Terms Used In Virginia Code > Title 17.1 > Chapter 9 - Judicial Inquiry and Review Commission

• account: means an account with a financial institution for which the account holder claims first-time home buyer savings account status on his Virginia income tax return for taxable year 2014 or any taxable year thereafter, pursuant to this chapter for the purpose of paying or reimbursing eligible costs for the purchase of a single-family residence in the Commonwealth by a qualified beneficiary. See Virginia Code 36-171
• Account holder: means an individual who establishes, individually or jointly with one or more other individuals, an account with a financial institution for which the account holder claims a first-time home buyer savings account status on his Virginia income tax return. See Virginia Code 36-171
• Acupuncturist: means an individual approved by the Board to practice acupuncture. See Virginia Code 54.1-2900
• Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by (i) a practitioner or, under the practitioner's direction, his authorized agent or (ii) the patient or research subject at the direction and in the presence of the practitioner. See Virginia Code 54.1-2519
• Adult: means a person 18 years of age or more. See Virginia Code 1-203
• Advance directive: means (i) a witnessed written document, voluntarily executed by the declarant in accordance with the requirements of § Virginia Code 54.1-2982
• Advanced practice registered nurse: means a certified nurse midwife, certified registered nurse anesthetist, clinical nurse specialist, or nurse practitioner who is jointly licensed by the Boards of Medicine and Nursing pursuant to § Virginia Code 54.1-2900
• Advanced practice registered nurse: means a certified nurse midwife, certified registered nurse anesthetist, clinical nurse specialist, or nurse practitioner who is jointly licensed by the Boards of Medicine and Nursing pursuant to § Virginia Code 54.1-3000
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agency: means any department, institution, authority, instrumentality, board or other administrative agency of the government of the Commonwealth of Virginia and any transportation district created pursuant to the Transportation District Act of 1964 (§ Virginia Code 8.01-195.2
• Agent: means an adult appointed by the declarant under an advance directive, executed or made in accordance with the provisions of § Virginia Code 54.1-2982
• Allegation: something that someone says happened.
• Allowable closing costs: means a disbursement listed on a settlement statement for the purchase of a single-family residence in the Commonwealth by a qualified beneficiary. See Virginia Code 36-171
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• ANSI Ski Lift Code: means the American National Standard (B77. See Virginia Code 8.01-227.11
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appliance: means a permanent or removable device used in a plan of dental care, including crowns, fillings, bridges, braces, dentures, orthodontic aligners, and sleep apnea devices. See Virginia Code 54.1-2700
• Appraisal: A determination of property value.
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• At-need: means at the time of death or while death is imminent. See Virginia Code 54.1-2800
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attending physician: means the primary physician who has responsibility for the health care of the patient. See Virginia Code 54.1-2982
• Attorney General: means the Attorney General of Virginia, the Chief Deputy, other deputies, counsels or assistant attorneys general employed by the Office of the Attorney General and designated by the Attorney General to act pursuant to this article. See Virginia Code 8.01-216.2
• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Audiologist: means any person who engages in the practice of audiology. See Virginia Code 54.1-2600
• Auricular acupuncture: means the subcutaneous insertion of sterile, disposable acupuncture needles in predetermined, bilateral locations in the outer ear. See Virginia Code 54.1-2900
• Authority: means the Virginia Resources Authority. See Virginia Code 36-156.1
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Battlefield property: means any real property in the Commonwealth that is listed in the Report on the Nation's Civil War Battlefields by the Civil War Sites Advisory Commission (Civil War Sites Advisory Commission/National Park Service, 1993, as amended); the Report to Congress on the Historic Preservation of Revolutionary War and War of 1812 Sites in the United States by the American Battlefield Protection Program of the National Park Service (U. See Virginia Code 10.1-2200
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• bill in equity: shall mean a complaint in a civil action, as provided in the Rules of Supreme Court of Virginia;

