Virginia Code > Title 46.2 > Subtitle II – Titling, Registration and Licensure

		Sections
Chapter 3	Licensure of Drivers	46.2-300 – 46.2-506
Chapter 6	Titling and Registration of Motor Vehicles	46.2-600 – 46.2-769
Chapter 7	Highway Use Fee and Mileage-Based User Fee Program	46.2-770 – 46.2-774

Terms Used In Virginia Code > Title 46.2 > Subtitle II - Titling, Registration and Licensure

Abandoned: means either (i) the discontinuance of use of a mark with intent not to resume such use (intent not to resume may be inferred from circumstances, i. See Virginia Code 59.1-92.2
Accommodations: means any real property improvement provided by the travel club to its members for lodging purposes, including, without limitation, condominiums, hotels, motels or motor courts. See Virginia Code 59.1-445
Acquirer: means a business organization, financial institution or an agent of a business organization or financial institution that authorizes a merchant to accept payment by credit card or credit card number for money, goods, services or anything else of value. See Virginia Code 18.2-191
Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
Adjustment program: means any extended policy program under which a manufacturer undertakes to pay for all or any part of the cost of repairing, or to reimburse purchasers for all or any part of the cost of repairing, any condition that may substantially affect vehicle durability, reliability or performance, other than service provided under a safety or emission-related recall program. See Virginia Code 59.1-207.34
Administration: means the U. See Virginia Code 56-555.1
Advertisement: means a commercial message in any medium that aids, promotes, or assists, directly or indirectly, a lease-purchase agreement. See Virginia Code 59.1-207.18
Affected customer: means any customer of a natural gas utility receiving service at a premises served by eligible system expansion infrastructure. See Virginia Code 56-610
Affiliate: means any person that controls, is controlled by, or is under common control with an electric utility. See Virginia Code 56-576
agency: means any agency, institution, board, bureau, commission, council, public institution of higher education, or instrumentality of state government in the executive department listed in the appropriation act. See Virginia Code 2.2-2006
Aggregator: means a person that, as an agent or intermediary, (i) offers to purchase, or purchases, electric energy or (ii) offers to arrange for, or arranges for, the purchase of electric energy, for sale to, or on behalf of, two or more retail customers not controlled by or under common control with such person. See Virginia Code 56-576
Agreement: means a written or oral contract or agreement between a dealer and a wholesaler, manufacturer, or distributor by which the dealer is granted one or more of the following rights:
1. See Virginia Code 59.1-352.1
Agreement: means a commercial relationship, not required to be evidenced in writing, of definite or indefinite duration, between a supplier and a dealer pursuant to which the dealer has been authorized to distribute one or more of the supplier's heavy equipment products, and attachments and repair parts therefor, and in connection therewith to use a trade name, trademark, service mark, logo type, or advertising or other commercial symbol. See Virginia Code 59.1-353
Agreement: means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. See Virginia Code 59.1-480
Agricultural equipment: shall mean any self-propelled vehicle designed primarily for and used in the occupation or business of farming. See Virginia Code 59.1-207.7
Air brake: means any braking system operating fully or partially on the air brake principle. See Virginia Code 46.2-341.4
All-terrain vehicle: means a motor vehicle having three or more wheels that is powered by a motor and is manufactured for off-highway use. See Virginia Code 46.2-100
Allowed distribution revenue: means the average annual, weather-normalized, nongas commodity revenue per customer associated with the rates in effect as adopted in the applicable utility's last Commission-approved rate case or performance-based regulation plan, multiplied by the average number of customers served. See Virginia Code 56-600
Alternate operator services provider: means a telecommunications company, other than a local exchange company or interexchange company certificated by the State Corporation Commission or an affiliate or agent of such a company, which provides intrastate long distance operator assisted services where human or automated call intervention is necessary for obtaining billing information from the end-user. See Virginia Code 59.1-425
Alternative fuel vehicle: means a vehicle equipped to be powered by a combustible gas, liquid, or other source of energy that can be used to generate power to operate a highway vehicle and that is neither a motor fuel nor electricity used to recharge an electric motor vehicle or a hybrid electric motor vehicle. See Virginia Code 46.2-770
Amortization: Paying off a loan by regular installments.
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.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Antique motor vehicle: means every motor vehicle, as defined in this section, which was actually manufactured or designated by the manufacturer as a model manufactured in a calendar year not less than 25 years prior to January 1 of each calendar year and is owned solely as a collector's item. See Virginia Code 46.2-100
Antique trailer: means every trailer or semitrailer, as defined in this section, that was actually manufactured or designated by the manufacturer as a model manufactured in a calendar year not less than 25 years prior to January 1 of each calendar year and is owned solely as a collector's item. See Virginia Code 46.2-100
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Applicant: means any person filing an application for registration of a mark under this chapter, and the legal representatives, successors, or assigns of such person. See Virginia Code 59.1-92.2
Appropriating body: means the body responsible for appropriating or authorizing funding to pay for a qualifying project. See Virginia Code 56-575.1
Articles of incorporation: means all documents constituting, at any particular time, the charter of a corporation. See Virginia Code 13.1-603
Assertion of patent infringement: means (i) sending or delivering a demand letter to a target; (ii) threatening a target with litigation asserting, alleging, or claiming that the target has engaged in patent infringement; (iii) sending or delivering a demand letter to the customers of a target; or (iv) otherwise making claims or allegations, other than those made in litigation against a target, that a target has engaged in patent infringement or that a target should obtain a license to a patent in order to avoid litigation. See Virginia Code 59.1-215.1
Assistive device lessor: means a person or company that leases an assistive device to a consumer, or who holds the lessor's rights, under a written lease. See Virginia Code 59.1-470
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
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.
Autocycle: means a three-wheeled motor vehicle that has a steering wheel and seating that does not require the operator to straddle or sit astride and is manufactured to comply with federal safety requirements for motorcycles. See Virginia Code 46.2-100
Automated external defibrillator: means a device that combines a heart monitor and defibrillator and (i) has been approved by the U. See Virginia Code 59.1-296
Automatic renewal: means a plan or arrangement in which a paid subscription or purchasing agreement is automatically renewed at the end of a definite term for a subsequent term of more than one month. See Virginia Code 59.1-207.45
Automatic renewal offer terms: means the following clear and conspicuous disclosures:
1. See Virginia Code 59.1-207.45
Automobile repair facility: shall mean any person who for profit diagnoses or corrects malfunctions of, or damage to, a motor vehicle. See Virginia Code 59.1-207.2
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.
Ballistic knife: means any knife with a detachable blade that is propelled by a spring-operated mechanism. See Virginia Code 18.2-307.1
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.
Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
Bequest: Property gifted by will.
Bicycle: means a device propelled solely by human power, upon which a person may ride either on or astride a regular seat attached thereto, having two or more wheels in tandem, including children's bicycles, except a toy vehicle intended for use by young children. See Virginia Code 46.2-100
Bid: means any submission of a price, whether written or oral, for any goods, services or construction to be provided. See Virginia Code 59.1-68.6
bid: means a written offer or proposal by an exhibitor to a distributor in response to an invitation to bid for the right to exhibit a motion picture, stating the terms under which the exhibitor will agree to exhibit a motion picture;
8. See Virginia Code 59.1-257
Bingo: means a specific game of chance played with (i) individual cards having randomly numbered squares ranging from one to 75, (ii) Department-approved electronic devices that display facsimiles of bingo cards and are used for the purpose of marking and monitoring players' cards as numbers are called, or (iii) Department-approved cards, in which prizes are awarded on the basis of designated numbers on such cards conforming to a predetermined pattern of numbers selected at random. See Virginia Code 18.2-340.16
blind bidding: means the bidding for, negotiating for, or offering or agreeing to terms for the licensing or exhibition of a motion picture at any time before such motion picture has either been trade screened within the Commonwealth or the District of Columbia or Prince Georges and Montgomery Counties, Maryland, or before such motion picture, at the option of the distributor, otherwise has been made available for viewing within the Commonwealth, or the District of Columbia or Prince Georges and Montgomery Counties, Maryland, by all exhibitors from whom the distributor is soliciting bids or with whom the distributor is negotiating for the right to exhibit such motion picture; and
11. See Virginia Code 59.1-257
Board: means the Board of Agriculture and Consumer Services. See Virginia Code 57-48
Board: means the Virginia Board of Agriculture and Consumer Services. See Virginia Code 59.1-435
Board: means the Virginia Board of Agriculture and Consumer Services. See Virginia Code 59.1-445
Board: means the Commonwealth Transportation Board. See Virginia Code 56-536
Bona fide member: means an individual who participates in activities of a qualified organization other than such organization's charitable gaming activities. See Virginia Code 18.2-340.16
Business day: means any day except a Sunday or a legal holiday. See Virginia Code 59.1-296
Business opportunity: means the sale of any products, equipment, supplies or services which are sold to an individual for the purpose of enabling such individual to start a business to be operated out of his residence, but does not include a business opportunity which is subject to the Business Opportunity Sales Act, Chapter 21 (§ 59. See Virginia Code 59.1-198
Business park: means a land development containing a minimum of 100 contiguous acres classified as a Tier 4 site under the Virginia Economic Development Partnership's Business Ready Sites Program that is developed and constructed by a locality, an industrial development authority, or a similar political subdivision of the Commonwealth created pursuant to § 15. See Virginia Code 56-576
Buyer: means a natural person who enters into a health club contract. See Virginia Code 59.1-296
Capital investment: means an investment by or on behalf of a qualified company on or after November 1, 2018, in real property, tangible personal property, or both, at a facility that is properly chargeable to a capital account or would be so chargeable with a proper election. See Virginia Code 59.1-284.31
Capital investment: means an expenditure, or an asset transfer from a different qualified company site outside of the eligible city to a facility within an eligible city, by or on behalf of the qualified company on or after April 1, 2018, in real property, tangible personal property, or both, at a facility within an eligible city that has been capitalized or is subject to being capitalized. See Virginia Code 59.1-284.32
Capital investment: means an expenditure by or on behalf of a qualified company on or after January 1, 2020, in real property, tangible personal property, or both, at a facility located in an eligible county that is properly chargeable to a capital account or would be so chargeable with a proper election. See Virginia Code 59.1-284.38
Capital investment: means an expenditure within an eligible locality, by or on behalf of a qualified company on or after January 1, 2021, in real property, tangible personal property, or both, at one of the facilities within an eligible locality that has been capitalized or is subject to being capitalized. See Virginia Code 59.1-284.39
Capital investment: means an investment by or on behalf of a qualified company on or after January 1, 2023, but prior to July 1, 2040, in real property, tangible personal property, or both, at a facility that is properly chargeable to a capital account or would be so chargeable with a proper election. See Virginia Code 59.1-284.42
Cardholder: means the person or organization named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer. See Virginia Code 18.2-191
Carrier: means any person engaged in the business of transporting persons for hire. See Virginia Code 59.1-445
Cash price: means the price at which the lessor would have sold the property to the consumer for cash on the date of the lease-purchase agreement. See Virginia Code 59.1-207.18
Certificate: means the certificate of authority awarded pursuant to this chapter which allows operation of a roadway. See Virginia Code 56-536
charitable games: means those raffles, Texas Hold'em poker tournaments, and games of chance explicitly authorized by this article. See Virginia Code 18.2-340.16
charitable gaming: includes electronic gaming authorized by this article. See Virginia Code 18.2-340.16
Charitable gaming supplies: includes bingo cards or sheets, devices for selecting bingo numbers, instant bingo cards, pull-tab cards and seal cards, playing cards for Texas Hold'em poker, poker chips, and any other equipment or product manufactured for or intended to be used in the conduct of charitable games. See Virginia Code 18.2-340.16
Charitable organization: means any person that is or holds itself out to be organized or operated for any charitable purpose, or any person that solicits or obtains contributions solicited from the public. See Virginia Code 57-48
Charitable purpose: means any charitable, benevolent, humane, philanthropic, patriotic, or eleemosynary purpose and the purposes of influencing legislation or influencing the actions of any public official or instigating, prosecuting, or intervening in litigation. See Virginia Code 57-48
Charitable sales promotion: means advertised sales that feature the names of both the commercial co-venturer and the charitable or civic organization and that state that the purchase or use of the goods, services, entertainment, or any other thing of value that the commercial co-venturer normally sells will benefit the charitable or civic organization or its purposes. See Virginia Code 57-48
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.
