{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4026.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4026.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4026.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4026.html"}],"law_id":76087,"edition_id":1,"section_id":76087,"structure_id":15711,"section_number":"2.2-4026","catch_line":"Right, forms, venue; date of adoption or readoption for purposes of appeal","history":"1975, c. 503, \u00a7 9-6.14:16; 1986, c. 615; 1989, cc. 677, 734; 2001, c. 844; 2014, c. 699; 2016, c. 359.","full_text":"A\n\nAny person affected by and claiming the unlawfulness of any regulation or party aggrieved by and claiming unlawfulness of a case decision and whether exempted from the procedural requirements of Article 2 (§ 2.2-4006 et seq.) or 3 (§ 2.2-4018 et seq.) shall have a right to the direct review thereof by an appropriate and timely court action against the agency or its officers or agents in the manner provided by the Rules of Supreme Court of Virginia. Actions may be instituted in any court of competent jurisdiction as provided in § 2.2-4003, and the judgments of the courts of original jurisdiction shall be subject to appeal to or review by higher courts as in other cases unless otherwise provided by law. In addition, when any regulation or case decision is the subject of an enforcement action in court, it shall also be reviewable by the court as a defense to the action, and the judgment or decree therein shall be appealable as in other cases.B\n\nIn any court action under this section by a person affected by and claiming the unlawfulness of any regulation on the basis that an agency failed to follow any procedure for the promulgation or adoption of a regulation specified in this chapter or in such agency’s basic law, the burden shall be upon the party complaining of the agency action to designate and demonstrate the unlawfulness of the regulation by a preponderance of the evidence. If the court finds in favor of the party complaining of the agency action, the court shall declare the regulation null and void and remand the case to the agency for further proceedings.C\n\nNotwithstanding any other provision of law or of any executive order issued under this chapter, with respect to any challenge of a regulation subject to judicial review under this chapter, the date of adoption or readoption of the regulation pursuant to § 2.2-4015 for purposes of appeal under the Rules of Supreme Court shall be the date of publication in the Register of Regulations.","order_by":null,"text":{"0":{"id":273085,"text":"Any person affected by and claiming the unlawfulness of any regulation or party aggrieved by and claiming unlawfulness of a case decision and whether exempted from the procedural requirements of Article 2 (§ 2.2-4006 et seq.) or 3 (§ 2.2-4018 et seq.) shall have a right to the direct review thereof by an appropriate and timely court action against the agency or its officers or agents in the manner provided by the Rules of Supreme Court of Virginia. Actions may be instituted in any court of competent jurisdiction as provided in § 2.2-4003, and the judgments of the courts of original jurisdiction shall be subject to appeal to or review by higher courts as in other cases unless otherwise provided by law. In addition, when any regulation or case decision is the subject of an enforcement action in court, it shall also be reviewable by the court as a defense to the action, and the judgment or decree therein shall be appealable as in other cases.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":273086,"text":"In any court action under this section by a person affected by and claiming the unlawfulness of any regulation on the basis that an agency failed to follow any procedure for the promulgation or adoption of a regulation specified in this chapter or in such agency’s basic law, the burden shall be upon the party complaining of the agency action to designate and demonstrate the unlawfulness of the regulation by a preponderance of the evidence. If the court finds in favor of the party complaining of the agency action, the court shall declare the regulation null and void and remand the case to the agency for further proceedings.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":273087,"text":"Notwithstanding any other provision of law or of any executive order issued under this chapter, with respect to any challenge of a regulation subject to judicial review under this chapter, the date of adoption or readoption of the regulation pursuant to § 2.2-4015 for purposes of appeal under the Rules of Supreme Court shall be the date of publication in the Register of Regulations.