Terms Used In Virginia Code > Title 54.1 > Subtitle II - Professions and Occupations Regulated by the Department of Professional and Occupational Regulation and Boards within the Department

• Accessibility mechanic: means an individual who is engaged in erecting, constructing, installing, altering, servicing, repairing, testing or maintaining wheelchair lifts, incline chairlifts, dumbwaiters with a capacity limit of 300 pounds, and private residence elevators, in accordance with the Uniform Statewide Building Code (§ 36-97 et seq. See Virginia Code 54.1-1140
• Accredited asbestos training program: means a training program that has been approved by the Board to provide training for individuals to engage in asbestos abatement, conduct asbestos inspections, prepare management plans, prepare project designs or act as project monitors. See Virginia Code 54.1-500
• Accredited lead training program: means a training program that has been approved by the Board to provide training for individuals to engage in lead-based paint activities. See Virginia Code 54.1-500
• Accredited renovation training program: means a training program that has been approved by the Board to provide training for individuals to engage in renovation or dust clearance sampling. See Virginia Code 54.1-500
• Accredited residential building energy analyst training program: means a training program that has been approved by the Board to provide training for individuals to engage in blower door, duct blaster, or similar testing to measure energy efficiency, conduct energy modeling, prepare a residential building energy analysis report, and provide recommendations for improvements with return on investment or third-party verification for nationally accredited energy efficiency programs. See Virginia Code 54.1-1144
• Acquired entity: means the domestic or foreign corporation or eligible entity that will have all of one or more classes or series of shares or eligible interests acquired in a share exchange. See Virginia Code 13.1-715.1
• Acquiring entity: means the domestic or foreign corporation or eligible entity that will acquire all of one or more classes or series of shares or eligible interests of the acquired entity in a share exchange. See Virginia Code 13.1-715.1
• Act: means the Virginia Contractor Transaction Recovery Act. See Virginia Code 54.1-1118
• Act: means the Virginia Real Estate Transaction Recovery Act. See Virginia Code 54.1-2112
• Adult: means a person 18 years of age or more. See Virginia Code 1-203
• Adult basic education: means education for individuals over the age of compulsory school attendance specified in § 22. See Virginia Code 22.1-223
• Advertisement: means any information disseminated or placed before the public. See Virginia Code 54.1-2310
• Advisory Council: means the Electric Vehicle Rebate Program Advisory Council. See Virginia Code 67-1900
• Agency: means every relationship in which a real estate licensee acts for or represents a person as an agent by such person's express authority in a commercial or residential real estate transaction, unless a different legal relationship is intended and is agreed to as part of the brokerage agreement. See Virginia Code 54.1-2130
• Agency contract: means an agreement in which a student-athlete authorizes a person to negotiate or solicit on behalf of the student-athlete a professional sports services contract or endorsement contract. See Virginia Code 54.1-526
• Agent: means a real estate licensee who is acting as (i) a standard agent in a residential real estate transaction, (ii) a limited service agent in a residential real estate transaction, or (iii) an agent in a commercial real estate transaction. See Virginia Code 54.1-2130
• Agricultural liming material: means any limestone with calcium and magnesium compounds that has the capacity, and whose intended purpose is, to neutralize soil acidity. See Virginia Code 3.2-3700
• All-virtual public meeting: means a public meeting (i) conducted by a public body, other than those excepted pursuant to subsection C of § 2. See Virginia Code 2.2-3701
• Amateur: means an individual who has never participated in a boxing, martial arts, or professional wrestling event for money, compensation, or reward other than a suitably inscribed memento. See Virginia Code 54.1-828
• analysis: is a study of real estate or real property other than estimating value. See Virginia Code 54.1-2009
• 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.
• Applicant: means the person who applies for, or requests, a license, or applies for registration of any liming material; or applies to become a contractor. See Virginia Code 3.2-3700
• Appraisal: means an analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate or identified real property. See Virginia Code 54.1-2009
• Appraisal: A determination of property value.