Child-resistant packaging: means packaging that is designed or constructed to meet the child-resistant effectiveness standards set forth in 16 C. See Virginia Code 59.1-293.10
Civic organization: means any local service club, veterans post, fraternal society or association, volunteer fire or rescue group, or local civic league or association of 10 or more persons not organized for profit but operated exclusively for educational or charitable purposes as defined in this section, including the promotion of community welfare, and the net earnings of which are devoted exclusively to charitable, educational, recreational, or social welfare purposes. See Virginia Code 57-48
Civil disorder: means any public disturbance within the United States or any territorial possessions thereof involving acts of violence by assemblages of three or more persons, which causes an immediate danger of or results in damage or injury to the property or person of any other individual. See Virginia Code 18.2-433.1
clinic: means an individual, partnership or corporation, institution of higher education, or government entity licensed by the Department as prescribed by this chapter for the purpose of instructing persons identified by the Department and the court system as problem drivers; in need of driver improvement education and training; and for drivers interested in improving their own knowledge of highway safety. See Virginia Code 46.2-490.3
Collateral charges: means any sales-related or lease-related charges including but not limited to sales tax, license fees, registration fees, title fees, finance charges and interest, transportation charges, dealer preparation charges or any other charges for service contracts, undercoating, rust proofing or installed options, not recoverable from a third party. See Virginia Code 59.1-207.11
Collision damage waiver: means any contract or contractual provision, whether separate from or a part of a motor vehicle rental agreement, whereby the lessor agrees, for a charge, to waive any and all claims against the lessee for any damages to the rental motor vehicle during the term of the rental agreement. See Virginia Code 59.1-207.30
Combined heat and power: means a method of using waste heat from electrical generation to offset traditional processes, space heating, air conditioning, or refrigeration. See Virginia Code 56-576
Commercial co-venturer: means any person who (i) is organized for profit, (ii) is regularly and primarily engaged in trade or commerce, other than in connection with soliciting for charitable or civic organizations or charitable purposes, and (iii) conducts an advertised charitable sales promotion for a specified limited period of time. See Virginia Code 57-48
Commercial motor vehicle: means , except for those vehicles specifically excluded in this definition, every motor vehicle, vehicle or combination of vehicles used to transport passengers or property which either: (i) has a gross vehicle weight rating of 26,001 or more pounds; (ii) has a gross combination weight rating of 26,001 or more pounds inclusive of a towed vehicle with a gross vehicle weight rating of more than 10,000 pounds; (iii) is designed to transport 16 or more passengers including the driver; or (iv) is of any size and is used in the transportation of hazardous materials as defined in this section. See Virginia Code 46.2-341.4
Commercial Motor Vehicle Safety Act: means the federal Commercial Motor Vehicle Safety Act of 1986, Title XII of P. See Virginia Code 46.2-341.4
Commission: means the State Corporation Commission. See Virginia Code 56-603
Commission: means the State Corporation Commission. See Virginia Code 59.1-69
Commission: means the State Corporation Commission. See Virginia Code 59.1-92.2
Commission: means the "State Corporation Commission. See Virginia Code 56-531
Commission: means the State Corporation Commission. See Virginia Code 56-536
Commission: means the State Corporation Commission. See Virginia Code 56-575.1
Commission: means the State Corporation Commission of Virginia. See Virginia Code 13.1-603
Commission: means the State Corporation Commission. See Virginia Code 56-576
Commission: means the State Corporation Commission. See Virginia Code 56-1
Commissioner: means the Commissioner of Agriculture and Consumer Services or a member of his staff to whom he may delegate his duties under this chapter. See Virginia Code 57-48
Commissioner: means the Commissioner of Agriculture and Consumer Services or his designee. See Virginia Code 59.1-434.1
Commissioner: means the Commissioner of the Department of Agriculture and Consumer Services or his designee. See Virginia Code 59.1-435
Commissioner: means the Commissioner of the Department of Agriculture and Consumer Services or his designee. See Virginia Code 59.1-445
Commissioner: means the Commissioner of the Department of Agriculture and Consumer Services. See Virginia Code 18.2-340.16
Commissioner: means the Commissioner of Agriculture and Consumer Services or his designated representative. See Virginia Code 59.1-149
Commissioner: means the Commissioner of Agriculture and Consumer Services, or a member of his staff to whom he may delegate his duties under this chapter. See Virginia Code 59.1-296
Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
Commodity: includes any kind of real or personal property. See Virginia Code 59.1-9.3
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.
Community in which a majority of the population are people of color: means a U. See Virginia Code 56-576
company: includes all corporations created by acts of the General Assembly of Virginia, or under the general incorporation laws of this Commonwealth, or doing business therein, and shall exclude all municipal corporations, other political subdivisions, and public institutions owned or controlled by the Commonwealth. See Virginia Code 56-1
Comparable alternate facility: means a health club facility that is reasonably of like kind, in nature and quality, to the health club facility originally contracted, whether such facility is in the same location but owned or operated by a different health club or is at another location of the same health club. See Virginia Code 59.1-296
Comparable motor vehicle: means a motor vehicle that is identical or reasonably equivalent to the motor vehicle to be replaced, as the motor vehicle to be replaced existed at the time of purchase or lease with an offset from this value for a reasonable allowance for its use. See Virginia Code 59.1-207.11
comparison price: means the direct or indirect comparison in any advertisement whether or not expressed wholly or in part in dollars, cents, fractions, or percentages, and whether or not such price is actually stated in the advertisement. See Virginia Code 59.1-207.40
Complaining witness: means the person alleged to have been subjected to rape, forcible sodomy, inanimate or animate object sexual penetration, marital sexual assault, aggravated sexual battery, or sexual battery. See Virginia Code 18.2-67.10
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Comprehensive agreement: means the comprehensive agreement between the private entity and the responsible public entity required by § 56-575. See Virginia Code 56-575.1
Computer program: means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result. See Virginia Code 59.1-480
Conduct: means the actions associated with the provision of a gaming operation during and immediately before or after the permitted activity, which may include (i) selling bingo cards or packs, electronic devices, instant bingo or pull-tab cards, or raffle tickets, (ii) calling bingo games, (iii) distributing prizes, and (iv) any other services provided by volunteer workers. See Virginia Code 18.2-340.16
Conservation and ratemaking efficiency plan: means a plan filed by a natural gas utility pursuant to this chapter that includes a decoupling mechanism. See Virginia Code 56-600
Consumer: means :
1. See Virginia Code 59.1-470
Consumer: means the purchaser, other than for purposes of resale, or the lessee, of a motor vehicle used in substantial part for personal, family, or household purposes, and any person to whom such motor vehicle is transferred for the same purposes during the duration of any warranty applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty. See Virginia Code 59.1-207.11
Consumer: means a natural person who rents personal property under a lease-purchase agreement to be used primarily for personal, family or household purposes. See Virginia Code 59.1-207.18
Consumer: means the purchaser, other than for purposes of resale, or the lessee of a motor vehicle and shall also include any person to whom such motor vehicle is transferred and any other person entitled by the terms of adjustment program to enforce its obligations. See Virginia Code 59.1-207.34
Consumer: means any individual who seeks or acquires, by purchase or lease, any goods, services, money, or credit for personal, family, or household purposes. See Virginia Code 59.1-207.45
Consumer product: means tangible personal property primarily used for personal, family, or household purposes. See Virginia Code 59.1-435
Consumer transaction: means :
1. See Virginia Code 59.1-198
Consummation: means the time a consumer becomes contractually obligated on a lease-purchase agreement. See Virginia Code 59.1-207.18
Continuance: Putting off of a hearing ot trial until a later time.
Continuous service: means a plan or arrangement in which a subscription or purchasing agreement continues until the consumer cancels the service. See Virginia Code 59.1-207.45
contract: means a written contract or agreement for a specific duration in return for the payment of a segregated charge by the purchaser to perform the repair or replacement of any consumer product, including a motor vehicle, or indemnification for repair or replacement, for the operational or structural failure of any consumer product, including a motor vehicle, due to a defect in materials, workmanship, inherent defect, or normal wear and tear, with or without additional provisions for incidental payment of indemnity under limited circumstances, including, but not limited to, towing, rental, and emergency road service and road hazard protection. See Virginia Code 59.1-435
Contract: means the total legal obligation resulting from the parties' agreement as affected by this chapter and other applicable law. See Virginia Code 59.1-480
Contract for invention development services: means a contract by which an invention developer undertakes invention development services for a customer. See Virginia Code 59.1-208
Contract price: means the sum of the initiation fee, if any, and all monthly fees except interest required by the health club contract. See Virginia Code 59.1-296
Contribution: means any gift, bequest, devise, or other grant of any money, credit, financial assistance, or property of any kind or value, including the promise to contribute, except payments by the membership of an organization for membership fees, dues, fines, or assessments, or for services rendered to individual members, and except money, credit, financial assistance, or property received from any governmental authority. See Virginia Code 57-48
Conviction: means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction, an unvacated forfeiture of bond, bail, or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court costs in lieu of trial, a violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated, or, for the purposes of alcohol or drug-related offenses involving the operation of a motor vehicle, a civil or an administrative determination of a violation. See Virginia Code 46.2-341.4
Cooperative: means a utility formed under or subject to Chapter 9. See Virginia Code 56-576
Corporate action: means any action taken by or on behalf of the corporation, including any action taken by the incorporator, the board of directors, a committee, an officer or agent of the corporation, or the shareholders. See Virginia Code 13.1-614.1
Cost-effective conservation and energy efficiency program: means a program approved by the Commission that is designed to decrease the average customer's annual, weather-normalized consumption of energy, for gas and nongas elements combined, or avoid energy costs or consumption the customer may otherwise have incurred, and is determined by the Commission to be cost-effective if the net present value of the benefits exceeds the net present value of the costs at the portfolio level as determined by not less than any three of the following four tests: the Total Resource Cost Test, the Program Administrator Test (also referred to as the Utility Cost Test), the Participant Test, and the Ratepayer Impact Measure Test. See Virginia Code 56-600
counterfeit controlled substance: means a controlled substance that, without authorization, bears, is packaged in a container or wrapper that bears, or is otherwise labeled to bear, the trademark, trade name, or other identifying mark, imprint or device or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the manufacturer, processor, packer, or distributor who did in fact so manufacture, process, pack or distribute such drug. See Virginia Code 18.2-247
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 entity: means a provider in the Commonwealth of an electric service not subject to competition but does not include default service providers. See Virginia Code 56-576
Covered equipment: means any mechanical equipment or hoisting equipment, any part of which is capable of vertical, lateral or swinging motion that could cause the equipment to be operated within ten feet of an overhead high voltage line, including but not limited to cranes, derricks, power shovels, drilling rigs, excavating equipment, hay loaders, hay stackers, combines, grain augers and mechanical cotton pickers. See Virginia Code 59.1-407
Covered transaction: means an acquisition, merger, or consolidation of, or other transaction involving stock, securities, voting interests or assets by which one or more persons obtains control of a covered entity. See Virginia Code 56-576
Credit card: means any instrument or device, whether known as a credit card, credit plate, payment device number, or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value on credit. See Virginia Code 18.2-191
Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
Cure offer: means a written offer of one or more things of value, including but not limited to the payment of money, that is made by a supplier and that is delivered to a person claiming to have suffered a loss as a result of a consumer transaction or to the attorney for such person. See Virginia Code 59.1-198
Current net price: means the price listed in the supplier's price list or catalog in effect at the time the agreement is terminated, less any applicable discounts allowed. See Virginia Code 59.1-352.1
Curtailment: means inducing retail customers to reduce load during times of peak demand so as to ease the burden on the electrical grid. See Virginia Code 56-576
Customer: means any person, firm, partnership, corporation, or other entity that enters into a contract for invention development services with an invention developer. See Virginia Code 59.1-208
Customer choice: means the opportunity for a retail customer in the Commonwealth to purchase electric energy from any supplier licensed and seeking to sell electric energy to that customer. See Virginia Code 56-576
Date of the defective corporate action: means the date, or the approximate date if the exact date is unknown, the defective corporate action was purported to have been taken. See Virginia Code 13.1-614.1
Dealer: means a person engaged in the business of selling at retail farm, construction, utility or industrial equipment, implements, machinery, attachments, outdoor power equipment, or repair parts. See Virginia Code 59.1-352.1
Dealer: means a person in Virginia (i) engaged in the business of selling or leasing heavy equipment at retail, (ii) who customarily maintains a total inventory, valued at over $250,000, of new heavy equipment and attachments and repair parts therefor, and (iii) who provides repair services for the heavy equipment sold. See Virginia Code 59.1-353
Dealer: means any person who purchases motor fuel for sale to the general public for ultimate consumption. See Virginia Code 59.1-21.10
Dealer: means any motor vehicle dealer as defined in § 46. See Virginia Code 59.1-207.34
Decoupling mechanism: means a rate, tariff design or mechanism that decouples the recovery of a utility's allowed distribution revenue from the level of consumption of natural gas by its customers, including (i) a mechanism that adjusts actual nongas distribution revenues per customer to allowed distribution revenues per customer, such as a sales adjustment clause, (ii) rate design changes that substantially align the percentage of fixed charge revenue recovery with the percentage of the utility's fixed costs, such as straight fixed variable rates, provided such mechanism includes a substantial demand component based on a customer's peak usage, or (iii) a combination of clauses (i) and (ii) that substantially decreases the relative amount of nongas distribution revenue affected by changes in per customer consumption of gas. See Virginia Code 56-600
Defective corporate action: means (i) any corporate action purportedly taken that is, and at the time such corporate action was purportedly taken would have been, within the power of the corporation, but is void or voidable due to a failure of authorization, or (ii) an over-issuance of shares. See Virginia Code 13.1-614.1
Defective drywall: means drywall, or similar building material composed of dried gypsum-based plaster, that (i) as a result of containing the same or greater levels of strontium sulfide that has been found in drywall manufactured in the People's Republic of China and imported into the United States between 2004 and 2007 is capable, when exposed to heat, humidity, or both, of releasing sulfur dioxide, hydrogen sulfide, carbon disulfide, or other sulfur compounds into the air or (ii) has been designated by the U. See Virginia Code 59.1-198
Demand letter: means a letter, email, or other communication asserting, alleging, or claiming that the target has engaged in patent infringement, or that a target should obtain a license to a patent in order to avoid litigation, or any similar assertion. See Virginia Code 59.1-215.1
Demand response: means measures aimed at shifting time of use of electricity from peak-use periods to times of lower demand by inducing retail customers to curtail electricity usage during periods of congestion and higher prices in the electrical grid. See Virginia Code 56-576
Department: means the Department of Agriculture and Consumer Services. See Virginia Code 57-48
Department: means the Department of State Police. See Virginia Code 18.2-265.6
Department: means the Department of Agriculture and Consumer Services. See Virginia Code 18.2-340.16
Department: means the Virginia Department of Transportation. See Virginia Code 56-536
Designated family member: means the adult spouse, adult child or stepchild, or adult brother or sister of the dealer who is designated in the franchise agreement as the successor to the dealer's interest under the agreement and who shall become the dealer upon the completion of the succession. See Virginia Code 59.1-21.10
development: means to plan, design, develop, finance, lease, acquire, install, construct, or expand. See Virginia Code 56-575.1
device: means any new device, including a demonstrator, that a consumer purchases or accepts transfer of in this Commonwealth which is used for a major life activity or any other assistive device that enables a person with a disability to communicate, see, hear, or maneuver. See Virginia Code 59.1-470
Devise: To gift property by will.
