Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 50 - COMMISSION ON LOCAL GOVERNMENT › Chapter 20 - ORGANIZATION AND REGULATIONS OF PROCEDURE › Part V - Formal Commission Reviews › Section 1VAC50-20-630 - Public hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A. In all cases
				  where a public hearing is required by law, the commission shall conduct the
				  public hearing at which any interested person or party may testify. The
				  commission shall generally schedule the public hearing in conjunction with the
				  oral presentations held, if any, with respect to the issue; however, public
				  hearings regarding proposed town incorporations required pursuant to §
										15.2-3601
				  of the Code of Virginia shall be held no sooner than 30 days after receipt of
				  the court request for commission review.
B. Prior to holding the public hearing the
				  commission shall publish notice of the pending hearing as required by law.
In addition to the notice of public hearing required by
					 this subsection, a town that is a party to an agreement defining annexation
					 rights negotiated pursuant to §
											15.2-3231
					 of the Code of Virginia shall give written notice of the commission's hearing
					 at least 10 days before the hearing to the owners or their agent of each parcel
					 of land included in the area proposed for annexation under the terms of the
					 agreement. One notice sent by first-class mail to the last known address of the
					 owners or their agent as shown on the current county real estate tax assessment
					 books or current county real estate tax assessment records shall be deemed
					 adequate compliance with this requirement, provided that the clerk of the town
					 shall make an affidavit that the mailings have been made and file the affidavit
					 with the commission.
C. The
				  commission shall request the party initiating the issue before it and the other
				  principally affected parties to place on public display in or adjacent to the
				  office of the chief administrative officer of each principally affected local
				  government copies of all materials which are available to them and which have
				  been submitted to the commission for consideration with respect to the issue.
				  The material should be made conveniently available to the public during normal
				  working hours. The commission also encourages the parties to make available to
				  the public other copies of the material at libraries, educational facilities,
				  or other public places in order that the public might have ample opportunity to
				  study the material prior to the public hearing. The commission's advertisements
				  published under subsection B of this section shall announce the availability of
				  the material at the offices of the administrators and at other facilities as
				  may be selected by the parties for display purposes.
D. The commission shall request the chief
				  administrative officer (or other official) of each jurisdiction principally
				  affected by the issue before the commission to make suitable arrangements in or
				  adjacent to their offices for the registration of speakers at the public
				  hearing. The commission shall furnish appropriate registration forms for that
				  purpose. The commission's advertisements under subsection B of this section
				  shall advise the public that registration to speak at the public hearing may be
				  accomplished at the offices of the local administrators or, alternatively,
				  through the offices of the commission in Richmond. The commission may also
				  permit speakers to register at the site and at the time of the public hearing
				  and shall request the assistance of the local administrative officers in making
				  suitable arrangements for such registration.
E. The chair or other member of the
				  commission designated to preside over the proceedings shall select the site for
				  the public hearing subsequent to the receipt of recommendations from the
				  parties. Recommendations from the parties should be based upon a site's
				  accessibility to residents of the areas and jurisdictions principally affected,
				  its seating capacity, the adequacy of parking facilities, the availability of a
				  public address system, and seating arrangements permitting the commission to
				  have proper visual contact with the public.
F. The commission shall request the parties
				  to cooperate in the preparation of the site for the public hearing and shall
				  request that a minimum number of maps and exhibits be placed on display at the
				  site in order that persons testifying may identify their residences, property,
				  businesses, or other concerns in relation to the proposed issue.
G. The commission shall request the local
				  jurisdiction within which the site for the public hearing is situated to make
				  appropriate arrangements in order to assure the security and the orderliness of
				  the proceedings.
H. The chair or
				  the presiding member shall determine the sequence of speakers at a public
				  hearing, but the sequence shall ordinarily conform to the sequence of their
				  registration. The chair or presiding member may, however, vary the sequence of
				  speakers in order that persons from all affected jurisdictions and areas, and
				  those representing different perspectives, might have equal opportunity for the
				  timely presentation of their comments.
I. The commission shall endeavor to allow any
				  person or party wishing to speak at a public hearing an opportunity to do so.
				  The chair or presiding member may establish time limits for the presentation of
				  testimony as the chair or presiding member deems appropriate. The chair or
				  presiding member may also rule testimony irrelevant, immaterial, or unduly
				  repetitious. Proponents and opponents of a proposed action are encouraged to
				  designate a chief spokesman for economy of time and for the avoidance of
				  repetitious comment.
J. Any person
				  or party testifying before the commission at the public hearing may extend
				  their remarks in written form for subsequent submission. During the course of
				  the public hearing, the commission shall establish a date by which the extended
				  written comment must be received for consideration.
K. The commission may record by mechanical
				  device, unless other arrangements are made, all testimony given during the
				  public hearing but shall prepare a transcript of the recording only when it
				  deems appropriate. The commission shall provide any person or party with a copy
				  of the transcript or recording, if made, at a price sufficient to cover the
				  expense incurred. The parties may arrange to provide a court reporter, at their
				  expense. Where a court reporter is utilized, the commission shall receive one
				  copy of the transcript.
L. The
				  commission may, where it deems appropriate, consolidate two or more interlocal
				  issues for purposes of a public hearing.
Statutory Authority: §
												15.2-2903
						of the Code of Virginia.