• Appraisal management company: means a person or entity that (i) provides appraisal management services to creditors or to secondary mortgage market participants, including affiliates; (ii) provides such services in connection with valuing a consumer's principal dwelling as security for a consumer credit transaction or incorporating such transactions into securitizations; and (iii) within a 12-month calendar year, oversees an appraiser panel of more than 15 state-certified or state-licensed appraisers in a state or 25 or more state-certified or state-licensed appraisers in two or more states. See Virginia Code 54.1-2020
• Appraisal management services: means one or more of the following: (i) recruiting, selecting, and retaining appraisers; (ii) contracting with state-certified or state-licensed appraisers to perform appraisal assignments; (iii) managing the process of having an appraisal performed, including providing administrative services such as receiving appraisal orders and appraisal reports, submitting completed appraisal reports to creditors and secondary mortgage market participants, collecting fees from creditors and secondary mortgage market participants for services provided, and paying appraisers for services performed; and (iv) reviewing and verifying the work of appraisers. See Virginia Code 54.1-2020
• Appraisal report: means any communications, written or oral, of an appraisal. See Virginia Code 54.1-2009
• Appraisal services: means acting as an appraiser to provide an appraisal or appraisal review. See Virginia Code 54.1-2020
• Appraiser: means a person licensed or certified under § 54. See Virginia Code 54.1-2020
• Appraiser panel: means a network, list, or roster of licensed or certified appraisers approved by an appraisal management company to perform appraisals as independent contractors for the appraisal management company. See Virginia Code 54.1-2020
• Apprentice: means a person at least 16 years of age who is covered by a written agreement with an employer and approved by the Director. See Virginia Code 2.2-2043
• Architect: means a person who, by reason of his knowledge of the mathematical and physical sciences, and the principles of architecture and architectural design, acquired by professional education, practical experience, or both, is qualified to engage in the practice of architecture and whose competence has been attested by the Board through licensure as an architect. See Virginia Code 54.1-400
• Articles of incorporation: means all documents constituting, at any particular time, the charter of a corporation. See Virginia Code 13.1-603
• Asbestos: means the asbestiform varieties of actinolite, amosite, anthophyllite, chrysotile, crocidolite, and tremolite. See Virginia Code 54.1-500
• asbestos abatement project: means an activity involving job set-up for containment, removal, encapsulation, enclosure, encasement, renovation, repair, construction or alteration of an asbestos-containing material. See Virginia Code 54.1-500
• Asbestos analytical laboratory license: means an authorization issued by the Board to perform phase contrast, polarized light, or transmission electron microscopy on material known or suspected to contain asbestos. See Virginia Code 54.1-500
• Asbestos management plan: means a program designed to control or abate any potential risk to human health from asbestos. See Virginia Code 54.1-500
• Asbestos supervisor: means any person so designated by an asbestos contractor who provides on-site supervision and direction to the workers engaged in asbestos projects. See Virginia Code 54.1-500
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association: includes condominium, cooperative, or property owners' associations. See Virginia Code 54.1-2345
• At-need: means at the time of death or while death is imminent. See Virginia Code 54.1-2310
• Athlete agent: means an individual, whether or not registered under this chapter, who (i) directly or indirectly recruits or solicits a student-athlete to enter into an agency contract or, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for a student-athlete as a professional athlete or member of a professional sports team or organization; (ii) for compensation or in anticipation of compensation related to a student-athlete's participation in athletics (a) serves the student-athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution, or (b) manages the business affairs of the student-athlete by providing assistance with bills, payments, contracts, or taxes; (iii) in anticipation of representing a student-athlete for a purpose related to the student-athlete's participation in athletics (a) gives consideration to the student-athlete or another person, (b) serves the student-athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, or (c) manages the business affairs of the student-athlete by providing assistance with bills, payments, contracts, or taxes; or (iv) represents a student-athlete in connection with issues related to name, image, or likeness, including negotiating, securing, obtaining, arranging, and managing name, image, or likeness opportunities. See Virginia Code 54.1-526
• Athletic director: means the individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate. See Virginia Code 54.1-526
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Auction: means the sale of goods or real estate by means of exchanges between an auctioneer and members of his audience, the exchanges consisting of a series of invitations for offers made by the auctioneer, offers made by members of the audience, and acceptance by the auctioneer of the highest or most favorable offer. See Virginia Code 54.1-600
• Auctioneer: means any person who conducts or offers to conduct an auction. See Virginia Code 54.1-600
• Audiologist: means the same as that term is defined in § 54. See Virginia Code 54.1-1500
• Authority: means the Virginia Offshore Wind Development Authority created pursuant to this chapter. See Virginia Code 67-1200
• Authority: means the Virginia Commercial Space Flight Authority. See Virginia Code 2.2-2201
• Authority: means the Virginia Nuclear Energy Consortium Authority established pursuant to this chapter. See Virginia Code 67-1400
• Authority: means the Virginia Solar Energy Development and Energy Storage Authority created pursuant to this chapter. See Virginia Code 67-1500
• Authority: means the Southwest Virginia Energy Research and Development Authority created pursuant to this chapter. See Virginia Code 67-1600
• Authority: means the respective political subdivisions of the Commonwealth created in this subpart. See Virginia Code 2.2-2200
• Authorized shares: means the shares of all classes a domestic or foreign corporation is authorized to issue. See Virginia Code 13.1-603
• Balance of the fund: means cash, securities that are legal investments for fiduciaries under the provisions of subdivisions A 1, 2, and 4 of § 2. See Virginia Code 54.1-2112
• 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.
• Barber: means any person who shaves, shapes or trims the beard; cuts, singes, or dyes the hair or applies lotions thereto; applies, treats or massages the face, neck or scalp with oils, creams, lotions, cosmetics, antiseptics, powders, clays or other preparations in connection with shaving, cutting or trimming the hair or beard, and practices barbering for compensation and when such services are not performed for the treatment of disease. See Virginia Code 54.1-700
• Barbering: means any one or any combination of the following acts, when done on the human body for compensation and not for the treatment of disease, shaving, shaping and trimming the beard; cutting, singeing, or dyeing the hair or applying lotions thereto; applications, treatment or massages of the face, neck or scalp with oils, creams, lotions, cosmetics, antiseptics, powders, clays, or other preparations in connection with shaving, cutting or trimming the hair or a beard. See Virginia Code 54.1-700
• Barbershop: means any establishment or place of business within which the practice of barbering is engaged in or carried on by one or more barbers. See Virginia Code 54.1-700
• Base price: means the manufacturer's base price for the lowest price trim level of the model and shall not include charges for optional equipment, taxes, title, or registration fees. See Virginia Code 67-1900
• 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.
