{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4027.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4027.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4027.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4027.html"}],"law_id":75768,"edition_id":1,"section_id":75768,"structure_id":15711,"section_number":"2.2-4027","catch_line":"Issues on review","history":"1975, c. 503, \u00a7 9-6.14:17; 1989, c. 601; 2001, c. 844; 2005, cc. 619, 682; 2007, cc. 873, 916; 2013, c. 619.","full_text":"The burden shall be upon the party complaining of agency action to designate and demonstrate an error of law subject to review by the court. Such issues of law include: (i) accordance with constitutional right, power, privilege, or immunity, (ii) compliance with statutory authority, jurisdiction limitations, or right as provided in the basic laws as to subject matter, the stated objectives for which regulations may be made, and the factual showing respecting violations or entitlement in connection with case decisions, (iii) observance of required procedure where any failure therein is not mere harmless error, and (iv) the substantiality of the evidentiary support for findings of fact. The determination of such fact issue shall be made upon the whole evidentiary record provided by the agency if its proceeding was required to be conducted as provided in \u00a7 2.2-4009 or 2.2-4020 or, as to subjects exempted from those sections, pursuant to constitutional requirement or statutory provisions for opportunity for an agency record of and decision upon the evidence therein.\n\t\tIn addition to any other judicial review provided by law, a small business, as defined in subsection A of \u00a7 2.2-4007.1, that is adversely affected or aggrieved by final agency action shall be entitled to judicial review of compliance with the requirements of subdivision A 2 of \u00a7 2.2-4007.04 and \u00a7 2.2-4007.1 within one year following the date of final agency action.\n\t\tWhen the decision on review is to be made on the agency record, the duty of the court with respect to issues of fact shall be to determine whether there was substantial evidence in the agency record to support the agency decision. The duty of the court with respect to the issues of law shall be to review the agency decision de novo. The court shall enter judgment in accordance with \u00a7 2.2-4029.\n\t\tWhere there is no agency record so required and made, any necessary facts in controversy shall be determined by the court upon the basis of the agency file, minutes, and records of its proceedings under \u00a7 2.2-4007.01 or 2.2-4019 as augmented, if need be, by the agency pursuant to order of the court or supplemented by any allowable and necessary proofs adduced in court except that the function of the court shall be to determine only whether the result reached by the agency could reasonably be said, on all such proofs, to be within the scope of the legal authority of the agency.\n\t\tWhether the fact issues are reviewed on the agency record or one made in the review action, the court shall take due account of the presumption of official regularity, the experience and specialized competence of the agency, and the purposes of the basic law under which the agency has acted.","order_by":null,"text":{"0":{"id":272038,"text":"The burden shall be upon the party complaining of agency action to designate and demonstrate an error of law subject to review by the court. Such issues of law include: (i) accordance with constitutional right, power, privilege, or immunity, (ii) compliance with statutory authority, jurisdiction limitations, or right as provided in the basic laws as to subject matter, the stated objectives for which regulations may be made, and the factual showing respecting violations or entitlement in connection with case decisions, (iii) observance of required procedure where any failure therein is not mere harmless error, and (iv) the substantiality of the evidentiary support for findings of fact. The determination of such fact issue shall be made upon the whole evidentiary record provided by the agency if its proceeding was required to be conducted as provided in \u00a7 2.2-4009 or 2.2-4020 or, as to subjects exempted from those sections, pursuant to constitutional requirement or statutory provisions for opportunity for an agency record of and decision upon the evidence therein.\n\t\tIn addition to any other judicial review provided by law, a small business, as defined in subsection A of \u00a7 2.2-4007.1, that is adversely affected or aggrieved by final agency action shall be entitled to judicial review of compliance with the requirements of subdivision A 2 of \u00a7 2.2-4007.04 and \u00a7 2.2-4007.1 within one year following the date of final agency action.