Terms Used In Virginia Code > Title 17.1 > Chapter 1 - General Provisions

• Accredited asbestos training program: means a training program that has been approved by the Board to provide training for individuals to engage in asbestos abatement, conduct asbestos inspections, prepare management plans, prepare project designs or act as project monitors. See Virginia Code 54.1-500
• Accredited lead training program: means a training program that has been approved by the Board to provide training for individuals to engage in lead-based paint activities. See Virginia Code 54.1-500
• Activity and use limitations: means restrictions or obligations created under this chapter with respect to real property. See Virginia Code 10.1-1238
• Actual reimbursement amount: means reimbursement information included in the claims data submitted by data suppliers to the Virginia All-Payer Claims Database, whether such information is referred to in the claims data as "paid amounts" "allowed amounts" or another term having the same or similar meaning and whether in reference to the payer who paid the actual reimbursement amount or the provider who received the actual reimbursement amount. See Virginia Code 32.1-276.3
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Adult: means a person 18 years of age or more. See Virginia Code 1-203
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agency: means the Department of Environmental Quality or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created. See Virginia Code 10.1-1238
• Agency contract: means an agreement in which a student-athlete authorizes a person to negotiate or solicit on behalf of the student-athlete a professional sports services contract or endorsement contract. See Virginia Code 54.1-526
• Agreement: means the agreement or agreements between the Commonwealth, as seller of the Tobacco Assets, and the Corporation, as purchaser of the Tobacco Assets. See Virginia Code 32.1-354
• air carrier: includes a common carrier by aircraft, a restricted common carrier by aircraft, and a contract carrier by aircraft. See Virginia Code 5.1-89
• aircraft: means any contrivance, except a contrivance operating twenty-four inches or less above ground or water level, now known or hereafter invented, used, or designed for navigation of, or flight in, the airspace in the transportation of passengers, property or mail. See Virginia Code 5.1-89
• airspace: means all airspace above the lands and waters within the boundary of this Commonwealth. See Virginia Code 5.1-89
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Architect: means a person who, by reason of his knowledge of the mathematical and physical sciences, and the principles of architecture and architectural design, acquired by professional education, practical experience, or both, is qualified to engage in the practice of architecture and whose competence has been attested by the Board through licensure as an architect. See Virginia Code 54.1-400
• Asbestos: means the asbestiform varieties of actinolite, amosite, anthophyllite, chrysotile, crocidolite, and tremolite. See Virginia Code 54.1-500
• asbestos abatement project: means an activity involving job set-up for containment, removal, encapsulation, enclosure, encasement, renovation, repair, construction or alteration of an asbestos-containing material. See Virginia Code 54.1-500
• Asbestos analytical laboratory license: means an authorization issued by the Board to perform phase contrast, polarized light, or transmission electron microscopy on material known or suspected to contain asbestos. See Virginia Code 54.1-500
• Asbestos management plan: means a program designed to control or abate any potential risk to human health from asbestos. See Virginia Code 54.1-500
• Asbestos supervisor: means any person so designated by an asbestos contractor who provides on-site supervision and direction to the workers engaged in asbestos projects. See Virginia Code 54.1-500
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Athlete agent: means an individual, whether or not registered under this chapter, who (i) directly or indirectly recruits or solicits a student-athlete to enter into an agency contract or, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for a student-athlete as a professional athlete or member of a professional sports team or organization; (ii) for compensation or in anticipation of compensation related to a student-athlete's participation in athletics (a) serves the student-athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution, or (b) manages the business affairs of the student-athlete by providing assistance with bills, payments, contracts, or taxes; (iii) in anticipation of representing a student-athlete for a purpose related to the student-athlete's participation in athletics (a) gives consideration to the student-athlete or another person, (b) serves the student-athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, or (c) manages the business affairs of the student-athlete by providing assistance with bills, payments, contracts, or taxes; or (iv) represents a student-athlete in connection with issues related to name, image, or likeness, including negotiating, securing, obtaining, arranging, and managing name, image, or likeness opportunities. See Virginia Code 54.1-526
• Authority: means the Virginia Resources Authority. See Virginia Code 10.1-1230
• Balanced budget: A budget in which receipts equal outlays.