• Beneficial owner: means any person who, directly or indirectly, through any contract, arrangement, or understanding, other than a revocable proxy, has or shares the power to vote, or to direct the voting of, shares; except that a member of a national securities exchange is not deemed to be a beneficial owner of securities held directly or indirectly by it on behalf of another person solely because the member is the record holder of the securities if the member is precluded by the rules of the exchange from voting without instruction on contested matters or matters that may affect substantially the rights or privileges of the holders of the securities to be voted. See Virginia Code 13.1-729
• Beneficial ownership: means the sole or shared power to dispose or direct the disposition of shares, or the sole or shared power to vote or direct the voting of shares, or the sole or shared power to acquire shares, including any such power that is not immediately exercisable, whether such power is direct or indirect or through any contract, arrangement, understanding, relationship or otherwise. See Virginia Code 13.1-728.1
• Beneficial shareholder: means a person who is the beneficial owner of shares held in a voting trust or by a nominee on the beneficial owner's behalf. See Virginia Code 13.1-729
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Benefit corporation: means a corporation organized pursuant to the provisions of this chapter:

  1. See Virginia Code 13.1-782

• Bequest: Property gifted by will.
• Biennium: means a two-year period beginning on July 1 of an even-numbered year and continuing through June 30 of the next even-numbered year. See Virginia Code 54.1-1118
• Board: means the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects. See Virginia Code 54.1-400
• Board: means the Real Estate Appraiser Board. See Virginia Code 54.1-2009
• Board: means the Board of Medical Assistance Services. See Virginia Code 32.1-343
• Board: means the Board of Medical Assistance Services. See Virginia Code 32.1-353.2
• Board: means the Virginia Board for Asbestos, Lead, and Home Inspectors. See Virginia Code 54.1-500
• Board: means the Virginia Real Estate Appraiser Board. See Virginia Code 54.1-2020
• Board: means the Board for Waste Management Facility Operators. See Virginia Code 54.1-2209
• Board: means the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals. See Virginia Code 54.1-2300
• Board: means the Cemetery Board. See Virginia Code 54.1-2310
• Board: means the Board for Contractors. See Virginia Code 54.1-1100
• Board: means the Board for Hearing Aid Specialists and Opticians. See Virginia Code 54.1-1500
• Board: means the Fair Housing Board. See Virginia Code 54.1-2343
• Board: means the Board for Professional Soil Scientists, Wetland Professionals, and Geologists. See Virginia Code 54.1-2200
• Board: means the Real Estate Board. See Virginia Code 54.1-2112
• Board: means the Common Interest Community Board. See Virginia Code 54.1-2345
• Board: means the board of directors of the Authority. See Virginia Code 2.2-2201
• Board: means the board of directors of the Authority. See Virginia Code 67-1400
• Board: means the Board for Professional and Occupational Regulation. See Virginia Code 54.1-300
• Board: means the Auctioneers Board. See Virginia Code 54.1-600
• Board: means the Board for Barbers and Cosmetology. See Virginia Code 54.1-700
• Board: means the Board of Agriculture and Consumer Services. See Virginia Code 3.2-100
• Board of supervisors: means the governing body of a county. See Virginia Code 15.2-102
• Body-piercer: means any person who for remuneration penetrates the skin of a person to make a hole, mark, or scar, generally permanent in nature. See Virginia Code 54.1-700
• Body-piercing: means the act of penetrating the skin of a person to make a hole, mark, or scar, generally permanent in nature. See Virginia Code 54.1-700
• Body-piercing salon: means any place in which a fee is charged for the act of penetrating the skin of a person to make a hole, mark, or scar, generally permanent in nature. See Virginia Code 54.1-700
• Bond with surety: includes the payment in cash of the full amount of the required bond and, in such case, no surety shall be required. See Virginia Code 1-205
• Bonds: means any bonds, refunding bonds, notes, debentures, interim certificates, or any bond, grant, revenue anticipation notes or any other evidences of indebtedness or obligation of an authority, whether in temporary or definitive form and whether the interest thereon is exempt from federal income taxation. See Virginia Code 2.2-2200
• Boxer: means a person competing in the sport of boxing. See Virginia Code 54.1-828
• Boxing: means the contact sport of attack or defense using fists. See Virginia Code 54.1-828
• Brand: means a term, design, trademark or product name under which a regulated product is distributed. See Virginia Code 3.2-3600
• Brand: means the term, designation, trademark, product name or other specific designation under which any liming material is offered for sale. See Virginia Code 3.2-3700
• Brokerage agreement: means the written agreement creating a brokerage relationship between a client and a licensee. See Virginia Code 54.1-2130
• Brokerage relationship: means the contractual relationship between a client and a real estate licensee who has been engaged by such client for the purpose of procuring a seller, buyer, option, tenant, or landlord ready, able, and willing to sell, buy, option, exchange or rent real estate on behalf of a client. See Virginia Code 54.1-2130