\n\t\tWhen the decision on review is to be made on the agency record, the duty of the court with respect to issues of fact shall be to determine whether there was substantial evidence in the agency record to support the agency decision. The duty of the court with respect to the issues of law shall be to review the agency decision de novo. The court shall enter judgment in accordance with \u00a7 2.2-4029.\n\t\tWhere there is no agency record so required and made, any necessary facts in controversy shall be determined by the court upon the basis of the agency file, minutes, and records of its proceedings under \u00a7 2.2-4007.01 or 2.2-4019 as augmented, if need be, by the agency pursuant to order of the court or supplemented by any allowable and necessary proofs adduced in court except that the function of the court shall be to determine only whether the result reached by the agency could reasonably be said, on all such proofs, to be within the scope of the legal authority of the agency.\n\t\tWhether the fact issues are reviewed on the agency record or one made in the review action, the court shall take due account of the presumption of official regularity, the experience and specialized competence of the agency, and the purposes of the basic law under which the agency has acted.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4027\/","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 1989, chapter 601; in 2001, chapter 844<\/a>; in 2005, chapters 619<\/a> and 682<\/a>; in 2007, chapters 873<\/a> and 916<\/a>; in 2013, chapter 619<\/a>.<\/p>","references":[{"id":54379,"section_number":"2.2-4007.03","catch_line":"Informational proceedings; effect of noncompliance","order_by":null,"url":"\/2.2-4007.03\/"},{"id":72032,"section_number":"2.2-4009","catch_line":"Evidentiary hearings on regulations","order_by":null,"url":"\/2.2-4009\/"},{"id":69646,"section_number":"2.2-4025","catch_line":"Exemptions operation of this article; limitations","order_by":null,"url":"\/2.2-4025\/"},{"id":87000,"section_number":"2.2-4028","catch_line":"Intermediate relief","order_by":null,"url":"\/2.2-4028\/"},{"id":77109,"section_number":"2.2-4029","catch_line":"Court judgments","order_by":null,"url":"\/2.2-4029\/"}],"refers_to":[{"id":74274,"section_number":"2.2-4007.01","catch_line":"Notice of intended regulatory action; public hearing","order_by":null,"url":"\/2.2-4007.01\/"},{"id":79050,"section_number":"2.2-4007.04","catch_line":"Economic impact analysis","order_by":null,"url":"\/2.2-4007.04\/"},{"id":76510,"section_number":"2.2-4007.1","catch_line":"Regulatory flexibility for small businesses; periodic review of regulations","order_by":null,"url":"\/2.2-4007.1\/"},{"id":72032,"section_number":"2.2-4009","catch_line":"Evidentiary hearings on regulations","order_by":null,"url":"\/2.2-4009\/"},{"id":85983,"section_number":"2.2-4019","catch_line":"Informal fact finding proceedings","order_by":null,"url":"\/2.2-4019\/"},{"id":71957,"section_number":"2.2-4020","catch_line":"Formal hearings; litigated issues","order_by":null,"url":"\/2.2-4020\/"},{"id":77109,"section_number":"2.2-4029","catch_line":"Court judgments","order_by":null,"url":"\/2.2-4029\/"}],"permalink":{"id":176905,"object_type":"law","relational_id":75768,"identifier":"2.2-4027","token":"2.2\/II\/B\/40\/5\/2.2-4027","url":"\/2.2-4027\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4027\/","token":"2.2\/II\/B\/40\/5\/2.2-4027","dublin_core":{"Title":"Issues on review","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4027","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The burden shall be upon the party<\/span> complaining of agency action<\/span> to designate and demonstrate an error of law subject to review by the court<\/span>. Such issues<\/span> of law include: (i) accordance with constitutional right, power, privilege<\/span>, or immunity, (ii) compliance with statutory authority, jurisdiction<\/span> limitations, or right as provided in the basic laws<\/span><\/span> as to subject matter, the stated objectives for which regulations<\/span> may be made, and the factual showing respecting violations or entitlement in connection with case decisions<\/span>, (iii) observance of required procedure where any failure therein is not mere harmless error, and (iv) the substantiality of the evidentiary support for findings<\/span> of fact<\/span>. The determination of such fact<\/span> issue<\/span> shall be made upon the whole evidentiary record provided by the agency if its proceeding was required to be conducted as provided in \u00a7 2.2-4009<\/a> or 2.2-4020<\/a> or, as to subjects exempted from those sections, pursuant to constitutional requirement or statutory provisions for opportunity for an agency record of and decision upon the evidence<\/span> therein.