  11. See Virginia Code 8.01-2

• Biological nutrient removal technology: means technology that will typically achieve at least an 8 mg/L total nitrogen concentration or at least a 1 mg/L total phosphorus concentration in effluent discharges. See Virginia Code 10.1-2117
• Birth control: means contraceptive methods that are approved by the U. See Virginia Code 54.1-2900
• Board: means the Board of Housing and Community Development. See Virginia Code 36-141
• Board: means the Board of Housing and Community Development. See Virginia Code 36-152
• Board: means the Board of Health Professions. See Virginia Code 54.1-2500
• Board: means the Board of Audiology and Speech-Language Pathology. See Virginia Code 54.1-2600
• Board: means the Board of Historic Resources. See Virginia Code 10.1-2200
• Board: means the Board of Dentistry. See Virginia Code 54.1-2700
• Board: means the Board of Funeral Directors and Embalmers. See Virginia Code 54.1-2800
• Board: means the Board of Medicine. See Virginia Code 54.1-2900
• Board: means the Board of Nursing. See Virginia Code 54.1-3000
• Board: means the State Water Control Board. See Virginia Code 10.1-2123
• Bond with surety: includes the payment in cash of the full amount of the required bond and, in such case, no surety shall be required. See Virginia Code 1-205
• Bureau: means the Virginia Department of State Police, Bureau of Criminal Investigation, Drug Diversion Unit. See Virginia Code 54.1-2519
• Business firm: means any corporation, partnership, electing small business (Subchapter S) corporation, limited liability company, or sole proprietorship authorized to do business in the Commonwealth and subject to tax imposed under Articles 2 (§ Virginia Code 36-158
• business of insurance: include solicitation, negotiations preliminary to execution, execution of an insurance contract, and the transaction of matters subsequent to execution of the contract and arising out of it. See Virginia Code 38.2-100
• Capacity reviewer: means a licensed physician or clinical psychologist who is qualified by training or experience to assess whether a person is capable or incapable of making an informed decision. See Virginia Code 54.1-2982
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• CDFI: means a community development financial institution that provides credit and financial services for underserved communities. See Virginia Code 36-156.3
• Certified nurse aide: means a person who meets the qualifications specified in this article and who is currently certified by the Board. See Virginia Code 54.1-3000
• Certified nurse midwife: means an advanced practice registered nurse who is certified in the specialty of nurse midwifery and who is jointly licensed by the Boards of Medicine and Nursing as an advanced practice registered nurse pursuant to § Virginia Code 54.1-2900
• Certified registered nurse anesthetist: means an advanced practice registered nurse who is certified in the specialty of nurse anesthesia, who is jointly licensed by the Boards of Medicine and Nursing as an advanced practice registered nurse pursuant to § Virginia Code 54.1-2900
• Chambers: A judge's office.
• 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.
• Chesapeake Bay Agreement: means the Chesapeake Bay Agreement of 2000 and any amendments thereto. See Virginia Code 10.1-2117
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Claim: means any request or demand, whether under a contract or otherwise, for money or property, regardless of whether the Commonwealth has title to the money or property, that (i) is presented to an officer, employee, or agent of the Commonwealth or (ii) is made to a contractor, grantee, or other recipient (a) if the money or property is to be spent or used on the Commonwealth's behalf or to advance a governmental program or interest and (b) if the Commonwealth provides or has provided any portion of the money or property requested or demanded or will reimburse such contractor, grantee, or other recipient for any portion of the money or property that is requested or demanded. See Virginia Code 8.01-216.2
• 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.
• Clinical nurse specialist: means an advanced practice registered nurse who is certified in the specialty of clinical nurse specialist and who is jointly licensed by the Boards of Medicine and Nursing as an advanced practice registered nurse pursuant to § Virginia Code 54.1-2900
• Collaboration: means the communication and decision-making process among health care providers who are members of a patient care team related to the treatment of a patient that includes the degree of cooperation necessary to provide treatment and care of the patient and includes (i) communication of data and information about the treatment and care of a patient, including the exchange of clinical observations and assessments, and (ii) development of an appropriate plan of care, including decisions regarding the health care provided, accessing and assessment of appropriate additional resources or expertise, and arrangement of appropriate referrals, testing, or studies. See Virginia Code 54.1-2900
• Commission: means the Judicial Inquiry and Review Commission provided for in Article VI, § 10 of the Constitution of Virginia. See Virginia Code 17.1-900
• Commission: means the State Corporation Commission. See Virginia Code 38.2-100
• Committee: means the Health Practitioners' Monitoring Program Committee as described in § Virginia Code 54.1-2515
• 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.
• Commonwealth: means the Commonwealth of Virginia, any agency of state government, and any political subdivision of the Commonwealth. See Virginia Code 8.01-216.2
• Company: means any association, aggregate of individuals, business, corporation, individual, joint-stock company, Lloyds type of organization, organization, partnership, receiver, reciprocal or interinsurance exchange, trustee or society. See Virginia Code 38.2-100
• Competition: includes training sessions or practice for a contest or event. See Virginia Code 8.01-227.11
• Competition terrain: means any part of a winter sports area in which an operator has authorized a competition to take place. See Virginia Code 8.01-227.11
• Competitor: means a winter sports participant who actually is engaged in a competition in any portion of a winter sports area made available by the winter sports area operator. See Virginia Code 8.01-227.11
• Consultation: means communicating data and information, exchanging clinical observations and assessments, accessing and assessing additional resources and expertise, problem-solving, and arranging for referrals, testing, or studies. See Virginia Code 54.1-2900
• Contract: means a written agreement between a practitioner and the Committee providing the terms and conditions of program participation or a written agreement entered into by the Director for the implementation of monitoring services. See Virginia Code 54.1-2515
• Controlled substance: means a drug, substance or immediate precursor in Schedules I through VI of the Drug Control Act, Chapter 34 (§ Virginia Code 54.1-2519
• Controlled substance: means a controlled substance as defined in Article 1 (§ Virginia Code 8.01-227.4
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Courts of record: means the Supreme Court of Virginia, the Court of Appeals of Virginia, and the circuit courts. See Virginia Code 1-212
• Covered substance: means all controlled substances included in Schedules II, III, and IV; controlled substances included in Schedule V for which a prescription is required; naloxone; and all drugs of concern that are required to be reported to the Prescription Monitoring Program, pursuant to this chapter. See Virginia Code 54.1-2519
• Cremate: means to reduce a dead human body to ashes and bone fragments by the action of fire. See Virginia Code 54.1-2800
• Cremator: means a person or establishment that owns or operates a crematory or crematorium or cremates dead human bodies. See Virginia Code 54.1-2800
• crematorium: means a facility containing a furnace for cremation of dead human bodies. See Virginia Code 54.1-2800
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Declarant: means an adult who makes an advance directive, as defined in this article, while capable of making and communicating an informed decision. See Virginia Code 54.1-2982