• Board: means the Board of Health. See Virginia Code 32.1-276.3
• Board: means the Board of Medical Assistance Services. See Virginia Code 32.1-343
• Board: means the Board of Medical Assistance Services. See Virginia Code 32.1-353.2
• Board: means the Board of Trustees of the Foundation appointed pursuant to § Virginia Code 32.1-354
• Board: means the Virginia Aviation Board. See Virginia Code 5.1-1
• Board: means the Board for Professional and Occupational Regulation. See Virginia Code 54.1-300
• Board: means the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects. See Virginia Code 54.1-400
• Board: means the Virginia Board for Asbestos, Lead, and Home Inspectors. See Virginia Code 54.1-500
• Bona fide prospective purchaser: means a person or a tenant of a person who acquires ownership, or proposes to acquire ownership, of real property after the release of hazardous substances occurred. See Virginia Code 10.1-1230
• broker: means any person not included in the term air carrier and not a bona fide employee or agent of any such carrier, who, as principal or agent, sells or offers for sale any transportation subject to this chapter, or negotiates for, or holds himself out by solicitation, advertisement, or otherwise as one who sells, provides, furnishes, contracts, or arranges for such transportation. See Virginia Code 5.1-89
• Brownfield: means real property; the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. See Virginia Code 10.1-1230
• certificate: means a certificate of public convenience and necessity issued by the State Corporation Commission to common carriers by aircraft and restricted common carriers by aircraft under this chapter. See Virginia Code 5.1-89
• Certification: means the process whereby the Department or any regulatory board issues a certificate on behalf of the Commonwealth to a person certifying that he possesses the character and minimum skills to engage properly in his profession or occupation. See Virginia Code 54.1-300
• Certified escort vehicle driver: means a person 18 years of age or older who holds a valid driver's license and a valid escort vehicle driver certificate issued (i) by the Commonwealth or (ii) by a state whose escort vehicle driver certification program has been determined to be substantially similar to the Commonwealth's and to which the Commonwealth has extended reciprocity. See Virginia Code 46.2-2900
• Certified interior designer: means a design professional who meets the criteria of education, experience, and testing in the rendering of interior design services established by the Board through certification as an interior designer. See Virginia Code 54.1-400
• certified mail: means electronically certified or postal certified mail, except that this provision shall apply only to the mailing of plan approvals, permits, or certificates issued under the provisions of this chapter and those of the Air Pollution Control Law (§ Virginia Code 10.1-1183
• Certified nursing facility: means any skilled nursing facility, skilled care facility, intermediate care facility, nursing or nursing care facility, or nursing home, whether freestanding or a portion of a freestanding medical care facility, that is certified for participation as a Medicare or Medicaid provider, or both, pursuant to Title XVIII and Title XIX of the United States Social Security Act, as amended, and § Virginia Code 32.1-353.2
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Commission: means the State Corporation Commission. See Virginia Code 5.1-89
• common carrier by aircraft: means any person who undertakes, whether directly or by a lease or any other arrangement, to transport passengers, property for the general public, or mail by aircrafts for compensation (wholly within the airspace of the Commonwealth), whether over regular or irregular routes, including such aircraft operations of carriers by rail, water or motor vehicle and of express or forwarding companies. See Virginia Code 5.1-89
• Common data layout: means the national data collection standard adopted and maintained by the APCD Council. See Virginia Code 32.1-276.3
• Common interest community: means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, for maintenance or improvement of other real property described in a recorded covenant that creates the common interest community. See Virginia Code 10.1-1238
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Construction project: means any land-disturbing activity that involves construction of infrastructure, including interstate highways, pipelines, or energy generation and transmission facilities. See Virginia Code 10.1-1181.13
• Consumer: means any person (i) whose occupation is other than the administration of health activities or the provision of health services, (ii) who has no fiduciary obligation to a health care institution or other health agency or to any organization, public or private, whose principal activity is an adjunct to the provision of health services, or (iii) who has no material financial interest in the rendering of health services. See Virginia Code 32.1-276.3