Dextromethorphan: means the dextrorotatory isomer of 3-methoxy-N-methylmorphinan and its salts. See Virginia Code 18.2-265.19
Disqualification: means a prohibition against driving, operating, or being in physical control of a commercial motor vehicle for a specified period of time, imposed by a court or a magistrate, or by an authorized administrative or law-enforcement official or body. See Virginia Code 46.2-341.4
Distribution facilities: includes poles and wires, or cables, or pipelines or other underground conduits by which a renewable generator is able to (i) supply electricity generated at its renewable energy facility to the electric distribution grid, (ii) distribute steam generated at its renewable energy facility to customers, or (iii) supply landfill gas it collects to customers or a natural gas distribution or transmission pipeline. See Virginia Code 56-614
Distributor: shall mean any distributor, wholesaler, jobber, consignee or commission agent who purchases or otherwise acquires possession of or an interest in petroleum products under a contract of supply in the Commonwealth from a supplier for redistribution or wholesale sale;
4. See Virginia Code 59.1-21.18:2
distributor: means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale or licensing;
4. See Virginia Code 59.1-257
Distributor: means a person owning, controlling, or operating a retail distribution system to provide electric energy directly to retail customers. See Virginia Code 56-576
Division: means the Division of Consumer Counsel in the Department of Law. See Virginia Code 59.1-429
Division: means the Division of Consumer Counsel in the Department of Law. See Virginia Code 59.1-207.34
Docket: A log containing brief entries of court proceedings.
Document: means (i) any tangible medium on which information is inscribed, and includes handwritten, typed, printed, or similar instruments and copies of such instruments, or (ii) an electronic record. See Virginia Code 13.1-603
Domicile: means a person's true, fixed, and permanent home and principal residence, to which he intends to return whenever he is absent. See Virginia Code 46.2-341.4
Donor: The person who makes a gift.
drug paraphernalia: means all equipment, products, and materials of any kind which are either designed for use or which are intended by the person charged with violating § 18. See Virginia Code 18.2-265.1
Electric motor vehicle: means a vehicle that uses electricity as its only source of motive power. See Virginia Code 46.2-770
Electric utility: means any person that generates, transmits, or distributes electric energy for use by retail customers in the Commonwealth, including any investor-owned electric utility, cooperative electric utility, or electric utility owned or operated by a municipality. See Virginia Code 56-576
Electric utility: means any investor-owned public utility that provides electric energy for use by retail customers, except investor-owned utilities subject to the provisions of § 56-585. See Virginia Code 56-597
Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Virginia Code 59.1-480
Electronic communication device: means (i) any type of instrument, device, machine, equipment or software that is capable of transmitting, acquiring, encrypting, decrypting or receiving any signs, signals, writings, images and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems or (ii) any part, accessory or component of such an instrument, device, machine, equipment or software, including, but not limited to, any computer circuit, computer chip, security module, smart card, electronic mechanism, or other component, accessory or part, that is capable of facilitating the transmission, acquisition, encryption, decryption or reception of signs, signals, writings, images, and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems. See Virginia Code 18.2-190.1
Electronic communication service: means any service provided for a charge or compensation to facilitate the lawful origination, transmission, emission or reception of signs, signals, writings, images and sounds or intelligence of any nature through the use of an electronic communication device as that term is defined in this section. See Virginia Code 18.2-190.1
Electronic communication service provider: means any person or entity providing any electronic communication service including (i) any person or entity owning or operating any cable television, satellite, Internet-based, telephone, wireless, microwave, fiber optic, data transmission or radio distribution network, system or facility; (ii) any person or entity that for a fee supplies equipment or services to an electronic communication service provider; and (iii) any person or entity providing an electronic communication service directly or indirectly using any of the systems, networks, or facilities described in clause (i). See Virginia Code 18.2-190.1
electronic games: means any instant bingo, pull tabs, or seal card gaming that is conducted primarily by use of an electronic device. See Virginia Code 18.2-340.16
Electronic gaming adjusted gross receipts: means the gross receipts derived from electronic gaming less the total amount in prize money paid out to players. See Virginia Code 18.2-340.16
Electronic gaming manufacturer: means a manufacturer of electronic devices used to conduct electronic gaming. See Virginia Code 18.2-340.16
Electronic record: means a record created, generated, sent, communicated, received, or stored by electronic means. See Virginia Code 59.1-480
Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Virginia Code 59.1-480
electronic system: means a real-time electronic recordkeeping and monitoring system for the sale of ephedrine or related compounds. See Virginia Code 18.2-265.6
Eligible city: means the City of Manassas. See Virginia Code 59.1-284.32
Eligible county: means Arlington County. See Virginia Code 59.1-284.31
Eligible county: means Fairfax County. See Virginia Code 59.1-284.38
Eligible expansion investment: means that portion of the total capital investment made by a natural gas utility in constructing eligible system expansion infrastructure that is in excess of those costs that would be considered economic under a natural gas utility's economic test, net of any contributions in aid of construction, up to the maximum level of investment per affected customer specified in a system expansion plan. See Virginia Code 56-610
Eligible infrastructure: means storage, compressed natural gas, liquefied natural gas, transmission and distribution facilities to be used in the delivery of natural gas, or supplemental or substitute forms of gas sources by a natural gas utility. See Virginia Code 56-605
Eligible infrastructure replacement: includes natural gas utility facility replacement projects that are identified as a result of an enhanced leak detection and repair program. See Virginia Code 56-603
Eligible infrastructure replacement costs: includes the following:
1. See Virginia Code 56-603
Eligible locality: means the City of Norfolk or the County of Arlington. See Virginia Code 59.1-284.39
Eligible system expansion infrastructure: means natural gas main pipelines and associated facilities, including service lines, meters, and other pertinent facilities, that are constructed and operated by a natural gas utility to deliver natural gas service to affected customers located in an unserved area. See Virginia Code 56-610
Eligible system expansion infrastructure costs: includes :
1. See Virginia Code 56-610
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 a payroll employee or person employed under lease or contract, or a person who has applied for employment and whose employment is contingent upon obtaining a commercial driver's license. See Virginia Code 46.2-341.4
Employer: means a person who owns or leases commercial motor vehicles and assigns employees to drive such vehicles. See Virginia Code 46.2-341.4
Endorsement: means an authorization to an individual's commercial driver's license or commercial learner's permit required to permit the individual to operate certain types of commercial motor vehicles. See Virginia Code 46.2-341.4
Energy efficiency program: means a program that reduces the total amount of electricity that is required for the same process or activity implemented after the expiration of capped rates. See Virginia Code 56-576
Enhanced leak detection and repair program: means a program that is designed to allow a natural gas utility to deploy advanced leak detection technologies to more accurately identify active leaks as part of the natural gas utility's leak management program and to prioritize the repair of leaks that present a risk to safety or the environment. See Virginia Code 56-603
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.
Entry-level driver: means an individual who (i) must complete the commercial driver's license skills test requirements under FMCSA regulations prior to receiving a commercial driver's license for the first time, (ii) is upgrading to a Class A or Class B commercial driver's license for the first time, or (iii) is obtaining a hazardous materials, passenger, or school bus endorsement for the first time. See Virginia Code 46.2-341.4
Entry-level driver training: means training an entry-level driver receives from an entity listed on the FMCSA's Training Provider Registry, as provided for in 49 C. See Virginia Code 46.2-341.4
Ephedrine or related compounds: means ephedrine and pseudoephedrine base or their salts, isomers, or salts of isomers. See Virginia Code 18.2-265.6
Equipment or materials used to manufacture an unlawful electronic communication device: means (i) a scanner capable of intercepting the electronic serial number or mobile identification number of a cellular or other wireless telephone; (ii) electronic software or hardware capable of altering or changing the factory-installed electronic serial number of a cellular or other wireless telephone or a computer containing such software; (iii) a list of cellular or other wireless telephone electronic serial numbers with their associated mobile identification numbers; or (iv) a part, accessory or component of an unlawful electronic communications device possessed or used in the manufacture of such device including any electronic serial number, computer software, mobile identification number, service access card, account number, or personal identification number used to acquire, receive, use, decrypt or transmit an electronic communication service without the actual consent or knowledge of the electronic communication service provider. See Virginia Code 18.2-190.1
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}
Event: means any professional concert, live entertainment event, professional sporting or athletic event, or professional theatrical production open to the public for which tickets are ordinarily sold. See Virginia Code 59.1-466.5
exhibition: means showing a motion picture to the public for a charge;
6. See Virginia Code 59.1-257
exhibitor: means any person engaged in the business of operating one or more theaters;
5. See Virginia Code 59.1-257
Explosive or incendiary device: means (i) dynamite and all other forms of high explosives, (ii) any explosive bomb, grenade, missile, or similar device, or (iii) any incendiary bomb or grenade, fire bomb, or similar device, including any device which consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound, and can be carried or thrown by one individual acting alone. See Virginia Code 18.2-433.1
Explosives: means any chemical compound, mechanical mixture or device the primary or common purpose of which is to function by explosion. See Virginia Code 59.1-137
Facilities: means the buildings, group of buildings, or campus, including any related furniture, fixtures, equipment, and business personal property, in an eligible locality that is owned, leased, licensed, occupied, or otherwise operated by or on behalf of a qualified company for use as a headquarters facility, a customer care center, or a research and development innovation center in the furtherance of its shipping and logistics business. See Virginia Code 59.1-284.39
Facility: means the building, group of buildings, or corporate campus located in the eligible county, including any related machinery, furniture, fixtures, and equipment, that is owned, leased, licensed, occupied, or otherwise operated by a qualified company as a major headquarters facility for use in the administration, management, and operation of its business. See Virginia Code 59.1-284.31
Facility: means the building, group of buildings, or manufacturing, distribution, and research and development campus, including any related machinery and tools, furniture, fixtures, and equipment, in an eligible city that is owned, leased, licensed, occupied, or otherwise operated by the qualified company for use in the manufacture of, or research and development for, semiconductors and other electronic devices. See Virginia Code 59.1-284.32
Facility: means the building, group of buildings, or corporate campus, including any related machinery and tools, furniture, fixtures, and business personal property, located in an eligible county, that is owned, leased, licensed, occupied, or otherwise operated by a qualified company for use in the administration, management, and operation of its business, including software development and technology research and development. See Virginia Code 59.1-284.38
Facility: means the one or more buildings, group of buildings, and ancillary facilities and equipment that are located in a locality or localities identified in a memorandum of understanding and that are owned, occupied, or otherwise operated by or for the qualified company for data center and cloud computing cluster operations. See Virginia Code 59.1-284.42
Facility: means a location where health club services are offered as designated in a health club contract. See Virginia Code 59.1-296
Failure of authorization: means the failure to authorize, approve, or otherwise effect a corporate action in compliance with the provisions of this chapter, the articles of incorporation or bylaws, a corporate resolution, or any plan or agreement to which the corporation is a party, if and to the extent such failure would render such corporate action voidable. See Virginia Code 13.1-614.1
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}
Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. ^{Source: OCC}
Fair market rental value: means the rent that a rental property will bring when offered for lease by a lessor who desires to lease the property but is not obligated to do so and leased by a lessee under no necessity of leasing. See Virginia Code 18.2-340.16
Family member: means a spouse, brother, sister, parent, grandparent, child, grandchild, mother-in-law, father-in-law, daughter-in-law, son-in-law, stepparent, or stepchild, or a lineal descendant of the dealer or principal owner of the dealership. See Virginia Code 59.1-352.1
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
Federal Act: means the federal Natural Gas Pipeline Safety Act of 1968, P. See Virginia Code 56-555.1
Federated fund-raising organization: means any federation of independent charitable organizations that have voluntarily joined together, including but not limited to a United Fund or Community Chest, for purposes of raising and distributing money for and among themselves and where membership does not confer operating authority and control of the individual agencies upon the federated group organization. See Virginia Code 57-48
Firearm: means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material; or the frame or receiver of any such weapon. See Virginia Code 18.2-433.1
Fixed costs: means any and all of the utility's nongas costs of service, together with an authorized return thereon, that are not associated with the cost of the natural gas commodity flowing through and measured by the customer's meter. See Virginia Code 56-600
FMCSA: means the Federal Motor Carrier Safety Administration of the U. See Virginia Code 46.2-341.4
Force majeure: means an act of God or any other cause not reasonably within the control of the supplier. See Virginia Code 59.1-21.18:2
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}
Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
franchise agreement: means any agreement, express or implied, between a refiner and a dealer under which a refiner authorizes or permits a dealer to use, in connection with the sale, consignment, or distribution of motor fuel, a trademark which is owned or controlled by such refiner. See Virginia Code 59.1-21.10
Franchise fee: means any fee or charge that a dealer is required to pay or agrees to pay for the right to enter into a franchise agreement or to become a dealer at the premises to which the franchise agreement relates. See Virginia Code 59.1-21.10
Franchisor: means a refiner who authorizes or permits, under a franchise, a dealer to use a trademark in connection with the sale, consignment, or distribution of motor fuel. See Virginia Code 59.1-21.10
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}
Fuel-efficient vehicle: means a vehicle that has a combined fuel economy of 25 miles per gallon or greater. See Virginia Code 46.2-770
Full air brake: means any braking system operating fully on the air brake principle. See Virginia Code 46.2-341.4
Fund: means the Major Headquarters Workforce Grant Fund. See Virginia Code 59.1-284.31
Fund: means the Semiconductor Manufacturing Grant Fund. See Virginia Code 59.1-284.32
Fund: means the Technology Development Grant Fund. See Virginia Code 59.1-284.38
Fund: means the Shipping and Logistics Headquarters Grant Fund. See Virginia Code 59.1-284.39
Fund: means the Cloud Computing Cluster Infrastructure Grant Fund. See Virginia Code 59.1-284.42
Fund-raising expenses: means the expenses of all activities that constitute or are an integral and inseparable part of a solicitation. See Virginia Code 57-48
Gaming expenses: means prizes, supplies, costs of publicizing gaming activities, audit and administration or permit fees, and a portion of the rent, utilities, accounting and legal fees, and such other reasonable and proper expenses as are directly incurred for the conduct of charitable gaming. See Virginia Code 18.2-340.16
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
Gas: means natural gas, flammable gas, or toxic or corrosive gas. See Virginia Code 56-555.1
Gas pipeline facility: includes a pipeline, a right of way, a facility, a building, or equipment used in transporting gas or treating gas during its transportation. See Virginia Code 56-555.1
Gasoline: shall be construed to include naphtha, benzine and other like liquids and fluids derived from petroleum or other sources and used, or intended to be used, for power purposes, except kerosene. See Virginia Code 59.1-149
Generator: means a person owning, controlling, or operating a facility that produces electric energy for sale. See Virginia Code 56-576
Germane: On the subject of the pending bill or other business; a strict standard of relevance.