• Declinable preneed funeral guarantee fee: means an optional and declinable fee agreed to by a preneed funeral contract purchaser, if offered by a seller, for which the cost of the supplies and services as described in the preneed funeral contract shall be guaranteed. See Virginia Code 54.1-2800
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defective drywall: means drywall or similar building material composed of dried gypsum-based plaster that (i) contains elemental sulfur exceeding 10 parts per million as has been found in some drywall manufactured in the People's Republic of China and imported into the United States between 2004 and 2007 and, when exposed to heat, humidity, or both, releases elevated levels of hydrogen sulfide gas into the air or (ii) has been designated by the U. See Virginia Code 36-156.1
• Dental hygiene: means duties related to patient assessment and the rendering of educational, preventive, and therapeutic dental services specified in regulations of the Board and not otherwise restricted to the practice of dentistry. See Virginia Code 54.1-2700
• Dental hygienist: means a person who is licensed by the Board to practice dental hygiene. See Virginia Code 54.1-2700
• Dentist: means a person who has been awarded a degree in and is licensed by the Board to practice dentistry. See Virginia Code 54.1-2700
• Dentistry: means the evaluation, diagnosis, prevention, and treatment, through surgical, nonsurgical, or related procedures, of diseases, disorders, and conditions of the oral cavity and the maxillofacial, adjacent, and associated structures and their impact on the human body. See Virginia Code 54.1-2700
• Department: means the Department of Housing and Community Development. See Virginia Code 36-131
• Department: means the Department of Housing and Community Development. See Virginia Code 36-141
• Department: means the Department of Housing and Community Development. See Virginia Code 36-152
• Department: means the Department of Housing and Community Development. See Virginia Code 36-156.1
• Department: means the Department of Agriculture and Consumer Services. See Virginia Code 36-156.3
• Department: means the Department of Housing and Community Development. See Virginia Code 36-158
• Department: means the Department of Health Professions. See Virginia Code 54.1-2500
• Department: means the Virginia Department of Health Professions. See Virginia Code 54.1-2519
• Department: means the Department of Historic Resources. See Virginia Code 10.1-2200
• Department: means the Department of Environmental Quality. See Virginia Code 10.1-2120
• Department: means the Department of Environmental Quality. See Virginia Code 10.1-2123
• 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.
• Derelict structures: means residential, commercial or industrial structures which are no longer being used for a place of habitation, business or industry and which are in such poor condition as to cause a blight upon the neighborhood in which any such structure is located. See Virginia Code 36-152
• Designated trail: means a winter sports area trail on which a participant is permitted by the operator to participate in a winter sport. See Virginia Code 8.01-227.11
• Devise: To gift property by will.
• Digital scan: means digital technology that creates a computer-generated replica of the hard and soft tissues of the oral cavity using enhanced digital photography. See Virginia Code 54.1-2700
• Digital scan technician: means a person who has completed a training program approved by the Board to take digital scans of intraoral and extraoral hard and soft tissues for use in teledentistry. See Virginia Code 54.1-2700
• Digital work order: means the digital equivalent of a written dental laboratory work order used in the construction or repair of an appliance. See Virginia Code 54.1-2700
• Director: means the Director of the Department of Housing and Community Development. See Virginia Code 36-131
• Director: means the Director of the Department of Housing and Community Development. See Virginia Code 36-156.1
• Director: means the Director of the Department of Health Professions. See Virginia Code 54.1-2500
• Director: means the Director of the Virginia Department of Health Professions. See Virginia Code 54.1-2519
• Director: means the Director of the Department of Historic Resources. See Virginia Code 10.1-2200
• Director: means the Director of the Department of Environmental Quality. See Virginia Code 10.1-2120
• Director: means the Director of the Department of Environmental Quality. See Virginia Code 10.1-2123
• Disciplinary action: means any proceeding that may lead to a monetary penalty or probation or to a reprimand, restriction, revocation, suspension, denial, or other order relating to the license, certificate, registration, or multistate privilege of a health care practitioner issued by a health regulatory board. See Virginia Code 54.1-2515
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Dispense: means to deliver a controlled substance to an ultimate user, research subject, or owner of an animal patient by or pursuant to the lawful order of a practitioner, including the prescribing and administering, packaging, labeling or compounding necessary to prepare the substance for that delivery. See Virginia Code 54.1-2519
• Dispenser: means a person or entity that (i) is authorized by law to dispense a covered substance or to maintain a stock of covered substances for the purpose of dispensing, and (ii) dispenses the covered substance to a citizen of the Commonwealth regardless of the location of the dispenser, or who dispenses such covered substance from a location in Virginia regardless of the location of the recipient. See Virginia Code 54.1-2519
• Docket: A log containing brief entries of court proceedings.
• Documentary material: means the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart, or other document, or data compilations stored in or accessible through computer or other information retrieval systems, together with instructions and all other materials necessary to use or interpret such data compilations, and any product of discovery. See Virginia Code 8.01-216.2
• Donor: The person who makes a gift.
• Durable Do Not Resuscitate Order: means a written physician's order issued pursuant to § Virginia Code 54.1-2982
• Eligible costs: means the down payment and allowable closing costs for the purchase of a single-family residence in the Commonwealth by a qualified beneficiary. See Virginia Code 36-171
• Eligible nonsignificant discharger: means any publicly owned treatment works that is not a significant discharger but due to expansion or new construction is subject to a technology-based standard under § Virginia Code 10.1-2117
• Embalmer: means any person engaged in the practice of embalming. See Virginia Code 54.1-2800
• Embalming: means the process of chemically treating the dead human body by arterial injection and cavity treatment or, when necessary, hypodermic tissue injection to reduce the presence and growth of microorganisms to temporarily retard organic decomposition. See Virginia Code 54.1-2800
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Employee: means any officer, employee or agent of any agency, or any person acting on behalf of an agency in an official capacity, temporarily or permanently in the service of the Commonwealth, or any transportation district, whether with or without compensation. See Virginia Code 8.01-195.2
• Employee: includes an employee or officer of the Commonwealth. See Virginia Code 8.01-216.2
• Employer: includes the Commonwealth. See Virginia Code 8.01-216.2
• 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.
• 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}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Ex officio: Literally, by virtue of one's office.
• Ex officio: means service by virtue of one's office and includes voting privileges for ex officio members unless otherwise provided. See Virginia Code 1-215
• Executor: A male person named in a will to carry out the decedent
• 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.
• Fiduciary: shall include any one or more of the following:

  a. See Virginia Code 8.01-2

• Fiduciary: includes a guardian, committee, trustee, executor, conservator, or personal representative. See Virginia Code 64.2-100
• Field investigation: means the study of the traces of human culture at any site by means of surveying, sampling, excavating, or removing surface or subsurface material, or going on a site with that intent. See Virginia Code 10.1-2300
• Financial institution: means any bank, trust company, savings institution, industrial loan association, consumer finance company, or credit union or any benefit association, insurance company, safe deposit company, money market mutual fund, or similar entity authorized to do business in the Commonwealth. See Virginia Code 36-171
• 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.
• 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}
• freestyle terrain park: means any portion of a winter sports area that has been designated as such by the operator for freestyle skiing, freestyle snowboarding, or similar freestyle winter sports and includes, but is not limited to, the terrain park itself and features such as rails, boxes, jumps, hits, jibs, tabletops, spines, ramps, banks, pipes, half-pipes, quarter-pipes, tables, logs, or other man-made features such as buses and other vehicles, propane tanks, and tractor tires; snowcross terrain and features; and other constructed or natural features, but does not include moguls, bumps, or rollers or jumps not built by the operator, unless they are within a designated freestyle terrain park. See Virginia Code 8.01-227.11
• Freestyler: means a winter sports participant utilizing freestyle terrain or a freestyle terrain park. See Virginia Code 8.01-227.11
• Fund: means the Virginia Housing Trust Fund created by this chapter. See Virginia Code 36-141
• Fund: means the Virginia Removal or Rehabilitation of Derelict Structures Fund created by this chapter. See Virginia Code 36-152
• Fund: means the Virginia Defective Drywall Correction and Restoration Assistance Fund. See Virginia Code 36-156.1
• Fund: means the Virginia Food Access Investment Fund. See Virginia Code 36-156.3
• Fund: means the Housing Revitalization Zone Fund. See Virginia Code 36-158
• Fund: means the Virginia Water Quality Improvement Fund established by Article 4 (§ Virginia Code 10.1-2117
• Fund: means the Virginia Water Quality Improvement Fund established by § Virginia Code 10.1-2127.1
• Funding: means loans, forgivable loans, and grants made from the Fund. See Virginia Code 36-156.3
• Funeral directing: means the for-profit profession of directing or supervising funerals, preparing human dead for burial by means other than embalming, or making arrangements for funeral services or the financing of funeral services. See Virginia Code 54.1-2800
• Funeral director: means any person engaged in the practice of funeral directing. See Virginia Code 54.1-2800
• Funeral service establishment: means any main establishment, branch, or chapel that is permanently affixed to the real estate and for which a certificate of occupancy has been issued by the local building official where any part of the profession of funeral directing, the practice of funeral services, or the act of embalming is performed. See Virginia Code 54.1-2800
• Funeral service intern: means a person who is preparing to be licensed for the practice of funeral services under the direct supervision of a practitioner licensed by the Board. See Virginia Code 54.1-2800
• Funeral service licensee: means a person who is licensed in the practice of funeral services. See Virginia Code 54.1-2800
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Genetic counselor: means a person licensed by the Board to engage in the practice of genetic counseling. See Virginia Code 54.1-2900
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantor: The person who establishes a trust and places property into it.
• HDA: means the Virginia Housing Development Authority created in Chapter 1. See Virginia Code 36-141
• Healing arts: means the arts and sciences dealing with the prevention, diagnosis, treatment and cure or alleviation of human physical or mental ailments, conditions, diseases, pain or infirmities. See Virginia Code 54.1-2900
• Health care: means the furnishing of services to any individual for the purpose of preventing, alleviating, curing, or healing human illness, injury or physical disability, including but not limited to, medications; surgery; blood transfusions; chemotherapy; radiation therapy; admission to a hospital, nursing home, assisted living facility, or other health care facility; psychiatric or other mental health treatment; and life-prolonging procedures and palliative care. See Virginia Code 54.1-2982
• Health care provider: means a health care provider as defined in § Virginia Code 8.01-227.4
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Helmet: means a type of molded headgear equipped with a neck or chin strap specifically designed by the manufacturer to be used while engaged in the winter sport of alpine skiing or snowboarding. See Virginia Code 8.01-227.11
• Housing revitalization zone: means an area declared by the Governor to be eligible for the benefits of this chapter. See Virginia Code 36-158
• Housing sponsor: means individuals, joint ventures, partnerships, limited partnerships, public bodies, trusts, firms, associations, or other legal entities or any combination thereof, corporations, cooperatives and condominiums, approved by the Department of Housing and Community Development as qualified either to own, construct, acquire, rehabilitate, operate, manage or maintain a housing development, whether nonprofit or organized for limited profit subject to the regulatory powers of the Department of Housing and Community Development and other terms and conditions set forth in this chapter. See Virginia Code 36-141
• Housing unit: means any building, structure, or portion thereof, which is occupied as, or intended for occupancy as, a residence by one or more families. See Virginia Code 36-158
• Impairment: means a physical or mental disability, including but not limited to substance abuse, that substantially alters the ability of a practitioner to practice his profession with safety to his patients and the public. See Virginia Code 54.1-2515
• In-person communication: means face-to-face communication and telephonic communication. See Virginia Code 54.1-2800
• Incapable of making an informed decision: means the inability of an adult patient, because of mental illness, intellectual disability, or any other mental or physical disorder that precludes communication or impairs judgment, to make an informed decision about providing, continuing, withholding or withdrawing a specific health care treatment or course of treatment because he is unable to understand the nature, extent or probable consequences of the proposed health care decision, or to make a rational evaluation of the risks and benefits of alternatives to that decision. See Virginia Code 54.1-2982
• incarcerated: means confinement in a local or regional correctional facility, juvenile correctional center, state correctional facility, residential detention center, or facility operated pursuant to the Corrections Private Management Act (§ Virginia Code 8.01-195.10
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• inherent risks of the winter sport: include :

