Terms Used In Virginia Code > Title 8.01 > Chapter 26.2 - Appeals Generally

• Abuse: means any act or failure to act by an employee or other person responsible for the care of an individual in a facility or program operated, licensed, or funded by the Department, excluding those operated by the Department of Corrections, that was performed or was failed to be performed knowingly, recklessly, or intentionally, and that caused or might have caused physical or psychological harm, injury, or death to an individual receiving care or treatment for mental illness, developmental disabilities, or substance abuse. See Virginia Code 37.2-100
• Act: means the federal Secure and Fair Enforcement for Mortgage Licensing Act, Title V (§ 1501 et seq. See Virginia Code 6.2-1700
• Adult: means a person 18 years of age or more. See Virginia Code 1-203
• Affiliate: means a legal entity that controls, is controlled by, or is under common control with another legal entity or shares common branding with another legal entity. See Virginia Code 59.1-575
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
• 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.
• Attribute provider: means an entity, or a supplier, employee, or agent thereof, that acts as the authoritative record of identifying information about an identity credential holder. See Virginia Code 59.1-550
• Authenticate: means verifying through reasonable means that the consumer, entitled to exercise his consumer rights in § Virginia Code 59.1-575
• authority: means a public body and a body corporate and politic organized in accordance with the provisions of Chapter 6 (§ Virginia Code 37.2-100
• 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.
• 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}
• Biometric data: means data generated by automatic measurements of an individual's biological characteristics, such as a fingerprint, voiceprint, eye retinas, irises, or other unique biological patterns or characteristics that is used to identify a specific individual. See Virginia Code 59.1-575
• Board: means the State Board of Behavioral Health and Developmental Services. See Virginia Code 37.2-100
• Business: means any type of corporation, partnership, limited liability company, association, or sole proprietorship operated for profit. See Virginia Code 2.2-4301
• Business associate: means the same meaning as the term established by HIPAA. See Virginia Code 59.1-575
• Child: means any natural person younger than 13 years of age. See Virginia Code 59.1-575
• 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.
• Commonwealth identity management standards: means the minimum specifications and standards that must be included in an identity trust framework so as to define liability pursuant to this chapter that are set forth in guidance documents approved by the Secretary of Administration pursuant to Chapter 4. See Virginia Code 59.1-550
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conditional license: means a license issued in accordance with the requirements of § Virginia Code 37.2-403
• Confidential information: means information related to the play of a fantasy contest by fantasy contest players obtained as a result of or by virtue of a person's employment. See Virginia Code 59.1-556
• Consent: means a clear affirmative act signifying a consumer's freely given, specific, informed, and unambiguous agreement to process personal data relating to the consumer. See Virginia Code 59.1-575
• Consumer: means a natural person who is a resident of the Commonwealth acting only in an individual or household context. See Virginia Code 59.1-575
• controlled: means (i) ownership of, or the power to vote, more than 50 percent of the outstanding shares of any class of voting security of a company; (ii) control in any manner over the election of a majority of the directors or of individuals exercising similar functions; or (iii) the power to exercise controlling influence over the management of a company. See Virginia Code 59.1-575
• Controller: means the natural or legal person that, alone or jointly with others, determines the purpose and means of processing personal data. See Virginia Code 59.1-575
• Conviction: A judgement of guilt against a criminal defendant.