Good cause: means failure by a dealer to comply with requirements imposed upon the dealer by the agreement if the requirements are not different from those imposed on other dealers similarly situated in this Commonwealth. See Virginia Code 59.1-352.1
goods: means tangible personal property and also includes a merchandise certificate whereby a writing is issued by the seller which is not redeemable in cash and is usable in lieu of cash in exchange for goods or services; "seller" means seller or lessor and "buyer" means buyer or lessee. See Virginia Code 59.1-21.2
Goods: means all real, personal or mixed property, tangible or intangible. See Virginia Code 59.1-198
Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Grant: means a grant from the Fund awarded to a qualified company in an amount of $22,000 per new full-time job for the first 25,000 new full-time jobs, for a maximum aggregate amount of $550 million, and $15,564 per new full-time job for up to 12,850 additional new full-time jobs, for an additional maximum aggregate amount of $200 million, as calculated in accordance with the memorandum of understanding. See Virginia Code 59.1-284.31
Grant: means a grant from the Fund awarded to a qualified company in an aggregate amount of up to $70,000,000. See Virginia Code 59.1-284.32
Grant: means a grant from the Fund awarded to a qualified company in an aggregate amount of up to $9,042,875. See Virginia Code 59.1-284.39
Grant: means a grant from the Fund awarded to a qualified company that is intended to pay or reimburse the qualified company for (i) infrastructure costs related to the construction and support of facilities and (ii) costs for workforce development, recruiting, and training. See Virginia Code 59.1-284.42
Grants: means grants from the Fund awarded to a qualified company in an aggregate amount not to exceed $22. See Virginia Code 59.1-284.38
Gross combination weight rating: means the value specified by the manufacturers of an articulated vehicle or combination of vehicles as the maximum loaded weight of such vehicles. See Virginia Code 46.2-341.4
Gross receipts: means the total amount of money generated by an organization from charitable gaming before the deduction of expenses, including prizes. See Virginia Code 18.2-340.16
Gross vehicle weight rating: means the value specified by the manufacturer of the vehicle as the maximum loaded weight of a single vehicle. See Virginia Code 46.2-341.4
Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
Handgun: means any pistol or revolver or other firearm, except a machine gun, originally designed, made, and intended to fire a projectile by means of an explosion of a combustible material from one or more barrels when held in one hand. See Virginia Code 18.2-307.1
Harmful to juveniles: means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it (a) predominantly appeals to the prurient, shameful or morbid interest of juveniles, (b) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for juveniles, and (c) is, when taken as a whole, lacking in serious literary, artistic, political or scientific value for juveniles. See Virginia Code 18.2-390
Hazardous materials: means materials designated to be hazardous in accordance with § 103 of the federal Hazardous Materials Transportation Act, 49 U. See Virginia Code 46.2-341.4
Health club: means any person, firm, corporation, organization, club or association whose primary purpose is to engage in the sale of memberships in a program consisting primarily of physical exercise with exercise machines or devices, or whose primary purpose is to engage in the sale of the right or privilege to use exercise machines or devices. See Virginia Code 59.1-296
Health club contract: means an agreement whereby the buyer of health club services purchases, or becomes obligated to purchase, health club services. See Virginia Code 59.1-296
Health club services: means and includes services, privileges, or rights offered for sale or provided by a health club. See Virginia Code 59.1-296
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.
Highway: means the entire width between the boundary lines of every way or place of whatever nature open to the use of the public under the provisions of this chapter for purposes of vehicular travel in this Commonwealth. See Virginia Code 56-536
home solicitation sale: means :
1. See Virginia Code 59.1-21.2
imitation controlled substance: when used in this article means (i) a counterfeit controlled substance or (ii) a pill, capsule, tablet, or substance in any form whatsoever which is not a controlled substance subject to abuse, and:
1. See Virginia Code 18.2-247
Incumbent electric utility: means each electric utility in the Commonwealth that, prior to July 1, 1999, supplied electric energy to retail customers located in an exclusive service territory established by the Commission. See Virginia Code 56-576
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
Independent system operator: means a person that may receive or has received, by transfer pursuant to this chapter, any ownership or control of, or any responsibility to operate, all or part of the transmission systems in the Commonwealth. See Virginia Code 56-576
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.
Information: means data, text, images, sounds, codes, computer programs, software, databases, or the like. See Virginia Code 59.1-480
Information processing system: means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information. See Virginia Code 59.1-480
Information provider: means any person providing pay-per-call services. See Virginia Code 59.1-429
Information technology: means communications, telecommunications, automated data processing, applications, databases, data networks, the Internet, management information systems, and related information, equipment, goods, and services. See Virginia Code 2.2-2006
Infrastructure costs: includes the costs related to fiber, water, wastewater, and stormwater facilities; gas pipelines; electrical transmission and distribution lines; and site clearing, grading, and other improvements to support the construction and development of a facility. See Virginia Code 59.1-284.42
Initiation fee: means a nonrecurring fee charged at or near the beginning of a health club membership, and includes all fees or charges not part of the monthly fee. See Virginia Code 59.1-296
Instructor: means any person, whether acting for himself as operator of a driver training clinic or for such clinic for compensation, who is licensed by the Department as prescribed by this chapter and who teaches, conducts classes, gives demonstrations, or supervises persons undergoing mandatory or voluntary driver improvement training. See Virginia Code 46.2-490.3
Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
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}
Interim agreement: means an agreement between a private entity and a responsible public entity that provides for phasing of the development or operation, or both, of a qualifying project. See Virginia Code 56-575.1
Internet ticketing platform: means a marketplace or exchange that enables consumers to purchase and sell tickets to events. See Virginia Code 59.1-466.5
Intimate parts: means the genitalia, anus, groin, breast, or buttocks of any person, or the chest of a child under the age of 15. See Virginia Code 18.2-67.10
Invention: means a discovery, process, machine, design, formulation, product, concept or idea or any combination thereof. See Virginia Code 59.1-208
Invention developer: means any person, firm, partnership, corporation, and any agent, employee, officer, partner or independent contractor thereof, that advertises invention development services in media of general circulation or that contracts with customers procured as a result of such advertisement. See Virginia Code 59.1-208
Invention development: means the evaluation, perfection, marketing, brokering, or promotion of an invention by an invention developer, including a patent search, preparation of a patent application, or any other act done by an invention developer for consideration toward the end of procuring or attempting to procure a license, buyer or patent for an invention, but shall not include those acts undertaken by attorneys in the practice of their profession, other persons duly registered to practice before the U. See Virginia Code 59.1-208
Inventory: means farm implements and machinery, construction, utility and industrial equipment, consumer products, outdoor power equipment, attachments, or repair parts. See Virginia Code 59.1-352.1
Investment: means costs incurred on eligible infrastructure replacement projects including planning, development, and construction costs; costs of infrastructure associated therewith; and an allowance for funds used during construction. See Virginia Code 56-603
Investment: means costs incurred to deploy eligible infrastructure including planning, development, and construction costs and, if applicable, an allowance for funds used during construction. See Virginia Code 56-605
invitation to bid: means a written or oral solicitation or invitation by a distributor to one or more exhibitors to bid for the right to exhibit a motion picture;
7. See Virginia Code 59.1-257
IRP: means a document developed by an electric utility that provides a forecast of its load obligations and a plan to meet those obligations by supply side and demand side resources over the ensuing 15 years to promote reasonable prices, reliable service, energy independence, and environmental responsibility. See Virginia Code 56-597
isomer: means the optical, position, and geometric isomers. See Virginia Code 18.2-247
Issuer: means the business organization or financial institution or its duly authorized agent which issues a credit card. See Virginia Code 18.2-191
item: means any item or service with monetary value. See Virginia Code 59.1-415
Jackpot: means a bingo game that the organization has designated on its game program as a jackpot game in which the prize amount is greater than $100. See Virginia Code 18.2-340.16
Joint resolution: A legislative measure which requires the approval of both chambers.
Juror: A person who is on the jury.
Juvenile: means a person less than 18 years of age. See Virginia Code 18.2-390
Knowingly: means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both (a) the character and content of any material described herein which is reasonably susceptible of examination by the defendant, and (b) the age of the juvenile, provided however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such juvenile. See Virginia Code 18.2-390
Landlord: means any person or his agent, firm, association, organization, partnership, or corporation, employee, or immediate family member thereof, which owns and leases, or leases any premises devoted in whole or in part to the conduct of bingo games or other charitable gaming pursuant to this article, and any person residing in the same household as a landlord. See Virginia Code 18.2-340.16
lane: means that portion of a roadway designed or designated to accommodate the forward movement of a single line of vehicles. See Virginia Code 46.2-100
Law-enforcement officer: means those individuals defined as a law-enforcement officer in § 9. See Virginia Code 18.2-307.1
Law-enforcement officer: means any officer as defined in § 9. See Virginia Code 18.2-433.1
Lawfully admitted for permanent residence: means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed. See Virginia Code 18.2-307.1
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Lease-purchase agreement: means an agreement for the use of personal property by a natural person primarily for personal, family, or household purposes, for an initial period of four months or less that is automatically renewable with each payment after the initial period, but does not obligate or require the consumer to continue leasing or using the property beyond the initial period, and that permits the consumer to become the owner of the property. See Virginia Code 59.1-207.18
leased marketing premises: means the premises at which petroleum products are sold to the general public. See Virginia Code 59.1-21.10
Legatee: A beneficiary of a decedent
Lemon law rights period: means the period ending 18 months after the date of the original delivery to the consumer of a new motor vehicle. See Virginia Code 59.1-207.11
Lessee: means any person or organization obtaining the use of a rental motor vehicle from a lessor under the terms of a rental agreement. See Virginia Code 59.1-207.30
Lessor: means a person who regularly provides the use of property through lease-purchase agreements and to whom lease payments are initially payable on the face of the lease-purchase agreement. See Virginia Code 59.1-207.18
Lessor: means any person or organization in the business of providing rental motor vehicles to the public. See Virginia Code 59.1-207.30
license agreement: means any contract, agreement, understanding or condition between a distributor and an exhibitor relating to the licensing or exhibition of a motion picture by the exhibitor;
9. See Virginia Code 59.1-257
license to operate a motor vehicle: shall mean any document issued under Chapter 3 of Title 46. See Virginia Code 18.2-6
Lienholder: means a person, partnership, association, corporation or entity with a security interest in a motor vehicle pursuant to a lien. See Virginia Code 59.1-207.11
Lineal descendant: Direct descendant of the same ancestors.