  1. See Virginia Code 8.01-227.11

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Institutions of higher education: means any educational institution meeting the requirements of § Virginia Code 10.1-2117
• Insurer: means an insurance company. See Virginia Code 38.2-100
• 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}
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Investigation: means any inquiry conducted by an investigator for the purpose of ascertaining whether any person is or has been engaged in any violation of this article. See Virginia Code 8.01-216.2
• Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
• Judge: means a justice of the Supreme Court, judge of the Court of Appeals, judge of a circuit or district court, member of the State Corporation Commission, or a member of the Virginia Workers' Compensation Commission and includes (i) persons who have been elected or appointed to be judges but have not taken the oath of office as judge as well as persons who have taken such oath, (ii) judges designated under § Virginia Code 17.1-900
• Jurisprudence: The study of law and the structure of the legal system.
• Juror: A person who is on the jury.
• Legacy: A gift of property made by will.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means the document issued to an applicant upon completion of requirements for admission to practice dentistry or dental hygiene in the Commonwealth or upon registration for renewal of license to continue the practice of dentistry or dental hygiene in the Commonwealth. See Virginia Code 54.1-2700
• License to practice dentistry: means any license to practice dentistry issued by the Board. See Virginia Code 54.1-2700
• Licensed certified midwife: means a person who is licensed as a certified midwife by the Boards of Medicine and Nursing. See Virginia Code 54.1-2900
• licensed practical nurse: means a person who is licensed or holds a multistate licensure privilege under the provisions of this chapter to practice practical nursing as defined in this section. See Virginia Code 54.1-3000
• licensed practical nursing: means the performance for compensation of selected nursing acts in the care of individuals or groups who are ill, injured, or experiencing changes in normal health processes; in the maintenance of health; in the prevention of illness or disease; or, subject to such regulations as the Board may promulgate, in the teaching of those who are or will be nurse aides. See Virginia Code 54.1-3000
• Life-prolonging procedure: means any medical procedure, treatment or intervention which (i) utilizes mechanical or other artificial means to sustain, restore or supplant a spontaneous vital function, or is otherwise of such a nature as to afford a patient no reasonable expectation of recovery from a terminal condition and (ii) when applied to a patient in a terminal condition, would serve only to prolong the dying process. See Virginia Code 54.1-2982
• 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 36-156.1
• Local government: means any county, city, town, municipal corporation, authority, district, commission or political subdivision of the Commonwealth. See Virginia Code 10.1-2117
• Local zone administrator: means the chief executive of the county, city, or town in which a housing revitalization zone is located, or his designee. See Virginia Code 36-158
• locality: means any county, city or town in the Commonwealth. See Virginia Code 36-152
• Massage therapist: means a person who meets the qualifications specified in this chapter and who is currently licensed by the Board. See Virginia Code 54.1-3000
• Massage therapy: means the treatment of soft tissues for therapeutic purposes by the application of massage and bodywork techniques based on the manipulation or application of pressure to the muscular structure or soft tissues of the human body. See Virginia Code 54.1-3000
• Material: means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property. See Virginia Code 8.01-216.2
• Maxillofacial: means pertaining to the jaws and face, particularly with reference to specialized surgery of this region. See Virginia Code 54.1-2700
• Medical malpractice judgment: means any final order of any court entering judgment against a licensee of the Board that arises out of any tort action or breach of contract action for personal injuries or wrongful death, based on health care or professional services rendered, or that should have been rendered, by a health care provider, to a patient. See Virginia Code 54.1-2900
• Medical malpractice settlement: means any written agreement and release entered into by or on behalf of a licensee of the Board in response to a written claim for money damages that arises out of any personal injuries or wrongful death, based on health care or professional services rendered, or that should have been rendered, by a health care provider, to a patient. See Virginia Code 54.1-2900
• Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
• Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Next of kin: means any of the following persons, regardless of the relationship to the decedent: any person designated to make arrangements for the disposition of the decedent's remains upon his death pursuant to § Virginia Code 54.1-2800
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nonlegislative citizen member: means any natural person who is not a member of the General Assembly of Virginia. See Virginia Code 1-225
• Nonpoint source pollution: means pollution of state waters washed from the land surface in a diffuse manner and not resulting from a discernible, defined or discrete conveyance. See Virginia Code 10.1-2117
• Nurse practitioner: means an advanced practice registered nurse, other than an advanced practice registered nurse licensed by the Boards of Medicine and Nursing in the category of certified nurse midwife, certified registered nurse anesthetist, or clinical nurse specialist, who is jointly licensed by the Boards of Medicine and Nursing pursuant to § Virginia Code 54.1-2900
• Nurse practitioner: means an advanced practice registered nurse who is jointly licensed by the Boards of Medicine and Nursing pursuant to § Virginia Code 54.1-3000
• Nutrient removal technology: means state-of-the-art nutrient removal technology, biological nutrient removal technology, or other nutrient removal technology. See Virginia Code 10.1-2117
• Oath: A promise to tell the truth.
• Oath: includes affirmation. See Virginia Code 1-228
• Object of antiquity: means any relic, artifact, remain, including human skeletal remains, specimen, or other archaeological article that may be found on, in, or below the surface of the earth that has historic, scientific, archaeologic, or educational value. See Virginia Code 10.1-2300
• Obligation: means an established duty, whether or not fixed, arising from (i) an express or implied contractual, grantor-grantee, or licensor-licensee relationship; (ii) a fee-based or similar relationship; (iii) a statute or regulation; or (iv) the retention of any overpayment. See Virginia Code 8.01-216.2
• Occupational therapy assistant: means an individual who has met the requirements of the Board for licensure and who works under the supervision of a licensed occupational therapist to assist in the practice of occupational therapy. See Virginia Code 54.1-2900
• Official use: means any use that is consistent with the law, regulations, and policies of the Commonwealth, including use in connection with (i) internal memoranda and reports of the Office of the Attorney General; (ii) communications between the Office of the Attorney General and a federal, state, or local government agency, or a contractor of a federal, state, or local government agency, undertaken in furtherance of an Office of the Attorney General investigation or prosecution of a case; (iii) interviews of any qui tam relator or other witness; (iv) oral examinations; (v) depositions; (vi) the preparation for and response to civil discovery requests; (vii) the introduction into the record of a case or proceeding; (viii) applications, motions, memoranda, and briefs submitted to a court or other tribunal; and (ix) communications with government investigators, auditors, consultants, experts, the counsel of other parties, arbitrators, and mediators, concerning an investigation, case, or proceeding. See Virginia Code 8.01-216.2
• Oral and maxillofacial surgeon: means a person who has successfully completed an oral and maxillofacial residency program, approved by the Commission on Dental Accreditation of the American Dental Association, and who holds a valid license from the Board. See Virginia Code 54.1-2700
• Oversight: Committee review of the activities of a Federal agency or program.
• participating in a winter sport: means :

  1. See Virginia Code 8.01-227.11

• 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.
• Passenger: means any individual, including a winter sports participant, while being transported or conveyed by a passenger tramway, while waiting in the immediate vicinity for such transportation or conveyance, while moving away from the disembarkation or unloading point of a passenger tramway to clear the way for the following passengers, or while boarding or embarking upon or unloading or disembarking from a passenger tramway. See Virginia Code 8.01-227.11
• Passenger tramway: means any ski lift, chairlift, gondola, tramway, cable car, or other aerial lift and any rope tow, conveyor, t-bar, j-bar, handle tow, or other surface lift used by an operator to transport participants, spectators, observers, or pedestrians at a winter sports area, and any associated components including, but not limited to, lift towers, concrete tower foundations, tower bolts, tower ladders, lift terminals, chairs, gondolas, t-bars, j-bars, conveyors, and other structures relating to passenger tramways. See Virginia Code 8.01-227.11
• Patient care consulting committee: means a committee duly organized by a facility licensed to provide health care under Virginia Code 54.1-2982
• Patient care team: means a multidisciplinary team of health care providers actively functioning as a unit with the management and leadership of one or more patient care team physicians for the purpose of providing and delivering health care to a patient or group of patients. See Virginia Code 54.1-2900
• Patient care team physician: means a physician who is actively licensed to practice medicine in the Commonwealth, who regularly practices medicine in the Commonwealth, and who provides management and leadership in the care of patients as part of a patient care team. See Virginia Code 54.1-2900
• Patient care team podiatrist: means a podiatrist who is actively licensed to practice podiatry in the Commonwealth, who regularly practices podiatry in the Commonwealth, and who provides management and leadership in the care of patients as part of a patient care team. See Virginia Code 54.1-2900
• Persistent vegetative state: means a condition caused by injury, disease or illness in which a patient has suffered a loss of consciousness, with no behavioral evidence of self-awareness or awareness of surroundings in a learned manner, other than reflex activity of muscles and nerves for low level conditioned response, and from which, to a reasonable degree of medical probability, there can be no recovery. See Virginia Code 54.1-2982
• Person: shall include individuals, a trust, an estate, a partnership, an association, an order, a corporation, or any other legal or commercial entity;