• Cable television system: means any facility consisting of a set of closed transmission paths and associated equipment designed to provide video programming to multiple subscribers when subscriber interaction is required to select a specific video program for an access fee established by the cable television system for that specific video program. See Virginia Code 54.1-828
• Campground: means any area, place, parcel, or tract of land, by whatever name called, on which three or more campsites are occupied or intended for occupancy, or facilities are established or maintained, wholly or in part, for the accommodation of camping units for periods of overnight or longer, whether the use of the campsites and facilities is granted gratuitously, or by rental fee, lease, or conditional sale, or by covenants, restrictions, and easements, including any travel trailer camp, recreation camp, family campground, camping resort, or camping community. See Virginia Code 35.1-1
• Camping unit: means any device or vehicular type structure for use as temporary living quarters or shelter during periods of recreation, vacation, leisure time, or travel, including any tent, tent trailer, travel trailer, camping trailer, pickup camper, or motor home. See Virginia Code 35.1-1
• Candidate species: means those species formally recommended by the Director of the Department of Conservation and Recreation or other reliable data sources in writing to and accepted by the Commissioner for presentation to the Board for listing under this chapter. See Virginia Code 3.2-1000
• career and technical education: means an organized education program offering a sequence of courses that (i) may incorporate field, laboratory, and classroom instruction; (ii) emphasize career and technical occupational experiences; (iii) are designed to prepare individuals for further education and gainful employment; and (iv) are aligned with state or national program certification and accreditation standards, if such standards exist for the sequence of courses. See Virginia Code 22.1-227.01
• Cemetery: means any land or structure used or intended to be used for the interment of human remains. See Virginia Code 54.1-2310
• Cemetery company: means any person engaged in the business of (i) selling or offering for sale any grave or entombment right in a cemetery and representing to the public that the entire cemetery, a single grave, or entombment right therein will be perpetually cared for; (ii) selling property or services, vaults, grave liners, urns, memorials, markers, and monuments used in connection with interring or disposing of the remains or commemorating the memory of a deceased human being, where delivery of the property or performance of the service may be delayed more than 120 days after receipt of the initial payment on account of such sale; or (iii) maintaining a facility used for the interment or disposal of the remains and required to maintain perpetual care or preneed trust funds in accordance with this chapter. See Virginia Code 54.1-2310
• Certificate: means a document issued or authorized by the Commissioner indicating that a regulated article is not contaminated with a noxious weed. See Virginia Code 3.2-800
• Certification: means the process whereby the Department or any regulatory board issues a certificate on behalf of the Commonwealth to a person certifying that he possesses the character and minimum skills to engage properly in his profession or occupation. See Virginia Code 54.1-300
• Certified accessibility mechanic: means an individual who is certified by the Board in accordance with this article to engage in work as an accessibility mechanic. See Virginia Code 54.1-1140
• Certified food protection manager: means a person who has demonstrated proficiency in food safety issues, regulations, and techniques in maintaining a safe-food environment by passing a test and receiving a certification as part of a program that is accredited by the Board. See Virginia Code 35.1-1
• Certified general real estate appraiser: means an individual who meets the requirements for licensure that relate to the appraisal of all types of real estate and real property and is licensed as a certified general real estate appraiser. See Virginia Code 54.1-2009
• Certified interior designer: means a design professional who meets the criteria of education, experience, and testing in the rendering of interior design services established by the Board through certification as an interior designer. See Virginia Code 54.1-400
• Certified nursing facility: means any skilled nursing facility, skilled care facility, intermediate care facility, nursing or nursing care facility, or nursing home, whether freestanding or a portion of a freestanding medical care facility, that is certified for participation as a Medicare or Medicaid provider, or both, pursuant to Title XVIII and Title XIX of the United States Social Security Act, as amended, and § 32. See Virginia Code 32.1-353.2
• Certified residential real estate appraiser: means an individual who meets the requirements for licensure for the appraisal of (i) all types of real estate and real property that a licensed residential real estate appraiser is permitted to appraise and (ii) such other real estate and real property as the Board, by regulation, may permit. See Virginia Code 54.1-2009
• 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.