Liquid nicotine: means a liquid or other substance containing nicotine in any concentration that is sold, marketed, or intended for use in a nicotine vapor product. See Virginia Code 59.1-293.10
Liquid nicotine container: means a bottle or other container holding liquid nicotine in any concentration but does not include a cartridge containing liquid nicotine if such cartridge is prefilled and sealed by the manufacturer of such cartridge and is not intended to be opened by the consumer. See Virginia Code 59.1-293.10
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Local match: means the funds committed by a locality identified in a memorandum of understanding to a qualified company related to the construction and operation of a facility. See Virginia Code 59.1-284.42
Locality: means the same as that term is defined in § 15. See Virginia Code 56-614
Locality: means a county or city in the Commonwealth in which a company makes an eligible investment in a facility and creates new full-time jobs, that is identified in a memorandum of understanding, and that has entered into a performance agreement. See Virginia Code 59.1-284.42
Long distance carrier: means any interexchange telephone company providing services within the Commonwealth. See Virginia Code 59.1-429
Low-income geographic area: means any locality, or community within a locality, that has a median household income that is not greater than 80 percent of the local median household income, or any area in the Commonwealth designated as a qualified opportunity zone by the U. See Virginia Code 56-576
Low-income utility customer: means any person or household whose income is no more than 80 percent of the median income of the locality in which the customer resides. See Virginia Code 56-576
Lubricating oil: means lubricating oils used in internal combustion engines. See Virginia Code 59.1-149
Management: means the provision of oversight of a gaming operation, which may include the responsibilities of applying for and maintaining a permit or authorization, compiling, submitting, and maintaining required records and financial reports, and ensuring that all aspects of the operation are in compliance with all applicable statutes and regulations. See Virginia Code 18.2-340.16
Manufacture of an unlawful electronic communication device: means to make, produce or assemble an unlawful electronic communication device, or to modify, alter, program or reprogram an electronic communication device to be capable of performing any of the illegal functions of an unlawful electronic communication device as that term is defined in this section. See Virginia Code 18.2-190.1
Manufacturer: means a person, partnership, association, corporation or entity engaged in the business of manufacturing or assembling motor vehicles, or of distributing motor vehicles to motor vehicle dealers. See Virginia Code 59.1-207.11
Manufacturer: means any person, whether resident or nonresident, who manufactures, assembles, or imports motor vehicles for sale or distribution in this Commonwealth. See Virginia Code 59.1-207.34
marijuana: when used in this article means any part of a plant of the genus Cannabis, whether growing or not, its seeds or resin; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, its resin, or any extract containing one or more cannabinoids. See Virginia Code 18.2-247
Mark: means any trademark or service mark registered in the Commonwealth or the United States Patent and Trademark Office, or entitled to registration under this chapter, whether registered or not. See Virginia Code 59.1-92.2
Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
Material default: means any default by the private entity in the performance of its duties under subsection E of § 56-575. See Virginia Code 56-575.1
Measure: means an individual item, service, offering, or rebate available to a customer of a natural gas utility as part of the utility's conservation and ratemaking efficiency plan. See Virginia Code 56-600
Measured and verified: means a process determined pursuant to methods accepted for use by utilities and industries to measure, verify, and validate energy savings and peak demand savings. See Virginia Code 56-576
MEI Commission: means the MEI Project Approval Commission established pursuant to Chapter 47 of Title 30. See Virginia Code 59.1-284.42
MEI project: means the same as that term is defined in § 2. See Virginia Code 30-309
Membership: means those persons to whom, for payment of fees, dues, assessments, etc. See Virginia Code 57-48
Memorandum of understanding: means the memorandum of understanding entered into on or about November 12, 2018, among a qualified company, the Commonwealth, and the Virginia Economic Development Partnership Authority that sets forth the requirements for the creation of new full-time jobs for the qualified company to be eligible for grant payments from the Fund. See Virginia Code 59.1-284.31
Memorandum of understanding: means a performance agreement or related document entered into on or before August 1, 2019, between a qualified company and the Commonwealth that sets forth the requirements for capital investment and the creation of new jobs for the qualified company. See Virginia Code 59.1-284.32
Memorandum of understanding: means a performance agreement or related document entered into on or before August 1, 2020, among a qualified company, the Commonwealth, and VEDP that sets forth the requirements for capital investment and the creation of new full-time jobs for the qualified company to be eligible for grants from the Fund. See Virginia Code 59.1-284.38
Memorandum of understanding: means a performance agreement or related document entered into on or before August 1, 2022, between a qualified company and the Commonwealth that sets forth the requirements for capital investment and the creation of new jobs for the qualified company. See Virginia Code 59.1-284.39
Memorandum of understanding: means a memorandum of understanding entered into on or after January 1, 2023, between a qualified company, the Commonwealth, and VEDP that sets forth (i) the grant amount that the qualified company shall be eligible to receive for each new full-time job created and each $1 million of capital investment in construction costs made; (ii) the total aggregate amount of grants that the qualified company shall be eligible to receive; (iii) the performance date; (iv) the requirements and timing for capital investment and new full-time job creation by the qualified company; (v) the identification of the locality or localities in which such investment and job creation shall take place; and (vi) any other terms and conditions deemed necessary or appropriate to be eligible for grant payments from the Fund. See Virginia Code 59.1-284.42
Mental incapacity: means that condition of the complaining witness existing at the time of an offense under this article which prevents the complaining witness from understanding the nature or consequences of the sexual act involved in such offense and about which the accused knew or should have known. See Virginia Code 18.2-67.10
Merger: means a transaction pursuant to § 13. See Virginia Code 13.1-603
Misappropriation: means :
1. See Virginia Code 59.1-336
Monthly allocation: shall mean the monthly amount of petroleum products sold or otherwise supplied to a distributor under applicable U. See Virginia Code 59.1-21.18:2
Monthly fee: means the total consideration, including but not limited to, equipment or locker rental, credit check, finance, medical and dietary evaluation, class and training fees, and all other similar fees or charges and interest, but excluding any initiation fee, to be paid by a buyer, divided by the total number of months of health club service use allowed by the buyer's contract, including months or time periods called "free" or "bonus" months or time periods and such months or time periods that are described in any other terms suggesting that they are provided free of charge, which months or time periods are given or contemplated when the contract is initially executed. See Virginia Code 59.1-296
motor fuel: means gasoline and diesel fuel of a type distributed for use as a fuel in self-propelled vehicles designed primarily for use on public streets, roads, and highways. See Virginia Code 59.1-21.10
Motor fuel: means any liquid or gaseous matter used for the generation of power in an internal combustion engine. See Virginia Code 59.1-149
Motor vehicle: shall mean every vehicle which is self-propelled or designed for self-propulsion and every vehicle drawn by or designed to be drawn by a motor vehicle and includes every device in, upon or by which any property is or can be transported or drawn upon a highway, whether or not required to be licensed by the Commonwealth, but shall not include devices moved by human or animal power or devices used exclusively upon stationary rails or tracks. See Virginia Code 59.1-207.2
Motor vehicle: means only passenger cars, pickup or panel trucks, motorcycles, autocycles, self-propelled motorized chassis of motor homes and mopeds as those terms are defined in § 46. See Virginia Code 59.1-207.11
Motor vehicle: means any motor vehicle as defined in § 46. See Virginia Code 59.1-207.34
municipal corporation: shall include an authority created by a governmental unit exempt from the referendum requirement of § 15. See Virginia Code 56-1
Municipality: means a city, county, town, authority, or other political subdivision of the Commonwealth. See Virginia Code 56-576
Natural gas utility: means any investor-owned public service company engaged in the business of furnishing natural gas service to the public. See Virginia Code 56-603
Natural gas utility: means an investor-owned public service company engaged in the business of furnishing natural gas service to the public. See Virginia Code 56-605
Natural gas utility: means any investor-owned public service company engaged in the business of furnishing natural gas service to the public. See Virginia Code 56-610
Net cost: means the price the dealer paid the supplier for the inventory, less all applicable discounts allowed, plus the amount the dealer paid for freight costs from the supplier's location to the dealer's location, plus reasonable cost of assembly or disassembly performed by the dealer. See Virginia Code 59.1-352.1
Network bingo: means a specific bingo game in which pari-mutuel play is permitted. See Virginia Code 18.2-340.16
Network bingo provider: means a person licensed by the Department to operate network bingo. See Virginia Code 18.2-340.16
New full-time job: means a position in which employees of a qualified company are principally located at the facility and are expected to work a minimum of either (i) 35 hours of an employee's time per week for the entire normal year of the employer's operations, which "normal year" must consist of at least 48 weeks, or (ii) 1,680 hours per year. See Virginia Code 59.1-284.31
New full-time jobs: means job positions created on or after January 1, 2023, but prior to July 1, 2040, in which the employee of a qualified company works at a facility, for which the average annual wage is at least one and one-half times the prevailing wage of the locality where the job is located, and for which the qualified company provides standard fringe benefits. See Virginia Code 59.1-284.42
New job: means full-time employment at the facility measured at any time following June 30, 2018, for which the annual average wage is at least $92,000, with an escalation factor for each year, that requires a minimum of 38 hours of an employee's time per week for the entire normal year, consisting of at least 48 weeks, of the qualified company's operations. See Virginia Code 59.1-284.32
New job: means full-time employment at or associated with any of the facilities measured at any time after January 1, 2021, for which the annual average wage is at least $56,713 for a position in the City of Norfolk or at least $99,385 for a position in the County of Arlington, that requires a minimum of 38 hours of an employee's time per week for the entire normal year, consisting of at least 48 weeks, of the qualified company's operations. See Virginia Code 59.1-284.39
New underground facilities: includes underground cables with voltages of 69 kilovolts or less, pad-mounted devices, connections at customer meters, and transition terminations from existing overhead distribution sources. See Virginia Code 56-576
Newly remodeled facility: means a retail outlet, marketing premises, or leased marketing premises which, within an 18-month period, has been rebuilt, renovated, or reconstructed at a cost of (i) for facilities remodeled before January 1, 2004, a minimum of $560,000; or (ii) for facilities remodeled on or after January 1, 2004, a minimum of $560,000 plus an amount reflecting the annual rate of inflation, such amount to be calculated on January 1 of each year by the Commissioner of the Department of Agriculture and Consumer Services by referring to the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics. See Virginia Code 59.1-21.10
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.
Nonconformity: means a condition or defect that significantly impairs the use, value, function or safety of an assistive device or any of its components, but does not include a condition or defect of the device that is the result of (i) abuse, misuse or neglect by a consumer, (ii) modifications or alterations not authorized by the manufacturer, (iii) normal wear, (iv) normal use which may be resolved through a fitting adjustment, routine maintenance, preventative maintenance or proper care, or (v) a consumer's failure to follow any manufacturer's written service and maintenance guidelines furnished to the customer at the time of purchase. See Virginia Code 59.1-470
Nonconformity: means a failure to conform with a warranty, a defect or a condition, including those that do not affect the driveability of the vehicle, which significantly impairs the use, market value, or safety of a motor vehicle. See Virginia Code 59.1-207.11
Notary: means notary public. See Virginia Code 1-226
Notice: means actual notification in the manner prescribed in § 59. See Virginia Code 59.1-407
notification: means that the manufacturer shall be deemed to have been notified under this chapter if a written complaint of the defect or defects has been mailed to it or it has responded to the consumer in writing regarding a complaint, or a factory representative has either inspected the vehicle or met with the consumer or an authorized dealer regarding the nonconformity. See Virginia Code 59.1-207.11
Nudity: means a state of undress so as to expose the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered or uncovered male genitals in a discernibly turgid state. See Virginia Code 18.2-390
Oath: A promise to tell the truth.