• Continuance: Putting off of a hearing ot trial until a later time.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: means the Tobacco Settlement Financing Corporation as created under state law. See Virginia Code 32.1-354
• Covered lives: means subscribers, policyholders, members, enrollees, or dependents, as the case may be, under a policy or contract issued or issued for delivery in Virginia by a managed care health insurance plan licensee, insurer, health services plan, or preferred provider organization. See Virginia Code 32.1-276.3
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Department of Aviation. See Virginia Code 5.1-1
• Department: means the State Department of Health. See Virginia Code 32.1-3
• Department: means the Department of Environmental Quality. See Virginia Code 10.1-1230
• Department: means the Department of Environmental Quality. See Virginia Code 10.1-1238
• Department: means the Department of Professional and Occupational Regulation. See Virginia Code 54.1-300
• Department: means the Department of Environmental Quality. See Virginia Code 10.1-1182
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Director: means the Director of the Department of Medical Assistance Services. See Virginia Code 32.1-343
• Director: means the Director of the Department of Medical Assistance Services. See Virginia Code 32.1-353.2
• Director: means the director of the Foundation appointed pursuant to § Virginia Code 32.1-354
• Director: means the Director of the Department of Environmental Quality. See Virginia Code 10.1-1230
• Director: means the Director of the Department of Professional and Occupational Regulation. See Virginia Code 54.1-300
• Director: means the Director of the Department of Professional and Occupational Regulation. See Virginia Code 54.1-526
• Director: means the Director of the Department of Environmental Quality. See Virginia Code 10.1-1182
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Disposition: means the burial, interment, entombment, cremation, or other authorized disposition of a dead body permitted by law. See Virginia Code 32.1-309.1
• Docket: A log containing brief entries of court proceedings.
• Educational institution: means a public or private (i) elementary school, (ii) secondary school, (iii) technical or vocational school, (iv) community college, or (v) institution of higher education. See Virginia Code 54.1-526
• Endorsement contract: means an agreement under which a student-athlete is employed or receives consideration to use on behalf of the other party any value that the student-athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance. See Virginia Code 54.1-526
• Endowment: means the Virginia Tobacco Settlement Foundation Endowment established pursuant to § Virginia Code 32.1-354
• Energy storage facility: means energy storage equipment or technology that is capable of absorbing energy, storing such energy for a period of time, and redelivering energy after it has been stored. See Virginia Code 10.1-1197.5
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Environment: means the natural, scenic, and historic attributes of the Commonwealth. See Virginia Code 10.1-1182
• Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Virginia Code 10.1-1238
• Environmental justice: means the fair treatment and meaningful involvement of every person, regardless of race, color, national origin, faith, disability, or income, in the development, implementation, and enforcement of environmental laws, regulations, and policies. See Virginia Code 10.1-1182
• Environmental response project: means a plan or work performed for environmental remediation of real property and conducted:

  1. See Virginia Code 10.1-1238

• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• ERISA plan: means any self-funded employee welfare benefit plan governed by the requirements of the Employee Retirement Income Security Act of 1974, Virginia Code 32.1-276.3
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Escort vehicle driver certificate: means a credential issued under the laws of the Commonwealth or other state authorizing the holder to escort a permitted vehicle or vehicles. See Virginia Code 46.2-2900
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• farm: means any person that obtains at least 51 percent of its annual gross income from agricultural operations and produces the agricultural waste used as feedstock for the waste-to-energy technology, (ii) "agricultural waste" means biomass waste materials capable of decomposition that are produced from the raising of plants and animals during agricultural operations, including animal manures, bedding, plant stalks, hulls, and vegetable matter, and (iii) "waste-to-energy technology" means any technology, including but not limited to a methane digester, that converts agricultural waste into gas, steam, or heat that is used to generate electricity on-site. See Virginia Code 1-222.1
