V-361 



ARTICLE 5 

 GENERAL PROVISIONS 



Part One 

 Administrative Procedures 



5.101 - Rules and Regulations 



(o) The Department shall adopt, amend and repeal, and prescribe the effective dates for 

 rules of procedures for all activities it is authorized to undertake, and for regulations it may 

 deem necessary or desirable for the implementation and enforcement of this act, or to carry 

 out its responsibility under this act. 



(b) The Department shall prepare and provide for the editing, publishing, compiling and 

 indexing of all such rules and regulations. 



(c) Any person or governmental agency may petition the Department requesting the promul 

 gation, amendment or repeal of any rule or regulation. The Department shall prescribe by rule 

 the form for such petitions and the procedure for their submission, consideration and disposi- 

 tion. 



5.102 - Notice and Hearing Required 



In addition to when required by other provisions of this act, notice shall be given and a 

 hearing held whenever the Department makes or takes the following decisions or actions: 

 (a) the adoption, amendment or repeal of rules and regulations except those relating solely 

 to the internal management of the Department; (b) the adoption, revision, amendment or repeal 

 of the water plan or the plan for the tidal region, or part or parts thereof; (c) the issuance, re- 

 vision or revocation of permits; (d) the approval or refusal to approve of projects; (e) the de- 

 signation of all or any portions of the shore lands of the tidal region as areas of restricted 

 development and revisions or abolition of such designations; (f ) the approva I or disapproval 

 flf development regulations submitted by other governmental agencies and any revocation of 

 such approval; and (g) the leasing of parcels of submerged tidal lands to be used for protect- 

 ing, sowing, bedding or cultivating of oyster or other shellfish. 



5.103 - Notice 



(a) Unless otherwise specified in this act whenever notice is required it shall be given 

 by publication once a week for two successive weeks in a newspaper having general circula- 

 tion in the area, or portion or portions of the State to be affected by the proposed action of the 

 Department. If the purpose of such notice is to give notice of a proposed public hearing, the 

 notice shall identify the subject or subjects to be considered and specify the time, not less 

 than ten (10) days after final publication, and place of hearing at which interested persons or 

 governmental agencies may appear and present their views. In addition to newspaper publica- 

 tion, notice of the proposed action of the Department, or of the public hearing, shall be posted 

 in a conspicuous place at the offices of the Department. 



(b) The Department may mail a copy of the notice to each person and governmental agency 

 which the Department believes may be affected by the proposed action of the Department or by 