• Cosmetic: means any article intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, including, without limitation, personal hygiene products such as deodorant, shampoo, or conditioner. See Virginia Code 59.1-571
• Cosmetic animal testing: means the internal or external application of a cosmetic, either in its final form or any ingredient thereof, to the skin, eyes, or other body part of a live, nonhuman vertebrate. See Virginia Code 59.1-571
• Cosmetics manufacturer: means any person whose name appears on the label of a cosmetic product pursuant to the requirements of Virginia Code 59.1-571
• Covered entity: means the same as the term is established by HIPAA. See Virginia Code 59.1-575
• De-identified data: means data that cannot reasonably be linked to an identified or identifiable natural person, or a device linked to such person. See Virginia Code 59.1-575
• Decisions that produce legal or similarly significant effects concerning a consumer: means a decision made by the controller that results in the provision or denial by the controller of financial and lending services, housing, insurance, education enrollment, criminal justice, employment opportunities, health care services, or access to basic necessities, such as food and water. See Virginia Code 59.1-575
• Department: means the Department of Agriculture and Consumer Services. See Virginia Code 59.1-556
• Department: means the Department of Behavioral Health and Developmental Services. See Virginia Code 37.2-100
• Depository institution: means a bank, savings institution, or credit union. See Virginia Code 6.2-1800
• Developmental services: means planned, individualized, and person-centered services and supports provided to individuals with developmental disabilities for the purpose of enabling these individuals to increase their self-determination and independence, obtain employment, participate fully in all aspects of community life, advocate for themselves, and achieve their fullest potential to the greatest extent possible. See Virginia Code 37.2-100
• Employee: means an individual (i) whose manner and means of performance of work are subject to the right of control of, or are controlled by, a person and (ii) whose compensation for federal income tax purposes is reported, or required to be reported, on a W-2 form issued by the controlling person. See Virginia Code 6.2-1700
• Entry fee: means cash or cash equivalent that is required to be paid by a fantasy contest participant to a fantasy contest operator in order to participate in a fantasy contest. See Virginia Code 59.1-556
• Facility: means a state or licensed hospital, training center, psychiatric hospital, or other type of residential or outpatient mental health or developmental services facility. See Virginia Code 37.2-100
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Fantasy contest: includes any online fantasy or simulated game or contest with an entry fee in which (i) the value of all prizes and awards offered to winning participants is established and made known to the participants in advance of the contest; (ii) all winning outcomes reflect the relative knowledge and skill of the participants and shall be determined by accumulated statistical results of the performance of individuals, including athletes in the case of sports events; and (iii) no winning outcome is based on the score, point spread, or any performance of any single actual team or combination of teams or solely on any single performance of an individual athlete or player in any single actual event. See Virginia Code 59.1-556
• Federated identity management: means a process that allows the conveyance of identity credentials and authentication information across digital identity systems through the use of a common set of policies, practices, and protocols for managing the identity of users and devices across security domains. See Virginia Code 59.1-550
• federation: means a digital identity system that (i) utilizes federated identity management to enable the portability of identity information across otherwise autonomous security domains; (ii) is compliant with the Commonwealth's identity management standards and with the provisions of the governing identity trust framework; (iii) has established identity, security, privacy, technology, and enforcement rules and policies adhered to by certified identity providers that are members of the federated digital identity system; (iv) includes as members federation administrators, federation operators, identity trust framework operators, and identity providers; and (v) allows, but does not require, relying parties to be members of the federated digital identity system in order to accept an identity credential issued by a certified identity provider to verify an identity credential holder's identity. See Virginia Code 59.1-550
• Federation administrator: means a person or entity that certifies compliance with the Commonwealth's identity management standards by either a federation operator or an identity trust framework operator at the time of issuance of identity credentials, identity and entitlement attributes, or trustmarks. See Virginia Code 59.1-550
• Federation operator: means the entity that (i) defines rule and policies for member parties to a federation; (ii) certifies identity and entitlement attribute providers to be members of and issue identity credentials pursuant to the federation; and (iii) evaluates participation in the federation to ensure compliance by members of the federation with its rules and policies, including the ability to request audits of participants for verification of compliance. See Virginia Code 59.1-550
• Fiduciary: includes a guardian, committee, trustee, executor, conservator, or personal representative. See Virginia Code 64.2-100
• Forbearance: A means of handling a delinquent loan. A
• 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}
• Fraud: Intentional deception resulting in injury to another.