Oath: includes affirmation. See Virginia Code 1-228
Obligor: means the person who is contractually obligated to the purchaser to provide services under the extended service contract and who is (i) the original manufacturer or seller of the merchandise covered by the extended service contract, (ii) acting through or with the written consent of the original manufacturer, seller or purchaser of the merchandise covered by the extended service contract, or (iii) acting through or with the written consent of a manufacturer or seller of merchandise similar to the merchandise covered by the extended service contract. See Virginia Code 59.1-435
offering: means any act to sell, solicit, induce, advertise, or execute a travel services agreement. See Virginia Code 59.1-445
Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) ^{Source: OCC}
Operate: means to finance, maintain, improve, equip, modify, repair, or operate. See Virginia Code 56-575.1
Operation: means the activities associated with production of a charitable gaming or electronic gaming activity, which may include (i) the direct on-site supervision of the conduct of charitable gaming and electronic gaming; (ii) coordination of volunteers; and (iii) all responsibilities of charitable gaming and electronic gaming designated by the organization's management. See Virginia Code 18.2-340.16
Operation: means all functions and pursuits of the operator of any roadway under this chapter which are directly or indirectly related to acquisition, approval, construction, enlargement, maintenance, patrolling, toll collections, or connections of the roadway or highway with any other highway or with any street, road or alley. See Virginia Code 56-536
Operation of a retail outlet: means the ownership or option to buy a properly zoned parcel of property for which a permit to build a retail outlet has been granted. See Virginia Code 59.1-21.10
Operator: means the person who submits to the Commission an application for authority to construct, operate or enlarge a roadway, and which, after issuance of a certificate of authority, is responsible for operation of any roadway under the provisions of this chapter. See Virginia Code 56-536
Organization: means any one of the following:
1. See Virginia Code 18.2-340.16
Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
Out of business: means the status of a facility that is permanently closed and for which there is no comparable alternate facility. See Virginia Code 59.1-296
out-of-service declaration: means an order by a judicial officer pursuant to § 46. See Virginia Code 46.2-341.4
Over-issuance of shares: means the purported issuance of:
1. See Virginia Code 13.1-614.1
Overhead high voltage line: means all above ground bare or insulated electrical conductors of voltage in excess of 600 volts measured between conductors or measured between a conductor and the ground, except those conductors that are de-energized and grounded or that are enclosed in rigid metallic conduit or flexible armored conduit. See Virginia Code 59.1-407
owner: means the person who owns the sounds fixed in any master phonograph record, master disc, master tape, master film or other device used for reproducing recorded sounds on phonograph records, discs, tapes, films, videocassettes, or other articles now known or later developed on which sound is recorded and from which the transferred sounds are directly or indirectly derived, or the person who owns the rights to record or authorize the recording of a live performance. See Virginia Code 59.1-41.1
Parent organization: means that part of a charitable organization that coordinates, supervises, or exercises control over policy, fund raising, and expenditures or assists or advises one or more chapters, branches, or affiliates. See Virginia Code 57-48
Patent infringement: means any conduct that constitutes infringement pursuant to applicable law, including 35 U. See Virginia Code 59.1-215.1
Pay-per-call service: means any passive, interactive, polling, conference, or other similar audiotext service that is accessed through a 900 number exchange or otherwise, and generates a service-related fee billed to a telephone customer. See Virginia Code 59.1-415
Pay-per-call service: means any passive, interactive, polling, conference, or other similar audiotext service that is accessed by telephone, through a 900 number exchange or otherwise, and generates a service-related fee billed to a telephone customer. See Virginia Code 59.1-429
Payment device number: means any code, account number or other means of account access, other than a check, draft or similar paper instrument, that can be used to obtain money, goods, services or anything else of value, or to initiate a transfer of funds. See Virginia Code 18.2-191
Peak-shaving: means measures aimed solely at shifting time of use of electricity from peak-use periods to times of lower demand by inducing retail customers to curtail electricity usage during periods of congestion and higher prices in the electrical grid. See Virginia Code 56-576
Performance agreement: means an agreement entered into on or after January 1, 2023, between a qualified company, a locality identified in a memorandum of understanding, and VEDP that commits the locality to provide local funds, either as annual cash grants or via the expenditure of local funds, for infrastructure costs related to the qualified company. See Virginia Code 59.1-284.42
Performance date: means the date set forth in a memorandum of understanding by which capital investment and new full-time job creation targets shall be met in order to qualify for grants from the Fund. See Virginia Code 59.1-284.42
Performing rights society: means an association or corporation that licenses the public performance of nondramatic musical works on behalf of copyright owners, such as the American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music, Inc. See Virginia Code 59.1-460
permit: means a permit issued by the Department to an organization that authorizes such organization to conduct charitable gaming, and if such organization is qualified as a social organization, electronic gaming. See Virginia Code 18.2-340.16
Person: means an individual, partnership, corporation, limited liability company or association. See Virginia Code 59.1-310.1
Person: means natural persons, firms, associations, cooperatives, corporations, limited liability companies, business trusts, partnerships, and limited liability partnerships. See Virginia Code 56-605
Person: means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. See Virginia Code 59.1-336
Person: means natural person, firm, business association, company, partnership, corporation or other legal entity. See Virginia Code 59.1-407
Person: means a natural person, firm, partnership, association, corporation, or a governmental entity including a school board. See Virginia Code 46.2-341.4
Person: means any individual, organization, trust, foundation, association, partnership, corporation, society, or other group or combination acting as a unit. See Virginia Code 57-48
Person: means any natural person, corporation, trust, partnership, association and any other legal entity. See Virginia Code 59.1-415
Person: means individual and entity. See Virginia Code 59.1-425
Person: includes any natural person; any trust or association of persons, formal or otherwise; or any corporation, partnership, company, or other legal or commercial entity. See Virginia Code 59.1-9.3
Person: means any individual, firm, partnership or corporation;
2. See Virginia Code 59.1-68.6
Person: has the meaning prescribed in § 1-230. See Virginia Code 59.1-69
person: as used in this chapter shall mean an individual, firm or corporation. See Virginia Code 59.1-93
person: shall mean any individual, partnership, corporation, or other firm or association. See Virginia Code 59.1-192
Person: means any natural person, corporation, trust, partnership, association and any other legal entity. See Virginia Code 59.1-198
Person: shall include any natural person, firm, partnership, association or corporation. See Virginia Code 59.1-207.2
Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public body, public corporation, or any other legal or commercial entity. See Virginia Code 59.1-480
Person: includes any natural person, corporation, partnership, joint venture, and any other business entity; however, "person" shall not include the state or any local government or agency thereof, or any municipal corporation or other corporate body. See Virginia Code 56-536
person: means and includes one or more individuals, partnerships, associations, societies, trusts, organizations, or corporations;
2. See Virginia Code 59.1-257
Person: includes an individual and an entity. See Virginia Code 13.1-603
Person: includes individuals, partnerships, limited liability companies, and corporations. See Virginia Code 56-1
Person: means any individual, corporation, partnership, association, company, business, trust, joint venture, or other private legal entity, and the Commonwealth or any municipality. See Virginia Code 56-576
Person responsible for the work: means the person performing or controlling the work. See Virginia Code 59.1-407
Personal knowledge: means knowledge of a fact that a person has himself gained through his own senses, or knowledge that was gained by a law-enforcement officer or prosecutor through the performance of his official duties. See Virginia Code 18.2-307.1
Petroleum products: shall mean kerosene and number one and two heating oils;
2. See Virginia Code 59.1-21.18:2
Pharmacy: means any establishment or institution from which drugs, medicines, or medicinal chemicals are dispensed or offered for sale or on which a sign is displayed bearing the words "apothecary" "druggist" "drugs" "drug store" "drug sundries" "medicine store" "pharmacist" "pharmacy" or "prescriptions filled" or any similar words intended to indicate that the practice of pharmacy is being conducted pursuant to a license issued under Chapter 33 of Title 54. See Virginia Code 18.2-265.6
Pharmacy: means any establishment or institution from which drugs, medicines, or medicinal chemicals are dispensed or offered for sale or on which a sign is displayed bearing the words "apothecary" "druggist" "drugs" "drug store" "drug sundries" "medicine store" "pharmacist" "pharmacy" "prescriptions filled" or any similar words intended to indicate that the practice of pharmacy is being conducted pursuant to a license issued under Chapter 33 of Title 54. See Virginia Code 18.2-265.19
Phototherapy device: means a piece of equipment that emits ultraviolet radiation and that is used by a health care provider in the treatment of a disease. See Virginia Code 59.1-310.1
Physical helplessness: means unconsciousness or any other condition existing at the time of an offense under this article which otherwise rendered the complaining witness physically unable to communicate an unwillingness to act and about which the accused knew or should have known. See Virginia Code 18.2-67.10
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.
Portfolio: means the program or programs included in a natural gas utility's conservation and ratemaking efficiency plan. See Virginia Code 56-600
Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
Previously developed project site: includes a brownfield as defined in § 10. See Virginia Code 56-576
Primary ticket provider: means a provider of ticketing services, or an agent of such provider, that engages in the original sale of tickets for an event. See Virginia Code 59.1-466.5
prior sexual conduct: means any sexual conduct on the part of the complaining witness which took place before the conclusion of the trial, excluding the conduct involved in the offense alleged under this article. See Virginia Code 18.2-67.10
Private entity: means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, non-profit entity, or other business entity. See Virginia Code 56-575.1
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.
Proceeding: includes civil suit and criminal, administrative, and investigatory action. See Virginia Code 13.1-603
Professional fund-raising counsel: means any person who for a flat fixed fee under a written agreement plans, conducts, manages, carries on, advises, or acts as a consultant, whether directly or indirectly, in connection with soliciting contributions for, or on behalf of, any charitable or civic organization, but who actually solicits no contributions as a part of such services. See Virginia Code 57-48
Professional solicitor: means any person who, for a financial or other consideration, solicits contributions for, or on behalf of, a charitable or civic organization, whether such solicitation is performed personally or through his agents, servants, or employees or through agents, servants, or employees who are specially employed by or for a charitable or civic organization and are engaged in the solicitation of contributions under the direction of such person or any person who, for a financial or other consideration, plans, conducts, manages, carries on, advises, or acts as a consultant to a charitable or civic organization in connection with the solicitation of contributions but does not qualify as a professional fund-raising counsel. See Virginia Code 57-48
Profit: means the net gain, for income tax purposes, realized by the dealer upon the assignment, transfer, or sale of the franchise agreement. See Virginia Code 59.1-21.10
Program: means a group of one or more related measures for a customer class. See Virginia Code 56-600
Proprietor: means the owner of a retail establishment, restaurant, inn, bar, tavern, sports or entertainment facility or any other similar place of business or professional office located in the Commonwealth in which the public may assemble and in which nondramatic musical works or similar copyrighted works may be performed, broadcast, or otherwise transmitted for the enjoyment of members of the public there assembled. See Virginia Code 59.1-460
provider: means any person or entity other than a public service corporation supervised by the State Corporation Commission, who is the original manufacturer or seller and who solicits, offers, advertises, or executes extended service contracts. See Virginia Code 59.1-435
Public defender: Represent defendants who can't afford an attorney in criminal matters.
Public entity: means the Commonwealth and any agency or authority thereof, any county, city or town and any other political subdivision of the Commonwealth, any public body politic and corporate, or any regional entity that serves a public purpose. See Virginia Code 56-575.1
Public facilities: means (i) airports, landing fields, and air navigation facilities; (ii) educational facilities; (iii) flood control, bank and shore protection, watershed protection, and dams; (iv) hospital facilities; (v) judicial and court facilities; (vi) correctional facilities, including jails and penitentiaries; (vii) library facilities; (viii) military installations; (ix) parks so designated by the Commonwealth or by the locality in its comprehensive plan; (x) properties of historical significance so designated by the Commonwealth; (xi) law enforcement, fire, emergency medical, and rescue facilities; (xii) sanitary sewer, water or stormwater facilities; (xiii) transportation facilities including highways, roads, streets, and bridges, traffic signals, related easements and rights-of-way, mass transit, ports, and any components of federal, state, or local transportation facilities; (xiv) waste management facilities for hazardous, radioactive, or other waste; (xv) office facilities occupied by a public corporation; and (xvi) such other facilities that are necessary to the construction, maintenance, or operation of a public facility as listed in clauses (i) through (xv) and directly related thereto. See Virginia Code 1-219.1
Public rights-of-way use fee: means the fee chargeable to a renewable generator for the occupation and use of public streets, roads, highways, works, turnpikes, streets, avenues, and alleys in the Commonwealth by a locality or the Commonwealth Transportation Board for a renewable generator for its distribution facilities. See Virginia Code 56-614
public service company: includes gas, pipeline, electric light, heat, power and water supply companies, sewer companies, telephone companies, and all persons authorized to transport passengers or property as a common carrier. See Virginia Code 56-1
Purchaser: means a person who enters into an extended service contract with an extended service contract provider. See Virginia Code 59.1-435
Purchaser: means any person who enters into an agreement in whole or in part within this Commonwealth with a travel club for travel services. See Virginia Code 59.1-445
Purchaser: means an individual who purchases a ticket to an event. See Virginia Code 59.1-466.5
Putative shares: means the shares of any class or series of the corporation, including shares issued upon exercise of rights, options, warrants, or other securities convertible into shares of the corporation, or interests with respect to such shares, that were created or issued as a result of a defective corporate action, that (i) but for any failure of authorization would constitute valid shares or (ii) cannot be determined by the board of directors to be valid shares. See Virginia Code 13.1-614.1
Qualification: means the process by which a company becomes a qualified company eligible to enter into a memorandum of understanding and receive grants from the Fund. See Virginia Code 59.1-284.42
Qualified company: means a company, including its affiliates, that between November 1, 2018, and December 31, 2038, is expected to (i) make or cause to be made a capital investment at a facility of at least $2 billion, (ii) create at least 25,000 new full-time jobs, and (iii) potentially create an additional 12,850 jobs. See Virginia Code 59.1-284.31
Qualified company: means a semiconductor manufacturing company, and its affiliates, that manufactures and distributes semiconductors, that between April 1, 2018, and June 30, 2033, is expected to (i) make or cause to be made a capital investment at a facility of at least $2. See Virginia Code 59.1-284.32
Qualified company: means a technology company, including its affiliates, that between January 1, 2020, and June 30, 2025, is expected to (i) make a capital investment at a facility of at least $64 million and (ii) create at least 1,500 new full-time jobs at the facility related to, or supportive of, its business. See Virginia Code 59.1-284.38
Qualified company: means a shipping and logistics company, and its affiliates, that between January 1, 2021, and September 30, 2030, is expected to (i) retain its North American headquarters operations in the City of Norfolk; (ii) make or cause to be made a capital investment at one or more of the facilities of at least $36 million; (iii) create and maintain at least 415 new jobs at or associated with the facilities related to, or supportive of, its shipping and logistics business functions; and (iv) establish and operate a research and development innovation center. See Virginia Code 59.1-284.39
Qualified company: means a company, including its affiliates, that, after qualification, enters into a memorandum of understanding and is expected by the performance date to (i) make or cause to be made a capital investment at facilities in localities identified in the memorandum of understanding of at least $50 billion and (ii) create at least 1,500 new full-time jobs that pay an average annual wage of at least one and one-half times the prevailing wage of the locality where the job is located. See Virginia Code 59.1-284.42
Qualified organization: means any organization to which a valid permit has been issued by the Department to conduct charitable gaming or any organization that is exempt pursuant to § 18. See Virginia Code 18.2-340.16
Qualified waste heat resource: means (i) exhaust heat or flared gas from an industrial process that does not have, as its primary purpose, the production of electricity and (ii) a pressure drop in any gas for an industrial or commercial process. See Virginia Code 56-576
Qualifying project: means an economic development project requiring natural gas service as to which the natural gas utility has made a good faith determination that the following criteria are satisfied:
1. See Virginia Code 56-605
Qualifying project: means (i) any education facility, including, but not limited to a school building, any functionally related and subordinate facility and land to a school building (including any stadium or other facility primarily used for school events), and any depreciable property provided for use in a school facility that is operated as part of the public school system or as an institution of higher education; (ii) any building or facility that meets a public purpose and is developed or operated by or for any public entity; (iii) any improvements, together with equipment, necessary to enhance public safety and security of buildings to be principally used by a public entity; (iv) utility and telecommunications and other communications infrastructure; (v) a recreational facility; (vi) technology infrastructure, services, and applications, including, but not limited to, telecommunications, automated data processing, word processing and management information systems, and related information, equipment, goods and services; (vii) any services designed to increase the productivity or efficiency of the responsible public entity through the use of technology or other means, (viii) any technology, equipment, or infrastructure designed to deploy wireless broadband services to schools, businesses, or residential areas; (ix) any improvements necessary or desirable to any unimproved locally- or state-owned real estate; or (x) any solid waste management facility as defined in § 10. See Virginia Code 56-575.1
Quorum: The number of legislators that must be present to do business.