• Children with disabilities: means those persons (i) who are age two to 21, inclusive, having reached the age of two by the date specified in § 22. See Virginia Code 22.1-213
• City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
• Claimant: means any person with an unsatisfied judgment involving residential construction against a regulant, who has filed a verified claim under this Act. See Virginia Code 54.1-1118
• Claimant: means any person with an unsatisfied judgment against a regulant, who has filed a verified claim under this act. See Virginia Code 54.1-2112
• Claimant: means , upon proper application to the Director, a receiver for a common interest community manager appointed pursuant to § 54. See Virginia Code 54.1-2354.1
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Client: means a person who has entered into a brokerage relationship with a licensee. See Virginia Code 54.1-2130
• Closed meeting: means a meeting from which the public is excluded. See Virginia Code 2.2-3701
• Commercial real estate: means any real estate other than (i) real estate containing one to four residential units or (ii) real estate classified for assessment purposes under § 58. See Virginia Code 54.1-2130
• Commission: means the State Corporation Commission. See Virginia Code 67-1100
• Commission: means the State Corporation Commission of Virginia. See Virginia Code 13.1-603
• Commissioner: means the State Health Commissioner. See Virginia Code 35.1-1
• Commissioner: means the Commissioner of Agriculture and Consumer Services. See Virginia Code 3.2-100
• Common interest community: means real estate subject to a declaration containing lots, at least some of which are residential or occupied for recreational purposes, and common areas to which a person, by virtue of the person's ownership of a lot subject to that declaration, is a member of the association and is obligated to pay assessments of common expenses, provided that for the purposes of this chapter only, a common interest community does not include any time-share project registered pursuant to the Virginia Real Estate Time-Share Act (§ 55. See Virginia Code 54.1-2345
• Common interest community manager: means a person or business entity, including a partnership, association, corporation, or limited liability company, that, for compensation or valuable consideration, provides management services to a common interest community. See Virginia Code 54.1-2345
• 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.
• Common source information company: means any person, firm, or corporation that is a source, compiler, or supplier of information regarding real estate for sale or lease and other data and includes, but is not limited to, multiple listing services. See Virginia Code 54.1-2130
• compensation: shall include the receipt of (a) pay for work performed, such as that paid to contractors and subcontractors; (b) wages, including but not limited to those paid to employees of contractors, building owners, property management companies, child-occupied facilities operators, state and local government agencies, and nonprofit organizations; and (c) rent for housing constructed before January 1, 1978, or child-occupied facilities in public or commercial building space. See Virginia Code 54.1-500
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Compliance agent: means a natural person who owns or is employed by a cemetery company to assure the compliance of the cemetery company with the provisions of this chapter. See Virginia Code 54.1-2310
• Conditional zoning: means , as part of classifying land within a locality into areas and districts by legislative action, the allowing of reasonable conditions governing the use of such property, such conditions being in addition to, or modification of the regulations provided for a particular zoning district or zone by the overall zoning ordinance. See Virginia Code 15.2-2201
• Consortium: means the nonstock, nonprofit corporation established by the Authority pursuant to § 67-1404. See Virginia Code 67-1400
• Contract: A legal written agreement that becomes binding when signed.
• Contractor: means any person, that for a fixed price, commission, fee, or percentage undertakes to bid upon, or accepts, or offers to accept, orders or contracts for performing, managing, or superintending in whole or in part, the construction, removal, repair or improvement of any building or structure permanently annexed to real property owned, controlled, or leased by him or another person or any other improvements to such real property. See Virginia Code 54.1-1100
• Contractor: means any person who has been recognized by the Director, through a contract pursuant to § 54. See Virginia Code 54.1-828
• control: shall mean the possession, direct or indirect, of the power to direct or to cause the direction of the management or policies of a person, whether through the ownership of voting securities, by contract, arrangement or understanding, or otherwise. See Virginia Code 13.1-728.1
• Control share acquisition: means the direct or indirect acquisition, other than in an excepted acquisition, by any person of beneficial ownership of shares of a public corporation that, except for this article, would have voting rights and would, when added to all other shares of such public corporation which then have voting rights and are beneficially owned by such person, would cause such person to become entitled, immediately upon acquisition of such shares, to vote or direct the vote of, shares having voting power within any of the following ranges of the votes entitled to be cast in an election of directors: (i) one-fifth or more but less than one-third of such votes; (ii) one-third or more but less than a majority of such votes; or (iii) a majority or more of such votes. See Virginia Code 13.1-728.1
• Conversion: means a transaction pursuant to this article. See Virginia Code 13.1-722.8
• Converted entity: means the converting entity as it continues in existence after a conversion. See Virginia Code 13.1-722.8
• Converting entity: means the domestic corporation or eligible entity that approves a plan of conversion pursuant to § 13. See Virginia Code 13.1-722.8
• Corporation: includes any corporation and any domestic or foreign predecessor entity of a corporation in a merger or other transaction in which the predecessor's existence ceased upon consummation of the transaction. See Virginia Code 13.1-696
• Corporation: means a nonstock, nonprofit corporation or foundation established for the express purpose of promoting career and technical education in a school division within the meaning of § 501(c)(3) of the United States Internal Revenue Code. See Virginia Code 22.1-228