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15711,"edition_id":1,"name":"Court Review","identifier":"5","label":"article","depth":5,"order_by":1,"parent_id":12798,"metadata":{},"date_created":"2026-06-26 03:58:12","date_modified":"2026-06-26 03:58:12","permalink":{"id":176895,"object_type":"structure","relational_id":15711,"identifier":"5","token":"2.2\/II\/B\/40\/5","url":"\/2.2\/II\/B\/40\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12798,"edition_id":1,"name":"Administrative Process Act","identifier":"40","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":176717,"object_type":"structure","relational_id":12798,"identifier":"40","token":"2.2\/II\/B\/40","url":"\/2.2\/II\/B\/40\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12751,"edition_id":1,"name":"Transaction of Public Business","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12750,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176445,"object_type":"structure","relational_id":12751,"identifier":"B","token":"2.2\/II\/B","url":"\/2.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12750,"edition_id":1,"name":"Administration of State Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176253,"object_type":"structure","relational_id":12750,"identifier":"II","token":"2.2\/II","url":"\/2.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69646,"structure_id":15711,"section_number":"2.2-4025","catch_line":"Exemptions operation of this article; limitations","url":"\/2.2-4025\/","token":"2.2\/II\/B\/40\/5\/2.2-4025","metadata":false},{"id":76087,"structure_id":15711,"section_number":"2.2-4026","catch_line":"Right, forms, venue; date of adoption or readoption for purposes of appeal","url":"\/2.2-4026\/","token":"2.2\/II\/B\/40\/5\/2.2-4026","metadata":false},{"id":75768,"structure_id":15711,"section_number":"2.2-4027","catch_line":"Issues on review","url":"\/2.2-4027\/","token":"2.2\/II\/B\/40\/5\/2.2-4027","metadata":false},{"id":87000,"structure_id":15711,"section_number":"2.2-4028","catch_line":"Intermediate relief","url":"\/2.2-4028\/","token":"2.2\/II\/B\/40\/5\/2.2-4028","metadata":false},{"id":77109,"structure_id":15711,"section_number":"2.2-4029","catch_line":"Court judgments","url":"\/2.2-4029\/","token":"2.2\/II\/B\/40\/5\/2.2-4029","metadata":false},{"id":60209,"structure_id":15711,"section_number":"2.2-4030","catch_line":"Recovery of costs and attorney fees from agency","url":"\/2.2-4030\/","token":"2.2\/II\/B\/40\/5\/2.2-4030","metadata":false}],"previous_section":{"id":69646,"structure_id":15711,"section_number":"2.2-4025","catch_line":"Exemptions operation of this article; limitations","url":"\/2.2-4025\/","token":"2.2\/II\/B\/40\/5\/2.2-4025","metadata":false},"next_section":{"id":75768,"structure_id":15711,"section_number":"2.2-4027","catch_line":"Issues on review","url":"\/2.2-4027\/","token":"2.2\/II\/B\/40\/5\/2.2-4027","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4026\/","history_text":"

This law was first created in 1975. The record of its establishment is cataloged in chapter 503 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1975 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1986, chapter 615; in 1989, chapters 677 and 734; in 2001, chapter 844<\/a>; in 2014, chapter 699<\/a>; in 2016, chapter 359<\/a>.<\/p>","references":[{"id":65304,"section_number":"10.1-104.9","catch_line":"Regulations under this article","order_by":null,"url":"\/10.1-104.9\/"},{"id":57864,"section_number":"10.1-1308","catch_line":"Regulations","order_by":null,"url":"\/10.1-1308\/"},{"id":69038,"section_number":"15.2-1708","catch_line":"Notice of decertification; decertification review process","order_by":null,"url":"\/15.2-1708\/"},{"id":74135,"section_number":"2.2-4003","catch_line":"Venue","order_by":null,"url":"\/2.2-4003\/"},{"id":65863,"section_number":"54.1-201","catch_line":"Powers and duties of regulatory boards","order_by":null,"url":"\/54.1-201\/"},{"id":85201,"section_number":"54.1-3014","catch_line":"Survey of nursing education programs; discontinuance of program; due process requirements","order_by":null,"url":"\/54.1-3014\/"},{"id":68060,"section_number":"62.1-44.16:1","catch_line":"Local enforcement of industrial waste permits","order_by":null,"url":"\/62.1-44.16_1\/"},{"id":84367,"section_number":"62.1-44.19:3.2","catch_line":"Local enforcement of sewage sludge regulations","order_by":null,"url":"\/62.1-44.19_3.2\/"},{"id":62445,"section_number":"63.2-1606","catch_line":"Protection of aged or incapacitated adults; mandated and voluntary reporting","order_by":null,"url":"\/63.2-1606\/"}],"refers_to":[{"id":74135,"section_number":"2.2-4003","catch_line":"Venue","order_by":null,"url":"\/2.2-4003\/"},{"id":78729,"section_number":"2.2-4006","catch_line":"Exemptions from requirements of this article","order_by":null,"url":"\/2.2-4006\/"},{"id":70514,"section_number":"2.2-4015","catch_line":"Effective date of regulation; exception","order_by":null,"url":"\/2.2-4015\/"},{"id":59227,"section_number":"2.2-4018","catch_line":"Exemptions from operation of Article 3","order_by":null,"url":"\/2.2-4018\/"}],"permalink":{"id":176901,"object_type":"law","relational_id":76087,"identifier":"2.2-4026","token":"2.2\/II\/B\/40\/5\/2.2-4026","url":"\/2.2-4026\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4026\/","token":"2.2\/II\/B\/40\/5\/2.2-4026","dublin_core":{"Title":"Right, forms, venue; date