Raffle: means a lottery in which the prize is won by (i) a random drawing of the name or prearranged number of one or more persons purchasing chances or (ii) a random contest in which the winning name or preassigned number of one or more persons purchasing chances is determined by a race involving inanimate objects floating on a body of water, commonly referred to as a "duck race. See Virginia Code 18.2-340.16
Rate: means rate charged for any service rendered or to be rendered. See Virginia Code 56-1
Reasonable and proper business expenses: means business expenses actually incurred by a qualified organization in the conduct of charitable gaming and not otherwise allowed under this article or under Department regulations on real estate and personal property tax payments, travel expenses, payments of utilities and trash collection services, legal and accounting fees, costs of business furniture, fixtures and office equipment and costs of acquisition, maintenance, repair, or construction of an organization's real property. See Virginia Code 18.2-340.16
receiving: means acquiring possession or control of the credit card number or payment device number or accepting the same as security for a loan. See Virginia Code 18.2-191
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Virginia Code 59.1-480
Record date: means the date fixed for determining the identity of the corporation's shareholders and their shareholdings for purposes of this chapter. See Virginia Code 13.1-603
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}
Refiner: means any person engaged in the refining of crude oil to produce motor fuel and includes any affiliate of such person. See Virginia Code 59.1-21.10
Registrant: means any person to whom the registration of a mark under this chapter or prior law is issued, and the legal representatives, successors, or assigns of such person. See Virginia Code 59.1-92.2
regulation: include joint rates, joint charges and joint regulations, respectively. See Virginia Code 56-1
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.
Renewable energy: means energy derived from sunlight, wind, falling water, biomass, sustainable or otherwise, (the definitions of which shall be liberally construed), energy from waste, landfill gas, municipal solid waste, wave motion, tides, and geothermal power, and does not include energy derived from coal, oil, natural gas, or nuclear power. See Virginia Code 56-576
Renewable energy facility: means (i) an electrical generation facility that produces not more than 2 megawatts peak net power output to the distribution grid, which electricity is generated only from a renewable energy source; (ii) a steam reduction facility with a rated capacity of not more than 5,000 mmBtus per hour that produces steam only from a renewable energy source; or (iii) a solid waste management facility permitted by the Department of Environmental Quality from which landfill gas is transmitted or distributed off premises. See Virginia Code 56-614
Renewable energy source: means energy derived from any source specified in the definition of renewable energy in § 56-576. See Virginia Code 56-614
Renewable generator: means a person that (i) does not have the power of a public service corporation to acquire rights-of-way, easements, or other interests in lands as provided in § 56-49 and (ii) operates a renewable energy facility. See Virginia Code 56-614
Renewable thermal energy: means the thermal energy output from (i) a renewable-fueled combined heat and power generation facility that is (a) constructed, or renovated and improved, after January 1, 2012, (b) located in the Commonwealth, and (c) utilized in industrial processes other than the combined heat and power generation facility or (ii) a solar energy system, certified to the OG-100 standard of the Solar Ratings and Certification Corporation or an equivalent certification body, that (a) is constructed, or renovated and improved, after January 1, 2013, (b) is located in the Commonwealth, and (c) heats water or air for residential, commercial, institutional, or industrial purposes. See Virginia Code 56-576
Renewable thermal energy equivalent: means the electrical equivalent in megawatt hours of renewable thermal energy calculated by dividing (i) the heat content, measured in British thermal units (BTUs), of the renewable thermal energy at the point of transfer to a residential, commercial, institutional, or industrial process by (ii) the standard conversion factor of 3. See Virginia Code 56-576
Rental agreement: means any written agreement setting forth the terms and conditions governing the use of the rental motor vehicle by the lessee. See Virginia Code 59.1-207.30
Rental motor vehicle: means a private passenger type vehicle or commercial type vehicle which, upon execution of a rental agreement, is made available to a lessee for its use. See Virginia Code 59.1-207.30
Resale: means the sale of a ticket other than the original sale of a ticket by a primary ticket provider. See Virginia Code 59.1-466.5
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.
Responsible public entity: means a public entity that has the power to develop or operate the applicable qualifying project. See Virginia Code 56-575.1
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Restriction: means a prohibition on a commercial driver's license or commercial learner's permit that prohibits the holder from operating certain commercial motor vehicles. See Virginia Code 46.2-341.4
Restrictions or requirements concerning the use of the public rights-of-way: includes permitting processes; requirements regarding notice, time, and location of excavations and repair work; enforcement of the statewide building code; and inspections but does not include any existing franchise fee or public rights-of-way use fee. See Virginia Code 56-614
Retail: means the sale of petroleum products for purposes other than resale. See Virginia Code 59.1-21.10
Retail customer: means any person that purchases retail electric energy for its own consumption at one or more metering points or nonmetered points of delivery located in the Commonwealth. See Virginia Code 56-576
Retail distributor: means an entity licensed to conduct business in the Commonwealth that offers for sale to the public at a retail outlet any nonprescription compound, mixture, or preparation containing ephedrine or related compounds. See Virginia Code 18.2-265.6
Retail distributor: means an entity licensed to conduct business in the Commonwealth that offers for sale to the public at a retail outlet any nonprescription compound, mixture, or preparation containing dextromethorphan. See Virginia Code 18.2-265.19
Retail electric energy: means electric energy sold for ultimate consumption to a retail customer. See Virginia Code 56-576
Revenue-neutral: means a change in a rate, tariff design or mechanism as a component of a conservation and ratemaking efficiency plan that does not shift annualized allowed distribution revenue between customer classes, and does not increase or decrease the utility's average, weather-normalized nongas utility revenue per customer for any given rate class by more than 0. See Virginia Code 56-600
Revenues: means all revenues, income, earnings, user fees, lease payments, or other service payments arising out of or in connection with supporting the development or operation of a qualifying project, including without limitation, money received as grants or otherwise from the United States of America, from any public entity, or from any agency or instrumentality of the foregoing in aid of such facility. See Virginia Code 56-575.1
revocation: means that the document or privilege revoked is not subject to renewal or restoration except through reapplication after the expiration of the period of revocation. See Virginia Code 46.2-100
Rights holder: means any person or entity that has the initial ownership rights to sell a ticket to an event for which tickets for entry by the public are required and does not include a primary ticket provider unless the primary ticket provider is also the rights holder. See Virginia Code 59.1-466.5
Road hazard: means a hazard that is encountered while driving a motor vehicle, including potholes, rocks, wood debris, metal parts, glass, plastic, curbs, and composite scraps. See Virginia Code 59.1-435
Roadway: as used in this chapter , shall include only privately owned or operated highways for use of which a toll or similar single-use charge is imposed. See Virginia Code 56-536
royalties: means the fees payable to a copyright owner or performing rights society for the public performance of nondramatic musical or other similar works. See Virginia Code 59.1-460
run: means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. See Virginia Code 59.1-257
Sadomasochistic abuse: means actual or explicitly simulated flagellation or torture by or upon a person who is nude or clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed. See Virginia Code 18.2-390
Sales draft: means a paper or electronic form evidencing a purchase of goods, services or anything else of value from a merchant through the use of a credit card. See Virginia Code 18.2-191
SAVE: means Steps to Advance Virginia's Energy Plan. See Virginia Code 56-603
SAVE plan: means a plan filed by a natural gas utility that identifies proposed eligible infrastructure replacement projects and a SAVE rider. See Virginia Code 56-603
SAVE rider: means a recovery mechanism that will allow for recovery of the eligible infrastructure replacement costs, through a separate mechanism from the customer rates established in a rate case using the cost of service methodology set forth in § 56-235. See Virginia Code 56-603
School bus: means any motor vehicle, other than a station wagon, automobile, truck, or commercial bus, which is: (i) designed and used primarily for the transportation of pupils to and from public, private or religious schools, or used for the transportation of individuals with mental or physical disabilities to and from a sheltered workshop; (ii) painted yellow and bears the words "School Bus" in black letters of a specified size on front and rear; and (iii) is equipped with warning devices prescribed in § 46. See Virginia Code 46.2-100
seal cards: means specific games of chance played by the random selection of one or more individually prepacked cards with winners being determined by the preprinted or predetermined appearance of concealed letters, numbers, or symbols that must be exposed by the player to determine wins and losses and may include the use of a seal card that conceals one or more numbers or symbols that have been designated in advance as prize winners. See Virginia Code 18.2-340.16
Secretary: means the U. See Virginia Code 56-555.1
Secretary: means the Secretary of Commerce and Trade or his designee. See Virginia Code 59.1-284.31
Secretary: means the Secretary of Commerce and Trade or his designee. See Virginia Code 59.1-284.32
Secretary: means the Secretary of Commerce and Trade. See Virginia Code 59.1-284.38
Secretary: means the Secretary of Commerce and Trade or his designee. See Virginia Code 59.1-284.39
Secretary: means the Secretary of Commerce and Trade or his designee. See Virginia Code 59.1-284.42
Sell: means to sell, exchange, lease, give or dispose of to another or to offer or agree to do the same. See Virginia Code 18.2-190.1
Semitrailer: means every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests on or is carried by another vehicle. See Virginia Code 46.2-100
Septic system: means an onsite method of disposing of sewage when sewers or sewerage facilities are not available and includes septic tanks, septic tank lines and drainage fields or other onsite, residential sewage systems. See Virginia Code 59.1-310.7
Serious safety defect: means a life-threatening malfunction or nonconformity that impedes the consumer's ability to control or operate the new motor vehicle for ordinary use or reasonable intended purposes or creates a risk of fire or explosion. See Virginia Code 59.1-207.11
Service: includes any activity that is performed in whole or in part for the purpose of financial gain, including personal service, rental, leasing, or licensing for use. See Virginia Code 59.1-9.3
Service contract: means a contract entered into between a public entity and the private entity pursuant to § 56-575. See Virginia Code 56-575.1
Service mark: means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the services of such person from the services of others. See Virginia Code 59.1-92.2
Service of process: The service of writs or summonses to the appropriate party.