  6. See Virginia Code 8.01-2

• Person: means any association, aggregate of individuals, business, company, corporation, individual, joint-stock company, Lloyds type of organization, organization, partnership, receiver, reciprocal or interinsurance exchange, trustee or society. See Virginia Code 38.2-100
• Person: means any natural individual, partnership, association, corporation, or other legal entity. See Virginia Code 10.1-2300
• person: includes an individual, his executor, administrator, or other personal representative, or a corporation, partnership, association or any other legal or commercial entity, whether or not a citizen or domiciliary of the Commonwealth and whether or not organized under the laws of the Commonwealth. See Virginia Code 8.01-285
• Person: includes any natural person, corporation, firm, association, organization, partnership, limited liability company, business or trust. See Virginia Code 8.01-216.2
• Person: means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 8.01-227.11
• personal action: shall include an action wherein a judgment for money is sought, whether for damages to person or property. See Virginia Code 8.01-228
• Personal representative: includes the executor under a will or the administrator of the estate of a decedent, the administrator of such estate with the will annexed, the administrator of such estate unadministered by a former representative, whether there is a will or not, any person who is under the order of a circuit court to take into his possession the estate of a decedent for administration, and every other curator of a decedent's estate, for or against whom suits may be brought for causes of action that accrued to or against the decedent. See Virginia Code 64.2-100
• Personal representative: includes the executor of a will or the administrator of the estate of a decedent, the administrator of such estate with the will annexed, the administrator of such estate unadministered by a former representative, whether there is a will or not, any person who is under the order of a circuit court to take into his possession the estate of a decedent for administration, and every other curator of a decedent's estate, for or against whom suits may be brought for causes of action that accrued to or against the decedent. See Virginia Code 1-234
• Physician: means a person licensed to practice medicine in the Commonwealth of Virginia or in the jurisdiction where the health care is to be rendered or withheld. See Virginia Code 54.1-2982
• Physician assistant: means a health care professional who has met the requirements of the Board for licensure as a physician assistant. See Virginia Code 54.1-2900
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Planning district: means a contiguous area within the boundaries established by the Department of Housing and Community Development. See Virginia Code 36-158
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Point source pollution: means pollution of state waters resulting from any discernible, defined or discrete conveyances. See Virginia Code 10.1-2117
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Practice of acupuncture: means the stimulation of certain points on or near the surface of the body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions, including pain control, for the treatment of certain ailments or conditions of the body and includes the techniques of electroacupuncture, cupping, and moxibustion. See Virginia Code 54.1-2900
• Practice of athletic training: means the prevention, recognition, evaluation, and treatment of injuries or conditions related to athletic or recreational activity that requires physical skill and utilizes strength, power, endurance, speed, flexibility, range of motion or agility or a substantially similar injury or condition resulting from occupational activity immediately upon the onset of such injury or condition; and subsequent treatment and rehabilitation of such injuries or conditions, including in an inpatient or outpatient setting, under the direction of the patient's physician or under the direction of any doctor of medicine, osteopathy, chiropractic, podiatry, or dentistry, while using heat, light, sound, cold, electricity, exercise or mechanical or other devices. See Virginia Code 54.1-2900
• Practice of audiology: means the practice of conducting measurement, testing and evaluation relating to hearing and vestibular systems, including audiologic and electrophysiological measures, and conducting programs of identification, hearing conservation, habilitation, and rehabilitation for the purpose of identifying disorders of the hearing and vestibular systems and modifying communicative disorders related to hearing loss, including but not limited to vestibular evaluation, limited cerumen management, electrophysiological audiometry and cochlear implants. See Virginia Code 54.1-2600
• Practice of funeral services: means engaging in the care and disposition of the human dead, the preparation of the human dead for the funeral service, burial or cremation, the making of arrangements for the funeral service or for the financing of the funeral service and the selling or making of financial arrangements for the sale of funeral supplies to the public. See Virginia Code 54.1-2800
• Practice of genetic counseling: means (i) obtaining and evaluating individual and family medical histories to assess the risk of genetic medical conditions and diseases in a patient, his offspring, and other family members; (ii) discussing the features, history, diagnosis, environmental factors, and risk management of genetic medical conditions and diseases; (iii) ordering genetic laboratory tests and other diagnostic studies necessary for genetic assessment; (iv) integrating the results with personal and family medical history to assess and communicate risk factors for genetic medical conditions and diseases; (v) evaluating the patient's and family's responses to the medical condition or risk of recurrence and providing client-centered counseling and anticipatory guidance; (vi) identifying and utilizing community resources that provide medical, educational, financial, and psychosocial support and advocacy; and (vii) providing written documentation of medical, genetic, and counseling information for families and health care professionals. See Virginia Code 54.1-2900
• Practice of occupational therapy: means the therapeutic use of occupations for habilitation and rehabilitation to enhance physical health, mental health, and cognitive functioning and includes the evaluation, analysis, assessment, and delivery of education and training in basic and instrumental activities of daily living; the design, fabrication, and application of orthoses (splints); the design, selection, and use of adaptive equipment and assistive technologies; therapeutic activities to enhance functional performance; vocational evaluation and training; and consultation concerning the adaptation of physical, sensory, and social environments. See Virginia Code 54.1-2900
• Practice of podiatry: means the prevention, diagnosis, treatment, and cure or alleviation of physical conditions, diseases, pain, or infirmities of the human foot and ankle, including the medical, mechanical and surgical treatment of the ailments of the human foot and ankle, but does not include amputation of the foot proximal to the transmetatarsal level through the metatarsal shafts. See Virginia Code 54.1-2900
• Practice of respiratory care: means the (i) administration of pharmacological, diagnostic, and therapeutic agents related to respiratory care procedures necessary to implement a treatment, disease prevention, pulmonary rehabilitative, or diagnostic regimen prescribed by a practitioner of medicine or osteopathic medicine; (ii) transcription and implementation of the written or verbal orders of a practitioner of medicine or osteopathic medicine pertaining to the practice of respiratory care; (iii) observation and monitoring of signs and symptoms, general behavior, general physical response to respiratory care treatment and diagnostic testing, including determination of whether such signs, symptoms, reactions, behavior or general physical response exhibit abnormal characteristics; and (iv) implementation of respiratory care procedures, based on observed abnormalities, or appropriate reporting, referral, respiratory care protocols or changes in treatment pursuant to the written or verbal orders by a licensed practitioner of medicine or osteopathic medicine or the initiation of emergency procedures, pursuant to the Board's regulations or as otherwise authorized by law. See Virginia Code 54.1-2900
• Practice of speech-language pathology: means the practice of facilitating development and maintenance of human communication through programs of screening, identifying, assessing and interpreting, diagnosing, habilitating and rehabilitating speech-language disorders, including but not limited to:

  1. See Virginia Code 54.1-2600

• Practice of surgical assisting: means the performance of significant surgical tasks, including manipulation of organs, suturing of tissue, placement of hemostatic agents, injection of local anesthetic, harvesting of veins, implementation of devices, and other duties as directed by a licensed doctor of medicine, osteopathy, or podiatry under the direct supervision of a licensed doctor of medicine, osteopathy, or podiatry. See Virginia Code 54.1-2900
• Practitioner: means any individual regulated by any health regulatory board listed in § Virginia Code 54.1-2515
• Preneed: means at any time other than at-need. See Virginia Code 54.1-2800
• Preneed funeral contract: means any agreement where payment is made by the consumer prior to the receipt of services or supplies contracted for, which evidences arrangements prior to death for (i) the providing of funeral services or (ii) the sale of funeral supplies. See Virginia Code 54.1-2800
• Preneed funeral planning: means the making of arrangements prior to death for (i) the providing of funeral services or (ii) the sale of funeral supplies. See Virginia Code 54.1-2800
• Prescriber: means a practitioner licensed in the Commonwealth who is authorized pursuant to §§ Virginia Code 54.1-2519
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
• 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.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• process: shall be deemed to include notice;

  2. See Virginia Code 8.01-285

• Product of discovery: means (i) the original or duplicate of any deposition, interrogatory, document, thing, result of the inspection of land or other property, examination, or admission, which is obtained by any method of discovery in any judicial or administrative proceeding of an adversarial nature; (ii) any digest, analysis, selection, compilation, or derivation of any item listed in clause (i); and (iii) any index or other manner of access to any item listed in clause (i). See Virginia Code 8.01-216.2
• Program: means the Virginia Food Access Investment Program. See Virginia Code 36-156.3
• Program: means the Health Practitioners' Monitoring Program established pursuant to § Virginia Code 54.1-2515
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• 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
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Publicly owned treatment works: means a publicly owned sewage collection system consisting of pipelines or conduits, pumping stations and force mains, and all other construction, devices, and appliances appurtenant thereto, or any equipment, plant, treatment works, structure, machinery, apparatus, interest in land, or any combination of these, not including an onsite sewage system, that is used, operated, acquired, or constructed for the storage, collection, treatment, neutralization, stabilization, reduction, recycling, reclamation, separation, or disposal of wastewater, or for the final disposal of residues resulting from the treatment of sewage, including but not limited to: treatment or disposal plants; outfall sewers, interceptor sewers, and collector sewers; pumping and ventilating stations, facilities, and works; and other real or personal property and appurtenances incident to their development, use, or operation. See Virginia Code 10.1-2117
• Qualified beneficiary: means only an individual who resides in the Commonwealth at the time of settlement on the purchase of a single-family residence in the Commonwealth who (i) has never owned or purchased under contract for deed, either individually or jointly, a single-family residence in the Commonwealth or outside of the Commonwealth; (ii) is designated as the beneficiary of an account designated by the account holder as a first-time home buyer savings account; and (iii) may apply moneys or funds held in such account for eligible costs. See Virginia Code 36-171
• Qualified business firm: means a business firm designated as a qualified business firm by the Department pursuant to § 36-165. See Virginia Code 36-158
• Qualified medical direction: means , in the context of the practice of respiratory care, having readily accessible to the respiratory therapist a licensed practitioner of medicine or osteopathic medicine who has specialty training or experience in the management of acute and chronic respiratory disorders and who is responsible for the quality, safety, and appropriateness of the respiratory services provided by the respiratory therapist. See Virginia Code 54.1-2900
• Qualified owner occupant: means the owner of a housing unit who also uses the housing unit as the owner's residence, and who is designated as a qualified owner occupant pursuant to § 36-165. See Virginia Code 36-158
• Radiologic technologist: means an individual, other than a licensed doctor of medicine, osteopathy, podiatry, or chiropractic or a dentist licensed pursuant to Chapter 27 (§ Virginia Code 54.1-2900
• Radiologist assistant: means an individual who has met the requirements of the Board for licensure as an advanced-level radiologic technologist and who, under the direct supervision of a licensed doctor of medicine or osteopathy specializing in the field of radiology, is authorized to (i) assess and evaluate the physiological and psychological responsiveness of patients undergoing radiologic procedures; (ii) evaluate image quality, make initial observations, and communicate observations to the supervising radiologist; (iii) administer contrast media or other medications prescribed by the supervising radiologist; and (iv) perform, or assist the supervising radiologist to perform, any other procedure consistent with the guidelines adopted by the American College of Radiology, the American Society of Radiologic Technologists, and the American Registry of Radiologic Technologists. See Virginia Code 54.1-2900
• 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
• Recipient: means a person who receives a covered substance from a dispenser and includes the owner of an animal patient. See Virginia Code 54.1-2519
• registered professional nurse: means a person who is licensed or holds a multistate licensure privilege under the provisions of this chapter to practice professional nursing as defined in this section. See Virginia Code 54.1-3000
• registered professional nursing: means the performance for compensation of any nursing acts in the observation, care and counsel of individuals or groups who are ill, injured or experiencing changes in normal health processes or the maintenance of health; in the prevention of illness or disease; in the supervision and teaching of those who are or will be involved in nursing care; in the delegation of selected nursing tasks and procedures to appropriately trained unlicensed persons as determined by the Board; or in the administration of medications and treatments as prescribed by any person authorized by law to prescribe such medications and treatment. See Virginia Code 54.1-3000
• regulatory board: means any board included within the Department of Health Professions as provided in § Virginia Code 54.1-2500
• Relevant health regulatory board: means any such board that licenses persons or entities with the authority to prescribe or dispense covered substances, including the Board of Dentistry, the Board of Medicine, the Board of Veterinary Medicine, and the Board of Pharmacy. See Virginia Code 54.1-2519
• 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.
• Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
• 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).
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Residential housing: means a specific work or improvement within this Commonwealth, whether multi-family residential housing or single-family residential housing undertaken primarily to provide dwelling accommodations, including the acquisition, construction, rehabilitation, preservation or improvement of land, buildings and improvements thereto, for residential housing, and such other nonhousing facilities as may be incidental, related, or appurtenant thereto. See Virginia Code 36-141
• Respiratory care: means the practice of the allied health profession responsible for the direct and indirect services, including inhalation therapy and respiratory therapy, in the treatment, management, diagnostic testing, control, and care of patients with deficiencies and abnormalities associated with the cardiopulmonary system under qualified medical direction. See Virginia Code 54.1-2900
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• return: shall be deemed to include the term "proof of service";

