2006 Code of Virginia § 2.2-4001 - Definitions

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 unitof the state government empowered by the basic laws to make regulations ordecide cases.

"Agency action" means either an agency's regulation or case decision orboth, any violation, compliance, or noncompliance with which could be a basisfor the imposition of injunctive orders, penal or civil sanctions of anykind, or the grant or denial of relief or of a license, right, or benefit byany agency or court.

"Basic law" or "basic laws" means provisions of the Constitution andstatutes of the Commonwealth authorizing an agency to make regulations ordecide cases or containing procedural requirements therefor.

"Case" or "case decision" means any agency proceeding or determinationthat, under laws or regulations at the time, a named party as a matter ofpast or present fact, or of threatened or contemplated private action, eitheris, is not, or may or may not be (i) in violation of such law or regulationor (ii) in compliance with any existing requirement for obtaining orretaining a license or other right or benefit.

"Guidance document" means any document developed by a state agency or staffthat provides information or guidance of general applicability to the staffor public to interpret or implement statutes or the agency's rules orregulations, excluding agency minutes or documents that pertain only to theinternal management of agencies. Nothing in this definition shall beconstrued or interpreted to expand the identification or release of anydocument otherwise protected by law.

"Hearing" means agency processes other than those informational or factualinquiries of an informal nature provided in 2.2-4007 and 2.2-4019 andincludes only (i) opportunity for private parties to submit factual proofs informal proceedings as provided in 2.2-4009 in connection with the making ofregulations or (ii) a similar right of private parties or requirement ofpublic agencies as provided in 2.2-4020 in connection with case decisions.

"Hearing officer" means an attorney selected from a list maintained by theExecutive Secretary of the Supreme Court in accordance with 2.2-4024.

"Public assistance and social services programs" means those programsspecified in 63.2-100.

"Rule" or "regulation" means any statement of general application, havingthe force of law, affecting the rights or conduct of any person, adopted byan agency in accordance with the authority conferred on it by applicablebasic laws.

"Subordinate" means (i) one or more but less than a quorum of the membersof a board constituting an agency, (ii) one or more of its staff members oremployees, or (iii) any other person or persons designated by the agency toact in its behalf.

(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.)