• Goods: means all material, equipment, supplies, printing, and automated data processing hardware and software. See Virginia Code 2.2-4301
• Grantor: The person who establishes a trust and places property into it.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• HIPAA: means the federal Health Insurance Portability and Accountability Act of 1996 (Virginia Code 59.1-575
• Identified or identifiable natural person: means a person who can be readily identified, directly or indirectly. See Virginia Code 59.1-575
• Identity attribute: means identifying information associated with an identity credential holder. See Virginia Code 59.1-550
• Identity credential: means the data, or the physical object upon which the data may reside, that an identity credential holder may present to verify or authenticate his identity in a digital or online transaction. See Virginia Code 59.1-550
• Identity credential holder: means a person bound to or in possession of an identity credential who has agreed to the terms and conditions of the identity provider. See Virginia Code 59.1-550
• Identity proofer: means a person or entity authorized to act as a representative of an identity provider in the confirmation of a potential identity credential holder's identification and identity attributes prior to issuing an identity credential to a person. See Virginia Code 59.1-550
• identity provider: includes an attribute provider, an identity proofer, and any suppliers, employees, or agents thereof. See Virginia Code 59.1-550
• Identity trust framework: means a digital identity system with established identity, security, privacy, technology, and enforcement rules and policies adhered to by certified identity providers that are members of the identity trust framework. See Virginia Code 59.1-550
• Identity trust framework operator: means the entity that (i) defines rules and policies for member parties to an identity trust framework, (ii) certifies identity providers to be members of and issue identity credentials pursuant to the identity trust framework, and (iii) evaluates participation in the identity trust framework to ensure compliance by members of the identity trust framework with its rules and policies, including the ability to request audits of participants for verification of compliance. See Virginia Code 59.1-550
• individual: means a current direct recipient of public or private mental health, developmental, or substance abuse treatment, rehabilitation, or habilitation services and includes the terms "consumer" "patient" "resident" "recipient" or "client. See Virginia Code 37.2-100
• Ingredient: has the meaning ascribed to it in Virginia Code 59.1-571
• Institution of higher education: means a public institution and private institution of higher education, as those terms are defined in § Virginia Code 59.1-575
• Intellectual disability: means a disability, originating before the age of 18 years, characterized concurrently by (i) significant subaverage intellectual functioning as demonstrated by performance on a standardized measure of intellectual functioning, administered in conformity with accepted professional practice, that is at least two standard deviations below the mean and (ii) significant limitations in adaptive behavior as expressed in conceptual, social, and practical adaptive skills. See Virginia Code 37.2-100
• Interest: means all charges payable directly or indirectly by a borrower to a licensee as a condition to a loan, including fees, service charges, and renewal charges, and any ancillary product sold in connection with a loan, but does not include the monthly maintenance fees, deposit item return fees, or late charges authorized under § Virginia Code 6.2-1800
• Intestate: Dying without leaving a will.
• licensed: means a state hospital and a licensed hospital that provides care and treatment for persons with mental illness. See Virginia Code 37.2-100
• Licensee: means a person to whom a license has been issued under this chapter. See Virginia Code 6.2-1800
• Mental health services: means planned individualized interventions intended to reduce or ameliorate mental illness or the effects of mental illness through care, treatment, counseling, rehabilitation, medical or psychiatric care, or other supports provided to individuals with mental illness for the purpose of enabling these individuals to increase their self-determination and independence, obtain remunerative employment, participate fully in all aspects of community life, advocate for themselves, and achieve their fullest potential to the greatest extent possible. See Virginia Code 37.2-100
• Mental illness: means a disorder of thought, mood, emotion, perception, or orientation that significantly impairs judgment, behavior, capacity to recognize reality, or ability to address basic life necessities and requires care and treatment for the health, safety, or recovery of the individual or for the safety of others. See Virginia Code 37.2-100
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgage loan originator: means an individual who (i) takes an application for or offers or negotiates the terms of a residential mortgage loan in which the dwelling is or will be located in the Commonwealth or (ii) represents to the public, through advertising or other means of communicating or providing information, including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that such individual can or will perform any of the activities described in clause (i). See Virginia Code 6.2-1700
• Neglect: means failure by a person or a program or facility operated, licensed, or funded by the Department, excluding those operated by the Department of Corrections, responsible for providing services to do so, including nourishment, treatment, care, goods, or services necessary to the health, safety, or welfare of an individual receiving care or treatment for mental illness, developmental disabilities, or substance abuse. See Virginia Code 37.2-100
• Nonprofit organization: means any corporation organized under the Virginia Nonstock Corporation Act (§ Virginia Code 59.1-575
• operator: means a person or entity that offers fantasy contests for a cash prize to members of the public. See Virginia Code 59.1-556
• Oversight: Committee review of the activities of a Federal agency or program.
• Personal data: means any information that is linked or reasonably linkable to an identified or identifiable natural person. See Virginia Code 59.1-575
• Personal estate: includes chattels real and such other estate as, upon the death of the owner intestate, would devolve upon his personal representative. See Virginia Code 1-233
• 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
• player: means a person who participates in a fantasy contest offered by a fantasy contest operator. See Virginia Code 59.1-556
• Political organization: means a party, committee, association, fund, or other organization, whether or not incorporated, organized and operated primarily for the purpose of influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any federal, state, or local public office or office in a political organization or the election of a presidential/vice-presidential elector, whether or not such individual or elector is selected, nominated, elected, or appointed. See Virginia Code 59.1-575
• 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.