  3. See Virginia Code 8.01-285

• 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.
• Settlement statement: means the statement of receipts and disbursements for a transaction related to real estate, including a statement prescribed under the Real Estate Settlement Procedures Act of 1974 (RESPA), Virginia Code 36-171
• Sheriff: shall include deputy sheriffs and such other persons designated in § Virginia Code 8.01-2
• Significant discharger: means (i) a publicly owned treatment works discharging to the Chesapeake Bay watershed with a design capacity of 0. See Virginia Code 10.1-2117
• Single-family residence: means a single-family residence owned and occupied by a qualified beneficiary, including a manufactured home, trailer, mobile home, condominium unit, or cooperative. See Virginia Code 36-171
• Site: means a geographical area on dry land that contains any evidence of human activity that is or may be the source of important historic, scientific, archaeologic, or educational data or objects. See Virginia Code 10.1-2300
• Snowmaking equipment: means any machine used to make snow, including but not limited to snow guns and any associated towers, components, pipe, hydrant, hose, or other structures or equipment, including electrical equipment. See Virginia Code 8.01-227.11
• Solicitation: means initiating contact with consumers with the intent of influencing their selection of a funeral plan or funeral service provider. See Virginia Code 54.1-2800
• Speech-language disorders: means disorders in fluency, speech articulation, voice, receptive and expressive language (syntax, morphology, semantics, pragmatics), swallowing disorders, and cognitive communication functioning. See Virginia Code 54.1-2600
• Speech-language pathologist: means any person who engages in the practice of speech-language pathology. See Virginia Code 54.1-2600
• State: means any commonwealth, state, territory, district or insular possession of the United States. See Virginia Code 38.2-100
• State waters: means all waters on the surface or under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdictions. See Virginia Code 10.1-2117
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• statutory agent: means (i) the Commissioner of the Department of Motor Vehicles and the Secretary of the Commonwealth, and the successors of either, when appointed pursuant to law for the purpose of service of process on the nonresident defined in subdivision 2 of § Virginia Code 8.01-285
• Store-and-forward technologies: means the technologies that allow for the electronic transmission of dental and health information, including images, photographs, documents, and health histories, through a secure communication system. See Virginia Code 54.1-2700
• 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.
• Supreme Court: means the Supreme Court of Virginia. See Virginia Code 1-249
• Surgical assistant: means an individual who has met the requirements of the Board for licensure as a surgical assistant and who works under the direct supervision of a licensed doctor of medicine, osteopathy, or podiatry. See Virginia Code 54.1-2900
• Teledentistry: means the delivery of dentistry between a patient and a dentist who holds a license to practice dentistry issued by the Board through the use of telehealth systems and electronic technologies or media, including interactive, two-way audio or video. See Virginia Code 54.1-2700
• Term: means (i) the period of time between either election or appointment of service as a judge and the first taking of the oath of office, (ii) each period of time for which the person was either elected or appointed as a judge, and (iii) any period of time after retirement during which the person hears cases as a retired judge. See Virginia Code 17.1-900
• Terminal condition: means a condition caused by injury, disease or illness from which, to a reasonable degree of medical probability a patient cannot recover and (i) the patient's death is imminent or (ii) the patient is in a persistent vegetative state. See Virginia Code 54.1-2982
• Testator: A male person who leaves a will at death.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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
• Trail: includes edges and transition areas to other terrain, but does not include a tubing park. See Virginia Code 8.01-227.11
• 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.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: means a trustee under a probated will or an inter vivos trust instrument. See Virginia Code 64.2-100
• Tubing: means sliding on inflatable tubes, minibobs, sleds, toboggans, or any other comparable devices down a prepared course or lanes at a winter sports area. See Virginia Code 8.01-227.11
• Tubing park: means an area designated by an operator for tubing. See Virginia Code 8.01-227.11
• Underserved community: means a census tract determined to be an area with low supermarket access either by the U. See Virginia Code 36-156.3
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Verdict: The decision of a petit jury or a judge.
• Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
• Water Quality Improvement Grants: means grants available from the Fund for projects of local governments, institutions of higher education, and individuals (i) to achieve nutrient reduction goals in regulations, permits, or the Chesapeake Bay TMDL Watershed Implementation Plan or (ii) to achieve other water quality restoration, protection or enhancement benefits. See Virginia Code 10.1-2117
• Winter sport: means a recreational or sporting activity, including sliding, jumping, walking, or traveling on a winter sports area trail for alpine skiing; Nordic skiing; telemark skiing; freestyle skiing; snowboarding; freestyle snowboarding; snowshoeing; tobogganing; sledding; or use of a snowmobile, minibob, snowbike, or comparable device; or any similar activity or use of a device that takes place at any time of the year on natural snow, man-made snow, ice, synthetic snow, synthetic ice, or any other synthetic surface, including a competition or the use of any device by a disabled or adaptive participant for a winter sport. See Virginia Code 8.01-227.11
• Winter sports area: means all the real and personal property under control of the operator or on the premises of such property that is being occupied by the operator by fee simple, lease, license, easement, permission, or otherwise, including but not limited to any and all trails, freestyle terrain, competition terrain, passenger tramways, or other areas of real property. See Virginia Code 8.01-227.11
• Winter sports area infrastructure: means :

  1. See Virginia Code 8.01-227.11

• winter sports area operator: means any person who has responsibility for the operations of a winter sports area, including its officers, directors, and employees and agents acting within the scope of their employment. See Virginia Code 8.01-227.11
• winter sports area trail: means any slope, trail, run, freestyle terrain, or competition terrain located in a winter sports area. See Virginia Code 8.01-227.11
• Winter sports area vehicle: means a vehicle used on a winter sports area trail in the operation and maintenance of winter sports areas and competitions and includes, but is not limited to, snowmobiles, all-terrain vehicles, and any other similarly sized vehicles as well as larger maintenance vehicles such as snow grooming equipment. See Virginia Code 8.01-227.11
• winter sports participant: means an individual of any age or physical or mental ability who is an amateur or professional invitee of the operator or a trespasser and who participates in a winter sport at the winter sports area, whether or not consideration is paid to participate in the winter sport and whether or not the participant holds a valid admission ticket for all or a portion of the winter sports area, and any employee of the operator who participates in a winter sport either as part of his employment duties or as recreation. See Virginia Code 8.01-227.11
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• wrongfully incarcerated: means incarceration for a felony conviction for which the conviction has been vacated pursuant to Virginia Code 8.01-195.10