• Corporation: means the domestic corporation that is the issuer of the shares held by a shareholder demanding appraisal and, for matters covered by §§ 13. See Virginia Code 13.1-729
• Cosmetologist: means any person who administers cosmetic treatments; manicures or pedicures the nails of any person; arranges, dresses, curls, waves, cuts, shapes, singes, waxes, tweezes, shaves, bleaches, colors, relaxes, straightens, or performs similar work, upon human hair, or a wig or hairpiece, by any means, including hands or mechanical or electrical apparatus or appliances unless such acts as adjusting, combing, or brushing prestyled wigs or hairpieces do not alter the prestyled nature of the wig or hairpiece, and practices cosmetology for compensation. See Virginia Code 54.1-700
• Cosmetology: includes , but is not limited to, the following practices: administering cosmetic treatments; manicuring or pedicuring the nails of any person; arranging, dressing, curling, waving, cutting, shaping, singeing, waxing, tweezing, shaving, bleaching, coloring, relaxing, straightening, or similar work, upon human hair, or a wig or hairpiece, by any means, including hands or mechanical or electrical apparatus or appliances, but shall not include hair braiding upon human hair, or a wig or hairpiece, or such acts as adjusting, combing, or brushing prestyled wigs or hairpieces when such acts do not alter the prestyled nature of the wig or hairpiece. See Virginia Code 54.1-700
• Cosmetology salon: means any commercial establishment, residence, vehicle or other establishment, place or event wherein cosmetology is offered or practiced on a regular basis for compensation and may include the training of apprentices under regulations of the Board. See Virginia Code 54.1-700
• Council: means the Apprenticeship Council. See Virginia Code 2.2-2036
• Council: means the governing body of a city or town. See Virginia Code 15.2-102
• County: means any existing county or such unit hereafter created. See Virginia Code 15.2-102
• Course of instruction: means a formal course of instruction in the detection of deception and the verification of truth in an institution approved by the Director. See Virginia Code 54.1-1800
• Courts of record: means the Supreme Court of Virginia, the Court of Appeals of Virginia, and the circuit courts. See Virginia Code 1-212
• Creditor process: means all methods used by creditors to collect unsecured debts. See Virginia Code 34-1
• Cultural adult education: means English for speakers of other languages (ESOL), the preparation of foreign-born adults for participation in American life or for becoming American citizens, and other educational services for foreign-born individuals over the age of compulsory school attendance specified in § 22. See Virginia Code 22.1-223
• Customer: means a person who has not entered into a brokerage relationship with a licensee but for whom a licensee performs ministerial acts in a real estate transaction. See Virginia Code 54.1-2130
• Dealer: means a motor vehicle dealer licensed pursuant to Chapter 15 of Title 46. See Virginia Code 67-1900
• Debt: means a legally enforceable monetary obligation or liability of any individual whether arising out of a contract or otherwise, but not an obligation resulting from an intentional tort. See Virginia Code 34-1
• Decedent: A deceased person.
• Declaration: includes any amendment or supplement to the instruments described in this definition. See Virginia Code 54.1-2345
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Deficiency: means the amount of nutrient found by analysis to be less than that guaranteed, which may result from a lack of nutrient ingredients, or from lack of uniformity. See Virginia Code 3.2-3600
• delivery: means any method of delivery used in conventional commercial practice, including delivery by hand, mail, commercial delivery, and, if authorized in accordance with § 13. See Virginia Code 13.1-603
• Department: means the Department of Professional and Occupational Regulation. See Virginia Code 54.1-1800
• Department: means the Department of Professional and Occupational Regulation. See Virginia Code 54.1-2009
• Department: means the State Department of Health. See Virginia Code 32.1-3
• Department: means the Department of Professional and Occupational Regulation. See Virginia Code 54.1-2310
• Department: means the Department of Professional and Occupational Regulation. See Virginia Code 54.1-1100
• Department: means the Department of Professional and Occupational Regulation. See Virginia Code 54.1-2200
• Department: means the Department of Education. See Virginia Code 22.1-1
• Department: means the Department of Mines, Minerals and Energy. See Virginia Code 67-1900
• Department: means the Department of Professional and Occupational Regulation. See Virginia Code 54.1-300
• Department: means the State Department of Health. See Virginia Code 35.1-1
• Department: means the Department of Workforce Development and Advancement. See Virginia Code 2.2-2036
• Department: means the Department of Agriculture and Consumer Services. See Virginia Code 3.2-100
• Department: means the Department of Professional and Occupational Regulation or its successor. See Virginia Code 54.1-828
• Department: means the Department of Mines, Minerals and Energy. See Virginia Code 67-200
• Dependent: A person dependent for support upon another.
• Designated employee: means the contractor's full-time employee, or a member of the contractor's responsible management, who is at least 18 years of age and who has successfully completed the oral or written examination required by the Board on behalf of the contractor. See Virginia Code 54.1-1100
• designated representative: means a licensee who has been assigned by a principal or supervising broker to represent a client when a different client is also represented by such principal or broker in the same transaction. See Virginia Code 54.1-2130
• Developer: means any private developer of offshore wind energy projects. See Virginia Code 67-1200
• Developer: means any private developer of an energy development project in Southwest Virginia. See Virginia Code 67-1600
• Development: means a tract of land developed or to be developed as a unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three or more residential dwelling units. See Virginia Code 15.2-2201
• device: means any mechanical or electronic instrument or device, other than a polygraph, used to test or question individuals for the purpose of detecting deception or verifying truthfulness. See Virginia Code 54.1-1800
• Devise: To gift property by will.