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Forest land: means land on which forest trees are found. See Virginia Code 10.1-1178
• Forest mitigation: means addressing the direct and indirect adverse impacts to forests that may be caused by a construction project by avoiding and minimizing impacts to the extent practicable and then compensating for the remaining impacts. See Virginia Code 10.1-1181.13
• forest trees: includes shade trees of any species around houses, along highways and within cities and towns if the trees constitute an insect or disease menace to nearby timber trees or timber stands. See Virginia Code 10.1-1178
• Forester: means any person who is engaged in the science, profession and practice of forestry and who possesses the qualifications required by this article. See Virginia Code 10.1-1181.8
• Forestry: means the science, art and practice of creating, managing, using and conserving forests and associated natural resources for human benefit and in a sustainable manner to meet desired goals, needs, and values. See Virginia Code 10.1-1181.8
• Foundation: means the Virginia Foundation for Healthy Youth, created pursuant to § Virginia Code 32.1-354
• Foundation Allocation: means 10 percent of the annual amount received under the Master Settlement Agreement by the Commonwealth, or that would have been received but for the sale of such allocation pursuant to an agreement, between the starting and ending dates specified in the agreement. See Virginia Code 32.1-354
• Fraud: Intentional deception resulting in injury to another.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Friable: means that the material when dry may be crumbled, pulverized, or reduced to powder by hand pressure and includes previously nonfriable material after such previously nonfriable material becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure. See Virginia Code 54.1-500
• Fund: means the Virginia Tobacco Settlement Fund established pursuant to § Virginia Code 32.1-354
• Fund: means the Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund. See Virginia Code 10.1-1230
• Fund: means the Small Business Environmental Compliance Assistance Fund. See Virginia Code 10.1-1197.1
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health care provider: means (i) a general hospital, ordinary hospital, outpatient surgical hospital, nursing home or certified nursing facility licensed or certified pursuant to Article 1 (§ Virginia Code 32.1-276.3
• Health maintenance organization: means any person who undertakes to provide or to arrange for one or more health care plans pursuant to Chapter 43 of Title 38. See Virginia Code 32.1-276.3
• Holder: means the grantee of an environmental covenant as specified in subsection A of § Virginia Code 10.1-1238
• Home inspection: means any inspection of a residential building for compensation conducted by a licensed home inspector. See Virginia Code 54.1-500
• Home inspector: means a person who meets the criteria of education, experience, and testing required by this chapter and regulations of the Board and who has been licensed by the Board to perform home inspections. See Virginia Code 54.1-500
• Improvements to real property: means any valuable addition or amelioration made to land and generally whatever is erected on or affixed to land which is intended to enhance its value, beauty or utility, or adapt it to new or further purposes. See Virginia Code 54.1-400
• Includes: means includes, but not limited to. See Virginia Code 1-218
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Infection: means infection by any disease affecting forest trees which is declared by the State Forester to be dangerously injurious to forest trees. See Virginia Code 10.1-1178
• Infestation: means infestation by means of any insect which is declared by the State Forester to be dangerously injurious to forest trees. See Virginia Code 10.1-1178
• Innocent land owner: means a person who holds any title, security interest or any other interest in a brownfield site and who acquired ownership of the real property after the release of hazardous substances occurred. See Virginia Code 10.1-1230
• Inpatient hospital: means a hospital providing inpatient care and licensed pursuant to Article 1 (§ Virginia Code 32.1-276.3
• Inspection: means a method of regulation whereby a state agency periodically examines the activities and premises of practitioners of an occupation or profession to ascertain if the practitioner is carrying out his profession or occupation in a manner consistent with the public health, safety and welfare. See Virginia Code 54.1-300
• Intercollegiate sport: means a sport played at the collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association that promotes or regulates collegiate athletics. See Virginia Code 54.1-526