Service payments: means payments to the private entity of a qualifying project pursuant to a service contract. See Virginia Code 56-575.1
Services: includes but shall not be limited to (i) work performed in the business or occupation of the supplier, (ii) work performed for the supplier by an agent whose charges or costs for such work are transferred by the supplier to the consumer or purchaser as an element of the consumer transaction, or (iii) the subject of an "access contract" as defined in § 59. See Virginia Code 59.1-198
Sexual abuse: means an act committed with the intent to sexually molest, arouse, or gratify any person, where:
a. See Virginia Code 18.2-67.10
Sexual conduct: means actual or explicitly simulated acts of masturbation, sexual intercourse, or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such be female, breast. See Virginia Code 18.2-390
Sexual excitement: means the condition of human male or female genitals when in a state of sexual stimulation or arousal. See Virginia Code 18.2-390
Share exchange: means a transaction pursuant to § 13. See Virginia Code 13.1-603
Shareholder: means a record shareholder. See Virginia Code 13.1-603
Shares: means the units into which the proprietary interests in a corporation are divided. See Virginia Code 13.1-603
Shoulder: means that part of a highway between the portion regularly traveled by vehicular traffic and the lateral curbline or ditch. See Virginia Code 46.2-100
Small investor-owned telephone utility: means any investor-owned public utility (other than a cooperative) which serves fewer than 100,000 access lines in Virginia and which owns, manages, or controls any plant or equipment or any part of a plant or equipment within the Commonwealth for the conveyance of telephone messages, either directly or indirectly, to or for the public. See Virginia Code 56-531
Snowmobile: means a self-propelled vehicle designed to travel on snow or ice, steered by skis or runners, and supported in whole or in part by one or more skis, belts, or cleats. See Virginia Code 46.2-100
Social organization: means any qualified organization that provides certification to the Department that it is:
1. See Virginia Code 18.2-340.16
Solar energy system: means a system of components that produces heat or electricity, or both, from sunlight. See Virginia Code 56-576
Special construction and forestry equipment: means any vehicle which is designed primarily for highway construction, highway maintenance, earth moving, timber harvesting or other construction or forestry work and which is not designed for the transportation of persons or property on a public highway. See Virginia Code 46.2-100
Specially constructed vehicle: means any vehicle that was not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles and not a reconstructed vehicle as herein defined. See Virginia Code 46.2-100
Spring stick: means a spring-loaded metal stick activated by pushing a button that rapidly and forcefully telescopes the weapon to several times its original length. See Virginia Code 18.2-307.1
State: means one of the 50 states of the United States or the District of Columbia. See Virginia Code 46.2-341.4
State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Virginia Code 59.1-480
State: means the Commonwealth of Virginia. See Virginia Code 56-575.1
Subpoena: A command to a witness to appear and give testimony.
Subpoena duces tecum: A command to a witness to produce documents.
Substantial sales: means a substantial aggregate volume of sales of identical or comparable goods or services at or above the advertised comparison price in the supplier's trade area. See Virginia Code 59.1-207.40
Superintendent: means the Superintendent of the Department of State Police of the Commonwealth. See Virginia Code 46.2-100
Supplier: means a wholesaler, manufacturer, distributor, or any purchaser of assets or stock of any surviving corporation resulting from a merger or liquidation, any receiver or assignee, or any trustee of the original manufacturer, wholesaler, or distributor who enters into an agreement with a dealer. See Virginia Code 59.1-352.1
Supplier: means every person, including any agent of such person, or any authorized broker acting on behalf of that person, that enters into an "agreement" with a dealer. See Virginia Code 59.1-353
Supplier: shall mean any person, partnership, company, corporation or association engaged in the refining and subsequent sale of petroleum products to any distributor in the Commonwealth;
3. See Virginia Code 59.1-21.18:2
Supplier: means a seller, lessor, licensor, or professional who advertises, solicits, or engages in consumer transactions, or a manufacturer, distributor, or licensor who advertises and sells, leases, or licenses goods or services to be resold, leased, or sublicensed by other persons in consumer transactions. See Virginia Code 59.1-198
Supplier: means any person who offers to sell, sells, or otherwise provides charitable gaming supplies to any qualified organization. See Virginia Code 18.2-340.16
Supplier: means any generator, distributor, aggregator, broker, marketer, or other person who offers to sell or sells electric energy to retail customers and is licensed by the Commission to do so, but it does not mean a generator that produces electric energy exclusively for its own consumption or the consumption of an affiliate. See Virginia Code 56-576
suspension: means that the document or privilege suspended has been temporarily withdrawn, but may be reinstated following the period of suspension unless it has expired prior to the end of the period of suspension. See Virginia Code 46.2-100
sworn: means "affirm" or "affirmed. See Virginia Code 1-250
System expansion plan: means a plan filed by a natural gas utility that identifies the level of eligible system expansion infrastructure costs that are projected to be incurred over the term of the plan and provides the calculation of a system expansion rider. See Virginia Code 56-610
System expansion rider: means a recovery mechanism that will allow for recovery of the eligible system expansion infrastructure costs from affected customers, through a separate mechanism from the customer rates established in a rate case using the cost-of-service methodology set forth in § 56-235. See Virginia Code 56-610
Tank vehicle: means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis. See Virginia Code 46.2-341.4
Tanning device: means any equipment that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers and that is used for tanning of human skin, including a sunlamp, tanning booth, or tanning bed. See Virginia Code 59.1-310.1
Tanning facility: means a business that provides persons access to tanning devices. See Virginia Code 59.1-310.1
Target: means a person residing in, conducting substantial business in, or having its principal place of business in the Commonwealth and with respect to whom an assertion of patent infringement is made. See Virginia Code 59.1-215.1
Telephone company: means a certificated local exchange telephone company which owns, manages, or controls any plant or equipment or any part of a plant or equipment within the Commonwealth for the conveyance of telephone messages, either directly or indirectly. See Virginia Code 59.1-429
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
tetrahydrocannabinol: means any naturally occurring or synthetic tetrahydrocannabinol, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation and any preparation, mixture, or substance containing, or mixed or infused with, any detectable amount of tetrahydrocannabinol. See Virginia Code 18.2-247
theater: means any establishment in which motion pictures are exhibited to the public regularly for a charge;
3. See Virginia Code 59.1-257
Third party examiner: means an individual who is an employee of a third party tester and who is certified by the Department to administer tests required for a commercial driver's license. See Virginia Code 46.2-341.4
Third party tester: means a person (including another state, a motor carrier, a private institution, the military, a government entity, including each comprehensive community college in the Virginia Community College System established by the State Board for Community Colleges pursuant to Chapter 29 of Title 23. See Virginia Code 46.2-341.4
Tier-city: means an incorporated community within a consolidated county that (i) has within defined boundaries a population of 5,000 or more, (ii) has been designated as a tier-city by the General Assembly, and (iii) has both the powers of a town and such additional powers as may be granted tier-cities by the General Assembly. See Virginia Code 1-252
To discontinue: shall mean the failure or refusal to sell a monthly allocation as defined herein to a distributor for a period of six consecutive months unless such failure or refusal is the direct and proximate result of force majeure;
6. See Virginia Code 59.1-21.18:2
To reduce: shall mean the failure or refusal of a supplier to deliver at least seventy-five per centum of a monthly allocation to a distributor for a period of two consecutive months unless such failure or refusal is the direct and proximate result of an allocation percentage factor applied by the supplier to all its distributors or force majeure;
7. See Virginia Code 59.1-21.18:2
Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Total annual energy savings: means (i) the total combined kilowatt-hour savings achieved by electric utility energy efficiency and demand response programs and measures installed in that program year, as well as savings still being achieved by measures and programs implemented in prior years, or (ii) savings attributable to newly installed combined heat and power facilities, including waste heat-to-power facilities, and any associated reduction in transmission line losses, provided that biomass is not a fuel and the total efficiency, including the use of thermal energy, for eligible combined heat and power facilitates must meet or exceed 65 percent and have a nameplate capacity rating of less than 25 megawatts. See Virginia Code 56-576
Tow truck: means a motor vehicle for hire (i) designed to lift, pull, or carry another vehicle by means of a hoist or other mechanical apparatus and (ii) having a manufacturer's gross vehicle weight rating of at least 10,000 pounds. See Virginia Code 46.2-100
Towing and recovery operator: means a person engaged in the business of (i) removing disabled vehicles, parts of vehicles, their cargoes, and other objects to facilities for repair or safekeeping and (ii) restoring to the highway or other location where they either can be operated or removed to other locations for repair or safekeeping vehicles that have come to rest in places where they cannot be operated. See Virginia Code 46.2-100
Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July one, nineteen hundred seventy-one, 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 15.2-102
Tractor truck: means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the load and weight of the vehicle attached thereto. See Virginia Code 46.2-100
Trade name: means any name used by a person to identify a business or enterprise. See Virginia Code 59.1-92.2
trade screening: means the showing of a motion picture by a distributor at some location within the Commonwealth or the District of Columbia or Prince Georges and Montgomery Counties, Maryland, which is open to any exhibitor from whom the distributor intends to solicit bids or with whom the distributor intends to negotiate for the right to exhibit the motion picture;
10. See Virginia Code 59.1-257
Trade secret: means information, including but not limited to, a formula, pattern, compilation, program, device, method, technique, or process, that:
1. See Virginia Code 59.1-336
Trademark: means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person from those manufactured or sold by others. See Virginia Code 59.1-92.2
Traffic control device: means a sign, signal, marking, or other device used to regulate, warn, or guide traffic placed on, over, or adjacent to a street, highway, private road open to public travel, pedestrian facility, or shared-use path by authority of a public agency or official having jurisdiction, or in the case of a private road open to public travel, by authority of the private owner or private official having jurisdiction. See Virginia Code 46.2-100
Traffic infraction: means a violation of law punishable as provided in § 46. See Virginia Code 46.2-100
Trailer: means every vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle, including manufactured homes. See Virginia Code 46.2-100
Training provider: means a person that provides entry-level driver training and that is (i) a Virginia licensed Class A driver training school or a Virginia certified third party tester and is listed on the federal Training Provider Registry or (ii) an entity that is otherwise licensed, certified, registered, or authorized to provide training in accordance with the laws of the Commonwealth or the applicable laws of another state and is listed on the federal Training Provider Registry. See Virginia Code 46.2-341.4
Transaction: means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs. See Virginia Code 59.1-480
Transmission system: means those facilities and equipment that are required to provide for the transmission of electric energy. See Virginia Code 56-576
Travel club: means a for-profit organization that provides, in return for either an advance fee for membership or an annual charge for membership of more than $100, the privilege for its members or participants to arrange or obtain future travel services through or from the organization. See Virginia Code 59.1-445
Travel services: means transportation by carrier; accommodations; rental of motor vehicles; or any other service related to travel. See Virginia Code 59.1-445
Travel services agreement: means the agreement executed in whole or in part in this Commonwealth between the travel club and the purchaser of the membership in such club and does not include arrangements or agreements for specific travel transportation, accommodation or other specific services. See Virginia Code 59.1-445
Trial franchise: means the same as provided in the Petroleum Marketing Practices Act (15 U. See Virginia Code 59.1-21.10
Truck: means every motor vehicle designed to transport property on its own structure independent of any other vehicle and having a registered gross weight in excess of 7,500 pounds. See Virginia Code 46.2-100
Unfinished dextromethorphan: means dextromethorphan in the form of a "bulk drug substance" as defined in § 54. See Virginia Code 18.2-265.19
Unlawful electronic communication device: means any electronic communication device that has been manufactured, designed, developed, altered, modified, programmed or reprogrammed, alone or in conjunction with another electronic communication device, so as to be capable of facilitating the disruption, acquisition, receipt, transmission, retransmission or decryption of an electronic communication service without the actual consent or knowledge of the electronic communication service provider. See Virginia Code 18.2-190.1
Use: means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. See Virginia Code 59.1-92.2
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.
utility: means any investor-owned public service company engaged in the business of furnishing natural gas service to the public. See Virginia Code 56-600
Utility vehicle: means a motor vehicle that is (i) designed for off-road use, (ii) powered by a motor, and (iii) used for general maintenance, security, agricultural, or horticultural purposes. See Virginia Code 46.2-100
Valid shares: means the shares of any class or series of the corporation that have been duly authorized and validly issued in accordance with this chapter, including as a result of ratification or validation under this article. See Virginia Code 13.1-614.1
VEDP: means the Virginia Economic Development Partnership Authority. See Virginia Code 59.1-284.38
VEDP: means the Virginia Economic Development Partnership Authority. See Virginia Code 59.1-284.42
Vehicle: means every device in, on or by which any person or property is or may be transported or drawn on a highway, except personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks. See Virginia Code 46.2-100
Video or computer game: means an object or device that stores recorded data or instructions, receives data or instructions generated by a person who uses it, and, by processing the data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, television gaming system, console, or other technology. See Virginia Code 18.2-390
Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Virginia Code 13.1-603
Warranty: means any implied warranty or any written warranty of the manufacturer, or any affirmations of fact or promise made by the manufacturer in connection with the sale or lease of a motor vehicle that become part of the basis of the bargain. See Virginia Code 59.1-207.11
Work: means the physical act of performing or preparing to perform any activity under, over, by, or near overhead high voltage lines, including, but not limited to, the operation, erection, handling, storage, or transportation of any tools, machinery, ladders, antennas, equipment, covered equipment, supplies, materials, or apparatus, or the moving of any house or other structure, whenever such activity is done by a person or entity in pursuit of his trade or business. See Virginia Code 59.1-407
Working day: means every day except Saturdays, Sundays, and legal state and federal holidays. See Virginia Code 59.1-407

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Virginia Code > Title 46.2 > Subtitle II – Titling, Registration and Licensure

Terms Used In Virginia Code > Title 46.2 > Subtitle II - Titling, Registration and Licensure

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