• Director: means the Director of the Department of Professional and Occupational Regulation. See Virginia Code 54.1-1800
• Director: means the Director of the Department of Medical Assistance Services. See Virginia Code 32.1-343
• Director: means the Director of the Department of Professional and Occupational Regulation. See Virginia Code 54.1-2009
• Director: means the Director of the Department of Medical Assistance Services. See Virginia Code 32.1-353.2
• Director: means the Director of the Department of Professional and Occupational Regulation. See Virginia Code 54.1-1100
• Director: means the Director of the Department of Professional and Occupational Regulation. See Virginia Code 54.1-2112
• Director: means the Director of the Department of Professional and Occupational Regulation. See Virginia Code 54.1-2354.1
• Director: means the Director of the Department of Professional and Occupational Regulation. See Virginia Code 54.1-300
• Director: means the Director of the Department of Professional and Occupational Regulation. See Virginia Code 54.1-526
• Director: means the Director of the Department of Professional and Occupational Regulation. See Virginia Code 54.1-600
• Director: means the Director of Workforce Development and Advancement. See Virginia Code 2.2-2036
• Director: means the Director of the Department of Professional and Occupational Regulation. See Virginia Code 54.1-828
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Disposition: means the burial, interment, entombment, cremation, or other authorized disposition of a dead body permitted by law. See Virginia Code 32.1-309.1
• Disposition of assets: means any action undertaken by a nonprofit entity to dispose of control of all or substantially all of its assets pursuant to an agreement of sale, transfer, lease, exchange, option, joint venture, or partnership, or to convert to a for-profit entity or to otherwise restructure the nonprofit entity or its assets, resulting in a change in control or governance of the entity or assets. See Virginia Code 32.1-373
• Distance learning: means instruction delivered by an approved provider through a medium other than a classroom setting. See Virginia Code 54.1-2100
• Distribute: means to import, consign, manufacture, produce, compound, mix, blend, or in any way alter, the chemical or physical characteristics of a regulated product, or to offer for sale, sell, barter, warehouse or otherwise supply regulated product in the Commonwealth. See Virginia Code 3.2-3600
• Distribution: means a direct or indirect transfer of cash or other property, except the corporation's own shares, or incurrence of indebtedness by a corporation to or for the benefit of its shareholders in respect of any of its shares. See Virginia Code 13.1-603
• 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 67-1100
• Distributor: means any person who imports or consigns, manufactures, produces, compounds, mixes, or blends any liming material, or who offers for sale, sells, barters or otherwise supplies any liming material. See Virginia Code 3.2-3700
• Division: means the Division of Energy of the Department of Mines, Minerals and Energy. See Virginia Code 67-200
• Division superintendent: means the division superintendent of schools of a school division. See Virginia Code 22.1-1
• 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
• domestic corporation: means a corporation authorized by law to issue shares, irrespective of the nature of the business to be transacted, organized under this chapter or existing pursuant to the laws of the Commonwealth on January 1, 1986, or which, by virtue of articles of incorporation, amendment, or merger, has become a domestic corporation of the Commonwealth, even though also being a corporation organized under laws other than the laws of the Commonwealth, or that has become a domestic corporation of the Commonwealth pursuant to Article 12. See Virginia Code 13.1-603
• Domesticated corporation: means the domesticating corporation as it continues in existence after a domestication. See Virginia Code 13.1-722.1:1
• Domesticating corporation: means the domestic corporation that approves a plan of domestication pursuant to § 13. See Virginia Code 13.1-722.1:1
• Domestication: means a transaction pursuant to this article, including domestication of a foreign corporation as a domestic corporation or domestication of a domestic corporation in another jurisdiction, where the other jurisdiction authorizes such a transaction even if by another name. See Virginia Code 13.1-722.1:1
• Donee: The recipient of a gift.
• Donor: The person who makes a gift.
• dual representative: means a licensee who has a brokerage relationship with both seller and buyer, or both landlord and tenant, in the same real estate transaction. See Virginia Code 54.1-2130
• Dust clearance sampling: means an on-site collection of dust or other debris that is present after the completion of a renovation to determine the presence of lead-based paint hazards and the provisions of a report explaining the results. See Virginia Code 54.1-500
• Dust sampling technician: means an individual licensed by the Board to perform dust clearance sampling. See Virginia Code 54.1-500
• Educational institution: means a public or private (i) elementary school, (ii) secondary school, (iii) technical or vocational school, (iv) community college, or (v) institution of higher education. See Virginia Code 54.1-526
• Electric motor vehicle: includes fuel cell electric vehicles. See Virginia Code 67-1900
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Virginia Code 13.1-603
• Electronic communication: means the use of technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities to transmit or receive information. See Virginia Code 2.2-3701
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Electronic record: means information that is stored in an electronic or other nontangible medium and is retrievable in paper form through an automated process used in conventional commercial practice, unless otherwise authorized in accordance with subdivision A 10 of § 13. See Virginia Code 13.1-603
• Elementary: includes kindergarten. See Virginia Code 22.1-1
• Elevator mechanic: means an individual who is certified by the Board in accordance with this article to engage in erecting, constructing, installing, altering, servicing, repairing, testing or maintaining elevators, escalators, or related conveyances in accordance with the Uniform Statewide Building Code. See Virginia Code 54.1-1140
• Eligible entity: means a domestic or foreign unincorporated entity or a domestic or foreign nonstock corporation. See Virginia Code 13.1-603
• Eligible interests: means interests or memberships. See Virginia Code 13.1-603
• Emergency: means an unforeseen circumstance rendering the notice required by this chapter impossible or impracticable and which circumstance requires immediate action. See Virginia Code 2.2-3701
• Employee: means an individual who has an employment relationship acknowledged by both the individual and the company and is treated as an employee for purposes of compliance with federal income tax laws. See Virginia Code 54.1-2020
• Employee: includes , unless otherwise provided in the bylaws, an officer but not a director. See Virginia Code 13.1-603
• Employer: means any person or organization employing a registered apprentice, whether or not such person or organization is a party to an apprenticeship agreement with a sponsor. See Virginia Code 2.2-2043
• En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
• Endangered species: means any species or variety of plant life or insect life determined by the Board to be in danger of extinction throughout all or a significant part of its range other than a species determined by the Commissioner not to be in the best interest of the welfare of man. See Virginia Code 3.2-1000
• Endorsement contract: means an agreement under which a student-athlete is employed or receives consideration to use on behalf of the other party any value that the student-athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance. See Virginia Code 54.1-526
• Energy development project: means an electric generation facility located within Southwest Virginia and includes interests in land, improvements, and ancillary facilities. See Virginia Code 67-1600
• enrolls: means registered for courses and attending athletic practice or class. See Virginia Code 54.1-526
• 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.