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Land surveyor: means a person who, by reason of his knowledge of the several sciences and of the principles of land surveying, and of the planning and design of land developments acquired by practical experience and formal education, is qualified to engage in the practice of land surveying, and whose competence has been attested by the Board through licensure as a land surveyor. See Virginia Code 54.1-400
• Landscape architect: means a person who, by reason of his special knowledge of natural, physical and mathematical sciences, and the principles and methodology of landscape architecture and landscape architectural design acquired by professional education, practical experience, or both, is qualified to engage in the practice of landscape architecture and whose competence has been attested by the Board through licensure as a landscape architect. See Virginia Code 54.1-400
• Lead abatement: means any measure or set of measures designed to permanently eliminate lead-based paint hazards, including lead-contaminated dust or soil. See Virginia Code 54.1-500
• Lead contractor: means a person who has met the Board's requirements and has been issued a license by the Board to enter into contracts to perform lead abatements. See Virginia Code 54.1-500
• Lead inspection: means a surface-by-surface investigation to determine the presence of lead-based paint and the provisions of a report explaining the results of the investigation. See Virginia Code 54.1-500
• Lead inspector: means an individual who has been licensed by the Board to conduct lead inspections and abatement clearance testing. See Virginia Code 54.1-500
• Lead project design: means any descriptive form written as instructions or drafted as a plan describing the construction or setting up of a lead abatement project area and the work practices to be utilized during the lead abatement project. See Virginia Code 54.1-500
• Lead project designer: means an individual who has been licensed by the Board to prepare lead project designs. See Virginia Code 54.1-500
• Lead risk assessment: means (i) an on-site investigation to determine the existence, nature, severity and location of lead-based paint hazards and (ii) the provision of a report by the individual or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards. See Virginia Code 54.1-500
• Lead risk assessor: means an individual who has been licensed by the Board to conduct lead inspections, lead risk assessments and abatement clearance testing. See Virginia Code 54.1-500
• Lead supervisor: means an individual who has been licensed by the Board to supervise lead abatements. See Virginia Code 54.1-500
• Lead-based paint: means paint or other surface coatings that contain lead equal to or in excess of 1. See Virginia Code 54.1-500
• Lead-contaminated soil: means bare soil that contains lead at or in excess of levels identified by the Environmental Protection Agency. See Virginia Code 54.1-500
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensure: means a method of regulation whereby the Commonwealth, through the issuance of a license, authorizes a person possessing the character and minimum skills to engage in the practice of a profession or occupation that is unlawful to practice without a license. See Virginia Code 54.1-300
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local government: means any county, city, town, municipal corporation, authority, district, commission, or political subdivision of the Commonwealth created by the General Assembly or otherwise created pursuant to the laws of the Commonwealth or any combination of the foregoing. See Virginia Code 10.1-1230
• mail: means electronic or postal delivery. See Virginia Code 10.1-1183
• Medical care facility: means any institution, place, building, or agency, whether or not licensed or required to be licensed by the Board or the Department of Behavioral Health and Developmental Services, whether operated for profit or nonprofit, and whether privately owned or privately operated or owned or operated by a local governmental unit, (i) by or in which health services are furnished, conducted, operated, or offered for the prevention, diagnosis, or treatment of human disease, pain, injury, deformity, or physical condition, whether medical or surgical, of two or more nonrelated persons who are injured or physically sick or have mental illness, or for the care of two or more nonrelated persons requiring or receiving medical, surgical, nursing, acute, chronic, convalescent, or long-term care services, or services for individuals with disabilities, or (ii) which is the recipient of reimbursements from third-party health insurance programs or prepaid medical service plans. See Virginia Code 32.1-3
• Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Nonlegislative citizen member: means any natural person who is not a member of the General Assembly of Virginia. See Virginia Code 1-225
• Nonprofit organization: means a nonprofit, tax-exempt health data organization with the characteristics, expertise, and capacity to execute the powers and duties set forth for such entity in this chapter. See Virginia Code 32.1-276.3
• Oath: A promise to tell the truth.
