§ 2.2-4001 Definitions
As used in this chapter, unless the context requires a different meaning: “Agency” means any authority, instrumentality, officer, board or other unit of the state government empowered by the basic laws to make regulations or decide cases. “Agency action” means either an agency’s regulation or case decision or both, any violation, compliance, or noncompliance with which could be a basis for the imposition of injunctive orders, penal or civil sanctions of any kind, or the grant or denial of relief or of a license, right, or benefit by any agency or court. “Basic law” or “basic laws” means provisions of the Constitution and statutes of the Commonwealth authorizing an agency to make regulations or decide cases or containing procedural requirements therefor. “Case” or “case decision” means any agency proceeding or determination that, under laws or regulations at the time, a named party as a matter of past or present fact, or of threatened or contemplated private action, either is, is not, or may or may not be (i) in violation of such law or regulation or (ii) in compliance with any existing requirement for obtaining or retaining a license or other right or benefit. “Guidance document” means the same as that term is defined in § 2.2-4101. “Hearing” means agency processes other than those informational or factual inquiries of an informal nature provided in §§ 2.2-4007.01 and 2.2-4019 and includes only (i) opportunity for private parties to submit factual proofs in formal proceedings as provided in § 2.2-4009 in connection with the making of regulations or (ii) a similar right of private parties or requirement of public agencies as provided in § 2.2-4020 in connection with case decisions. “Hearing officer” means an attorney selected from a list maintained by the Executive Secretary of the Supreme Court in accordance with § 2.2-4024. “Public assistance and social services programs” means those programs specified in § 63.2-100. “Registrar” means the Registrar of Regulations employed as provided in § 2.2-4102. “Rule” or “regulation” means any statement of general application, having the force of law, affecting the rights or conduct of any person, adopted by an agency in accordance with the authority conferred on it by applicable basic laws. “Subordinate” means (i) one or more but less than a quorum of the members of a board constituting an agency, (ii) one or more of its staff members or employees, or (iii) any other person or persons designated by the agency to act in its behalf. “Virginia Register of Regulations” means the publication issued under the provisions of Article 6 (§ 2.2-4031 et seq.). “Virginia Regulatory Town Hall” means the website operated by the Department of Planning and Budget, which has online public comment forums and displays information about regulatory actions under consideration in the Commonwealth and sends this information to registered public users.
History
This law was first created in 1975. The record of its establishment is cataloged in chapter 503 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1975 “Acts” aren’t available online. It has been modified 12 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1977, chapters 377 and 381; in 1979, chapter 613; in 1984, chapter 187; in 1985, chapters 67 and 602; in 1997, chapter 11; in 2001, chapter 844; in 2002, chapter 747; in 2007, chapters 873 and 916; in 2011, chapters 241 and 315; in 2017, chapter 488; in 2018, chapter 820; in 2019, chapter 362.
1975, c. 503, § 9-6.14:4; 1977, cc. 377, 381; 1979, c. 613; 1984, c. 187; 1985, cc. 67, 602; 1997, c. 11; 2001, c. 844; 2002, c. 747; 2007, cc. 873, 916; 2011, cc. 241, 315; 2017, c. 488; 2018, c. 820; 2019, c. 362.