• Precise geolocation data: means information derived from technology, including but not limited to global positioning system level latitude and longitude coordinates or other mechanisms, that directly identifies the specific location of a natural person with precision and accuracy within a radius of 1,750 feet. See Virginia Code 59.1-575
• Principal: means any person who, directly or indirectly, owns or controls (i) 10 percent or more of the outstanding stock of a stock corporation or (ii) a 10 percent or greater interest in a nonstock corporation or a limited liability company. See Virginia Code 6.2-1800
• Principal stockholder: means any person who individually or in concert with his spouse and immediate family members beneficially owns or controls, directly or indirectly, 15 percent or more of the equity ownership of a fantasy contest operator or who in concert with his spouse and immediate family members has the power to vote or cause the vote of 15 percent or more of the equity ownership of any such operator. See Virginia Code 59.1-556
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• processing: means any operation or set of operations performed, whether by manual or automated means, on personal data or on sets of personal data, such as the collection, use, storage, disclosure, analysis, deletion, or modification of personal data. See Virginia Code 59.1-575
• Processor: means a natural or legal entity that processes personal data on behalf of a controller. See Virginia Code 59.1-575
• Profiling: means any form of automated processing performed on personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable natural person's economic situation, health, personal preferences, interests, reliability, behavior, location, or movements. See Virginia Code 59.1-575
• Protected health information: means the same as the term is established by HIPAA. See Virginia Code 59.1-575
• Provider: means any person, entity, or organization, excluding an agency of the federal government by whatever name or designation, that delivers (i) services to individuals with mental illness, developmental disabilities, or substance abuse or (ii) residential services for persons with brain injury. See Virginia Code 37.2-403
• Provisional license: means a license issued to a provider previously issued a full license that has demonstrated a temporary inability to maintain compliance with licensing or human rights regulations or that has failed to comply with a previous corrective action plan, and that allows the provider to continue operating for a limited time while addressing the inability or failure to comply with regulations. See Virginia Code 37.2-403
• Pseudonymous data: means personal data that cannot be attributed to a specific natural person without the use of additional information, provided that such additional information is kept separately and is subject to appropriate technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person. See Virginia Code 59.1-575
• Public body: means any legislative, executive or judicial body, agency, office, department, authority, post, commission, committee, institution, board or political subdivision created by law to exercise some sovereign power or to perform some governmental duty, and empowered by law to undertake the activities described in this chapter. See Virginia Code 2.2-4301
• Publicly available information: means information that is lawfully made available through federal, state, or local government records, or information that a business has a reasonable basis to believe is lawfully made available to the general public through widely distributed media, by the consumer, or by a person to whom the consumer has disclosed the information, unless the consumer has restricted the information to a specific audience. See Virginia Code 59.1-575
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Registry: means a mortgage licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the licensing and registration of mortgage loan originators. See Virginia Code 6.2-1700
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Sale of personal data: means the exchange of personal data for monetary consideration by the controller to a third party. See Virginia Code 59.1-575
• Sensitive data: means a category of personal data that includes:

  1. See Virginia Code 59.1-575

• Services: means any work performed by an independent contractor wherein the service rendered does not consist primarily of acquisition of equipment or materials, or the rental of equipment, materials and supplies. See Virginia Code 2.2-4301
• 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.
• Subpoena: A command to a witness to appear and give testimony.
• Substance abuse: means the use of drugs, enumerated in the Virginia Drug Control Act (§ Virginia Code 37.2-100
• Summons: Another word for subpoena used by the criminal justice system.
• Targeted advertising: means displaying advertisements to a consumer where the advertisement is selected based on personal data obtained from that consumer's activities over time and across nonaffiliated websites or online applications to predict such consumer's preferences or interests. See Virginia Code 59.1-575
• Testate: To die leaving a will.
• Third party: means a natural or legal person, public authority, agency, or body other than the consumer, controller, processor, or an affiliate of the processor or the controller. See Virginia Code 59.1-575
• Training center: means a facility operated by the Department that provides training, habilitation, or other individually focused supports to persons with intellectual disability. See Virginia Code 37.2-100
• Trustmark: means a machine-readable official seal, authentication feature, certification, license, or logo that may be provided by an identity trust framework operator to certified identity providers within its identity trust framework or federation to signify that the identity provider complies with the written rules and policies of the identity trust framework or federation. See Virginia Code 59.1-550
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}