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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>82218</law_id><section_number>2.2-3010</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>2.2-3705.3</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="2.2">Administration of Government</unit><unit label="subtitle" level="2" order_by="1" identifier="I">Organization of State Government</unit><unit label="part" level="3" order_by="1" identifier="E">State Officers and Employees</unit><unit label="chapter" level="4" order_by="1" identifier="30.1">The Fraud and Abuse Whistle Blower Protection Act</unit></structure><text>
						<section><p>As used in this chapter:
		&#x201C;<span class="dictionary">Abuse</span>&#x201D; means an <span class="dictionary">employer</span>&#x2019;s or <span class="dictionary">employee</span>&#x2019;s conduct or omissions that result in substantial misuse, destruction, waste, or loss of funds or resources belonging to or derived from federal, state, or local government sources.
		&#x201C;<span class="dictionary">Appropriate authority</span>&#x201D; means a federal, state, or local agency or organization having <span class="dictionary">jurisdiction</span> over criminal <span class="dictionary">law</span> enforcement, regulatory violations, professional conduct or ethics, or <span class="dictionary">abuse</span>; or a member, officer, agent, representative, or supervisory <span class="dictionary">employee</span> of the agency or organization. The term also includes the Office of the <span class="dictionary">Attorney General</span>, the Office of the State Inspector General, and the General Assembly and its committees having the power and duty to investigate criminal <span class="dictionary">law</span> enforcement, regulatory violations, professional conduct or ethics, or <span class="dictionary">abuse</span>.
		&#x201C;<span class="dictionary">Employee</span>&#x201D; means any person who is regularly employed full time on either a salaried or wage basis, whose tenure is not restricted as to temporary or provisional appointment, in the service of and whose compensation is payable, no more often than biweekly, in whole or in part, by a <span class="dictionary">governmental agency</span>.
		&#x201C;<span class="dictionary">Employer</span>&#x201D; means a person supervising one or more <span class="dictionary">employees</span>, including the <span class="dictionary">employee</span> filing a <span class="dictionary">good faith report</span>, a superior of that supervisor, or an agent of the <span class="dictionary">governmental agency</span>.
		&#x201C;<span class="dictionary">Good faith report</span>&#x201D; means a report of conduct defined in this chapter as <span class="dictionary">wrongdoing</span> or <span class="dictionary">abuse</span> that is made without <span class="dictionary">malice</span> and that the person making the report has reasonable cause to believe is true.
		&#x201C;<span class="dictionary">Governmental agency</span>&#x201D; means (i) any agency, institution, board, bureau, commission, council, or instrumentality of state government in the executive branch listed in the appropriation act and any independent agency; (ii) any county, city, or town or local or regional governmental authority; and (iii) any local school division as defined in &#xA7;&#xA0;<a class="law" title="Public School Security Equipment Grant Act of 2013" href="/22.1-280.2_2/">22.1-280.2:2</a>.
		&#x201C;<span class="dictionary">Misconduct</span>&#x201D; means conduct or behavior by an <span class="dictionary">employee</span> that is inconsistent with state, local, or agency standards for which specific corrective or disciplinary action is warranted.
		&#x201C;<span class="dictionary">Whistle blower</span>&#x201D; means an <span class="dictionary">employee</span> who witnesses or has <span class="dictionary">evidence</span> of <span class="dictionary">wrongdoing</span> or <span class="dictionary">abuse</span> and who makes or demonstrates by clear and convincing <span class="dictionary">evidence</span> that he is about to make a <span class="dictionary">good faith report</span> of, or testifies or is about to testify to, the <span class="dictionary">wrongdoing</span> or <span class="dictionary">abuse</span> to one of the <span class="dictionary">employee</span>&#x2019;s superiors, an agent of the <span class="dictionary">employer</span>, or an <span class="dictionary">appropriate authority</span>. &#x201C;<span class="dictionary">Whistle blower</span>&#x201D; includes a citizen of the Commonwealth who witnesses or has <span class="dictionary">evidence</span> of <span class="dictionary">wrongdoing</span> or <span class="dictionary">abuse</span> and who makes or demonstrates by clear and convincing <span class="dictionary">evidence</span> that he is about to make a <span class="dictionary">good faith report</span> of, or testifies or is about to testify to, the <span class="dictionary">wrongdoing</span> or <span class="dictionary">abuse</span> to an <span class="dictionary">appropriate authority</span>.
		&#x201C;<span class="dictionary">Wrongdoing</span>&#x201D; means a violation, which is not of a merely technical or minimal nature, of a federal or state <span class="dictionary">law</span> or regulation, local <span class="dictionary">ordinance</span>, or a formally adopted code of conduct or ethics of a professional organization designed to protect the interests of the public or <span class="dictionary">employee</span>.</p></section></text><history>2009, c. 340; 2011, cc. 798, 871; 2014, c. 403; 2015, c. 316; 2016, c. 292.</history><metadata></metadata></law>