of adoption or readoption for purposes of appeal","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4026","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person affected by and claiming the unlawfulness of any regulation<\/span> or party<\/span> aggrieved by and claiming unlawfulness of a case decision<\/span> and whether exempted from the procedural requirements of Article 2 (§ 2.2-4006<\/a> et seq.) or 3 (§ 2.2-4018<\/a> et seq.) shall have a right to the direct review thereof by an appropriate and timely court<\/span> action against the agency<\/span> or its officers or agents in the manner provided by the Rules<\/span> of Supreme Court<\/span> of Virginia. Actions may be instituted in any court<\/span> of competent jurisdiction as provided in § 2.2-4003<\/a>, and the judgments<\/span> of the courts<\/span> of original jurisdiction<\/span> shall be subject to appeal<\/span> to or review by higher courts<\/span> as in other cases<\/span> unless otherwise provided by law<\/span>. In addition, when any regulation<\/span> or case decision<\/span> is the subject of an enforcement action in court<\/span>, it shall also be reviewable by the court<\/span> as a defense to the action, and the judgment<\/span> or decree<\/span> therein shall be appealable as in other cases<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In any court<\/span> action under this section by a person affected by and claiming the unlawfulness of any regulation<\/span> on the basis that an agency failed to follow any procedure for the promulgation or adoption of a regulation<\/span> specified in this chapter or in such agency’s basic law<\/span>, the burden shall be upon the party<\/span> complaining of the agency action<\/span> to designate and demonstrate the unlawfulness of the regulation<\/span> by a preponderance of the evidence<\/span>. If the court<\/span> finds in favor of the party<\/span> complaining of the agency action<\/span>, the court<\/span> shall declare the regulation<\/span> null and void and remand<\/span> the case to the agency for further proceedings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding any other provision of law or of any executive order<\/span> issued under this chapter, with respect to any challenge of a regulation<\/span> subject to judicial review under this chapter, the date of adoption or readoption of the regulation<\/span> pursuant to § 2.2-4015<\/a> for purposes of appeal<\/span> under the Rules<\/span> of Supreme Court<\/span> shall be the date of publication in the Register of Regulations<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRIGHT, FORMS, VENUE; DATE OF ADOPTION OR READOPTION FOR PURPOSES OF APPEAL (\u00a7\n2.2-4026)\n\nA. Any person affected by and claiming the unlawfulness of any regulation or\nparty aggrieved by and claiming unlawfulness of a case decision and whether\nexempted from the procedural requirements of Article 2 (§ 2.2-4006 et seq.)\nor 3 (§ 2.2-4018 et seq.) shall have a right to the direct review thereof\nby an appropriate and timely court action against the agency or its officers or\nagents in the manner provided by the Rules of Supreme Court of Virginia. Actions\nmay be instituted in any court of competent jurisdiction as provided in §\n2.2-4003, and the judgments of the courts of original jurisdiction shall be\nsubject to appeal to or review by higher courts as in other cases unless\notherwise provided by law. In addition, when any regulation or case decision is\nthe subject of an enforcement action in court, it shall also be reviewable by\nthe court as a defense to the action, and the judgment or decree therein shall\nbe appealable as in other cases.\n\nB. In any court action under this section by a person affected by and claiming\nthe unlawfulness of any regulation on the basis that an agency failed to follow\nany procedure for the promulgation or adoption of a regulation specified in this\nchapter or in such agency’s basic law, the burden shall be upon the party\ncomplaining of the agency action to designate and demonstrate the unlawfulness\nof the regulation by a preponderance of the evidence. If the court finds in\nfavor of the party complaining of the agency action, the court shall declare the\nregulation null and void and remand the case to the agency for further\nproceedings.\n\nC. Notwithstanding any other provision of law or of any executive order issued\nunder this chapter, with respect to any challenge of a regulation subject to\njudicial review under this chapter, the date of adoption or readoption of the\nregulation pursuant to § 2.2-4015 for purposes of appeal under the Rules of\nSupreme Court shall be the date of publication in the Register of Regulations.\n\nHISTORY: 1975, c. 503, \u00a7 9-6.14:16; 1986, c. 615; 1989, cc. 677, 734; 2001, c.\n844; 2014, c. 699; 2016, c. 359.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}