• Oath: includes affirmation. See Virginia Code 1-228
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operator: means any person that operates or has operated or exercises or has exercised control over any silvicultural activity. See Virginia Code 10.1-1181.1
• Oral and maxillofacial surgeon: means , for the purposes of this chapter, a person who is licensed to practice dentistry in Virginia, registered with the Board of Dentistry as an oral and maxillofacial surgeon, and certified to perform certain procedures pursuant to § Virginia Code 32.1-276.3
• Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
• Outpatient surgery: means all surgical procedures performed on an outpatient basis in a general hospital, ordinary hospital, outpatient surgical hospital or other facility licensed or certified pursuant to Article 1 (§ Virginia Code 32.1-276.3
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means any person that (i) owns or leases land on which silvicultural activity occurs or has occurred or (ii) owns timber on land on which silvicultural activity occurs or has occurred. See Virginia Code 10.1-1181.1
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Partnership: means the Virginia Economic Development Partnership. See Virginia Code 10.1-1230
• Period of sale: means the time during which a purchase under an agreement is entitled to receive the Foundation Allocation. See Virginia Code 32.1-354
• Permitted vehicle or vehicles: means any vehicle being operated under the provisions of a valid highway hauling permit issued pursuant to § Virginia Code 46.2-2900
• Person: means an individual, corporation, partnership, or association or any other legal entity. See Virginia Code 32.1-3
• Person: means an individual, corporation, partnership, association, governmental body, municipal corporation, public service authority, or any other legal entity. See Virginia Code 10.1-1230
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency or instrumentality, or any other legal or commercial entity. See Virginia Code 10.1-1238
• Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality or other legal entity. See Virginia Code 54.1-526
• person: means any individual, firm, copartnership, corporation, company, association or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof. See Virginia Code 5.1-89
• Person: means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association or any other individual or entity. See Virginia Code 54.1-500
• planning of land and subdivisions thereof: shall include , but not be limited to, the preparation of incidental plans and profiles for roads, streets and sidewalks, grading, drainage on the surface, culverts and erosion control measures, with reference to existing state or local standards. See Virginia Code 54.1-400
• Pollution: means such alteration of the physical, chemical or biological properties of any state waters resulting from sediment deposition as will or is likely to create a nuisance or render such waters (i) harmful or detrimental or injurious to the public health, safety or welfare, or to the health of animals, fish or aquatic life; (ii) unsuitable with reasonable treatment for use as present or possible future sources of public water supply; or (iii) unsuitable for recreational, commercial, industrial, agricultural, or other reasonable uses. See Virginia Code 10.1-1181.1
• practice of architecture: means any service wherein the principles and methods of architecture are applied, such as consultation, investigation, evaluation, planning and design, and includes the responsible administration of construction contracts, in connection with any private or public buildings, structures or projects, or the related equipment or accessories. See Virginia Code 54.1-400
• practice of engineering: means any service wherein the principles and methods of engineering are applied to, but are not necessarily limited to, the following areas: consultation, investigation, evaluation, planning and design of public or private utilities, structures, machines, equipment, processes, transportation systems and work systems, including responsible administration of construction contracts. See Virginia Code 54.1-400
• practice of land surveying: includes surveying of areas for a determination or correction, a description, the establishment or reestablishment of internal and external land boundaries, or the determination of topography, contours or location of physical improvements, and also includes the planning of land and subdivisions thereof. See Virginia Code 54.1-400
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Principal instructor: means the individual who has the primary responsibility for organizing and teaching an accredited asbestos training program, an accredited lead training program, or any combination thereof. See Virginia Code 54.1-500
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
• Professional engineer: means a person who is qualified to practice engineering by reason of his special knowledge and use of mathematical, physical and engineering sciences and the principles and methods of engineering analysis and design acquired by engineering education and experience, and whose competence has been attested by the Board through licensure as a professional engineer. See Virginia Code 54.1-400
• Project: means all or any part of the following activities necessary or desirable for the restoration and redevelopment of a brownfield site: (i) environmental or cultural resource site assessments, (ii) monitoring, remediation, cleanup, or containment of property to remove hazardous substances, hazardous wastes, solid wastes or petroleum, (iii) the lawful and necessary removal of human remains, the appropriate treatment of grave sites, and the appropriate and necessary treatment of significant archaeological resources, or the stabilization or restoration of structures listed on or eligible for the Virginia Historic Landmarks Register, (iv) demolition and removal of existing structures, or other site work necessary to make a site or certain real property usable for economic development, and (v) development of a remediation and reuse plan. See Virginia Code 10.1-1230
