r mates at public institutions, tn,
conduct of students at public
f educational institutions, the con.
+ duct Of persons in the militar!
= service and the receipt Of public
assistance.
Il The report was transmitted b,
tltnz s,,1 /