\n\t\tIn addition to any other judicial review provided by law, a small business, as defined in subsection A of \u00a7 2.2-4007.1<\/a>, that is adversely affected or aggrieved by final agency action<\/span> shall be entitled to judicial review of compliance with the requirements of subdivision A 2 of \u00a7 2.2-4007.04<\/a> and \u00a7 2.2-4007.1<\/a> within one year following the date of final agency action<\/span>.\n\t\tWhen the decision on review is to be made on the agency record, the duty of the court<\/span> with respect to issues<\/span> of fact<\/span> shall be to determine whether there was substantial evidence<\/span> in the agency record to support the agency decision. The duty of the court<\/span> with respect to the issues<\/span> of law shall be to review the agency decision de novo<\/span>. The court<\/span> shall enter judgment<\/span> in accordance with \u00a7 2.2-4029<\/a>.\n\t\tWhere there is no agency record so required and made, any necessary facts<\/span> in controversy shall be determined by the court<\/span> upon the basis of the agency file, minutes, and records of its proceedings under \u00a7 2.2-4007.01<\/a> or 2.2-4019<\/a> as augmented, if need be, by the agency pursuant to order<\/span> of the court<\/span> or supplemented by any allowable and necessary proofs adduced in court<\/span> except that the function of the court<\/span> shall be to determine only whether the result reached by the agency could reasonably be said, on all such proofs, to be within the scope of the legal authority of the agency.\n\t\tWhether the fact<\/span> issues<\/span> are reviewed on the agency record or one made in the review action, the court<\/span> shall take due account of the presumption<\/span> of official regularity, the experience and specialized competence of the agency, and the purposes of the basic law<\/span> under which the agency has acted.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nISSUES ON REVIEW (\u00a7 2.2-4027)\n\nThe burden shall be upon the party complaining of agency action to designate and\ndemonstrate an error of law subject to review by the court. Such issues of law\ninclude: (i) accordance with constitutional right, power, privilege, or\nimmunity, (ii) compliance with statutory authority, jurisdiction limitations, or\nright as provided in the basic laws as to subject matter, the stated objectives\nfor which regulations may be made, and the factual showing respecting violations\nor entitlement in connection with case decisions, (iii) observance of required\nprocedure where any failure therein is not mere harmless error, and (iv) the\nsubstantiality of the evidentiary support for findings of fact. The\ndetermination of such fact issue shall be made upon the whole evidentiary record\nprovided by the agency if its proceeding was required to be conducted as\nprovided in \u00a7 2.2-4009 or 2.2-4020 or, as to subjects exempted from those\nsections, pursuant to constitutional requirement or statutory provisions for\nopportunity for an agency record of and decision upon the evidence therein.\n\t\tIn addition to any other judicial review provided by law, a small business, as\ndefined in subsection A of \u00a7 2.2-4007.1, that is adversely affected or\naggrieved by final agency action shall be entitled to judicial review of\ncompliance with the requirements of subdivision A 2 of \u00a7 2.2-4007.04 and \u00a7\n2.2-4007.1 within one year following the date of final agency action.\n\t\tWhen the decision on review is to be made on the agency record, the duty of\nthe court with respect to issues of fact shall be to determine whether there was\nsubstantial evidence in the agency record to support the agency decision. The\nduty of the court with respect to the issues of law shall be to review the\nagency decision de novo. The court shall enter judgment in accordance with \u00a7\n2.2-4029.\n\t\tWhere there is no agency record so required and made, any necessary facts in\ncontroversy shall be determined by the court upon the basis of the agency file,\nminutes, and records of its proceedings under \u00a7 2.2-4007.01 or 2.2-4019 as\naugmented, if need be, by the agency pursuant to order of the court or\nsupplemented by any allowable and necessary proofs adduced in court except that\nthe function of the court shall be to determine only whether the result reached\nby the agency could reasonably be said, on all such proofs, to be within the\nscope of the legal authority of the agency.\n\t\tWhether the fact issues are reviewed on the agency record or one made in the\nreview action, the court shall take due account of the presumption of official\nregularity, the experience and specialized competence of the agency, and the\npurposes of the basic law under which the agency has acted.\n\nHISTORY: 1975, c. 503, \u00a7 9-6.14:17; 1989, c. 601; 2001, c. 844; 2005, cc. 619,\n682; 2007, cc. 873, 916; 2013, c. 619.","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}}