• Public corporation: means the Commonwealth of Virginia or any political subdivision thereof or any incorporated municipality therein or any public agency of the Commonwealth or of any political subdivision thereof or of any municipality therein. See Virginia Code 1-219.1
• real estate: includes lands, tenements and hereditaments, and all rights and appurtenances thereto and interests therein, other than a chattel interest. See Virginia Code 1-219
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Virginia Code 54.1-526
• Registration: means a method of regulation whereby any practitioner of a profession or occupation may be required to submit information concerning the location, nature and operation of his practice. See Virginia Code 54.1-300
• Registration: means registration as an athlete agent. See Virginia Code 54.1-526
• Regulatory board: means the Auctioneers Board, Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects, Board for Barbers and Cosmetology, Board for Branch Pilots, Board for Contractors, Board for Hearing Aid Specialists and Opticians, Board for Professional Soil Scientists, Wetland Professionals, and Geologists, Board for Waste Management Facility Operators, Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals, Cemetery Board, Real Estate Appraiser Board, Real Estate Board, Fair Housing Board, Virginia Board for Asbestos, Lead, and Home Inspectors, and Common Interest Community Board. See Virginia Code 54.1-300
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Residential building: means , for the purposes of home inspection, a structure consisting of one to four dwelling units used or occupied, or intended to be used or occupied, for residential purposes. See Virginia Code 54.1-500
• Residential wastewater: means sewage (i) generated by residential or accessory uses, not containing storm water or industrial influent, and having no other toxic, or hazardous constituents not routinely found in residential wastewater flows, or (ii) as certified by a professional engineer. See Virginia Code 54.1-400
• Responsible charge: means the direct control and supervision of the practice of architecture, professional engineering, landscape architecture, or land surveying. See Virginia Code 54.1-400
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• restricted common carrier by aircraft: means any person who undertakes, whether directly or by lease or other arrangement, to transport passengers or property of any restricted class or classes by aircraft for compensation whether over regular or irregular routes. See Virginia Code 5.1-89
• Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. ^{Source: U.S. Courts}
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sign: means , with present intent to authenticate or adopt a record, (i) to execute or adopt a tangible symbol or (ii) to attach to or logically associate with the record an electronic symbol, sound, or process. See Virginia Code 54.1-526
• Silvicultural activity: means any forest management activity, including but not limited to the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation. See Virginia Code 10.1-1181.1
• Small business: means a business located in Virginia that (i) employs 100 or fewer people and (ii) is a small business concern as defined in the federal Small Business Act (Virginia Code 10.1-1197.1
• Small renewable energy project: means (i) an electrical generation facility with a rated capacity not exceeding 150 megawatts that generates electricity only from sunlight or wind; (ii) an electrical generation facility with a rated capacity not exceeding 100 megawatts that generates electricity only from falling water, wave motion, tides, or geothermal power; (iii) an electrical generation facility with a rated capacity not exceeding 20 megawatts that generates electricity only from biomass, energy from waste, or municipal solid waste; (iv) an energy storage facility that uses electrochemical cells to convert chemical energy with a rated capacity not exceeding 150 megawatts; or (v) a hybrid project composed of an electrical generation facility that meets the parameters established in clause (i), (ii), or (iii) and an energy storage facility that meets the parameters established in clause (iv). See Virginia Code 10.1-1197.5
• Special order: means an administrative order issued to any party that has a stated duration of not more than twelve months and that may include a civil penalty of not more than $10,000. See Virginia Code 10.1-1182
• Special order: means a special order or emergency special order issued under subsection B or C of § Virginia Code 10.1-1181.1
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Virginia Code 10.1-1238
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Virginia Code 54.1-526
• state agency: means the same as that term is defined in § Virginia Code 1-206
• Statute: A law passed by a legislature.
• Student-athlete: means an individual who is eligible to attend an educational institution and engages in, is eligible to engage in, or may be eligible in the future to engage in any interscholastic or intercollegiate sport. See Virginia Code 54.1-526
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Summons: Another word for subpoena used by the criminal justice system.
• sworn: means "affirm" or "affirmed. See Virginia Code 1-250
• System: means the Virginia Patient Level Data System. See Virginia Code 32.1-276.3
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tobacco Assets: means all right, title, and interest in and to the portion of the Foundation Allocation that may be sold to the Corporation from time to time. See Virginia Code 32.1-354
• Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254
• Training manager: means the individual responsible for administering a training program and monitoring the performance of instructors for an accredited asbestos training or accredited lead training program. See Virginia Code 54.1-500
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Vehicle: means every device in, on or by which any person or property is or may be transported or drawn on a highway, except personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks. See Virginia Code 46.2-100
• Voluntary pollution prevention measures: means operational or equipment changes that meet the definition of pollution prevention contained in § Virginia Code 10.1-1197.1