                                 CODE OF VIRGINIA

EXEMPTIONS OPERATION OF THIS ARTICLE; LIMITATIONS (§ 2.2-4025)

A. This article shall not apply to any agency action that (i) is placed beyond
the control of the courts by constitutional or statutory provisions expressly
precluding court review, (ii) involves solely the internal management or routine
of an agency, (iii) is a decision resting entirely upon an inspection, test, or
election save as to want of authority therefor or claim of arbitrariness or
fraud therein, (iv) is a case in which the agency is acting as an agent for a
court, or (v) encompasses matters subject by law to a trial de novo in any
court.

B. The provisions of this article, however, shall apply to case decisions
regarding the grant or denial of Temporary Assistance for Needy Families,
Medicaid, food stamps, general relief, auxiliary grants, or state-local
hospitalization. However, no appeal may be brought regarding the adequacy of
standards of need and payment levels for public assistance and social services
programs. Notwithstanding the provisions of &#xA7; 2.2-4027, the review shall be
based solely upon the agency record, and the court shall be limited to
ascertaining whether there was evidence in the agency record to support the case
decision of the agency acting as the trier of fact. If the court finds in favor
of the party complaining of agency action, the court shall remand the case to
the agency for further proceedings. The validity of any statute, regulation,
standard or policy, federal or state, upon which the action of the agency was
based shall not be subject to review by the court. No intermediate relief shall
be granted under &#xA7; 2.2-4028.

HISTORY: 1975, c. 503, §§ 9-6.14:4.1, 9-6.14:15, 9-6.14:16; 1986, c. 615;
1989, cc. 677, 734; 2001, c. 844; 2002, c. 747.