• Entity: includes any domestic or foreign corporation; any domestic or foreign nonstock corporation; any domestic or foreign unincorporated entity; any estate or trust; and any state, the United States and any foreign government. See Virginia Code 13.1-603
• Entity: means one or more persons, partnerships, unincorporated associations, corporations or other organizations entitled to hold property in its own name. See Virginia Code 13.1-776
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Esthetician: means a person who engages in the practice of esthetics for compensation. See Virginia Code 54.1-700
• Esthetics: includes , but is not limited to, the following practices of administering cosmetic treatments to enhance or improve the appearance of the skin: cleansing, toning, performing effleurage or other related movements, stimulating, exfoliating, or performing any other similar procedure on the skin of the human body or scalp by means of cosmetic preparations, treatments, or any nonlaser device, whether by electrical, mechanical, or manual means, for care of the skin; applying make-up or eyelashes to any person, tinting or perming eyelashes and eyebrows, and lightening hair on the body except the scalp; and removing unwanted hair from the body of any person by the use of any nonlaser device, by tweezing, or by use of chemical or mechanical means. See Virginia Code 54.1-700
• Esthetics spa: means any commercial establishment, residence, vehicle, or other establishment, place, or event wherein esthetics is offered or practiced on a regular basis for compensation under regulations of the Board. See Virginia Code 54.1-700
• Evaluation: means an opinion of the market value of real property or real estate that may be utilized in connection with a real estate-related financial transaction where an appraisal by a state-certified or state-licensed appraiser is not required by the state or federal financial institution's regulatory agency engaging in, contracting for, or regulating such real estate-related financial transaction or regulating the financial institution or lender engaged in or about to engage in such real estate-related financial transaction. See Virginia Code 54.1-2009
• Event: means any boxing, martial arts, or professional wrestling show that includes one or more bouts, contests, or matches. See Virginia Code 54.1-828
• Ex officio: Literally, by virtue of one's office.
• Ex officio: means service by virtue of one's office and includes voting privileges for ex officio members unless otherwise provided. See Virginia Code 1-215
• Executor: A male person named in a will to carry out the decedent
• Exempt: means protected from all forms of creditor process. See Virginia Code 34-1
• Exemption: means protection from all forms of creditor process. See Virginia Code 34-1
• Exhibition: means any occurrence in which boxers or martial artists show or display skills without striving to win. See Virginia Code 54.1-828
• Expenses: means all reasonable and necessary expenses incurred in the performance of duties. See Virginia Code 2.2-2813
• Expenses: means reasonable expenses of any kind that are incurred in connection with a matter. See Virginia Code 13.1-603
• Fair Housing Law: means the provisions of Chapter 5. See Virginia Code 54.1-2343
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fair value: means the value of the corporation's shares determined:

  1. See Virginia Code 13.1-729

• 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
• Farmer: means any person who derives at least 75 percent of his gross income from a farming operation in the Commonwealth as reported on his federal income tax forms the previous year, or a farmer who receives or is eligible to receive a federal loan and who owns or leases land that would be eligible for special tax assessments pursuant to Article 4 (§ 58. See Virginia Code 3.2-500
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Federally related transaction: means any real estate-related financial transaction which:

  1. See Virginia Code 54.1-2009

• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fertilizer: means any substance containing one or more recognized plant nutrients, which is used for its plant nutrient content, and which is designed for use, or claimed to have value, in promoting plant growth. See Virginia Code 3.2-3600
• Fiduciary: A trustee, executor, or administrator.
• Filing entity: means an unincorporated entity other than a general partnership. See Virginia Code 13.1-603
• Fire sprinkler contractor: means a contractor that provides for the installation, repair, alteration, addition, testing, maintenance, inspection, improvement, or removal of sprinkler systems using water as a means of fire suppression when annexed to real property. See Virginia Code 54.1-1100
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foreign corporation: means a corporation authorized by law to issue shares, organized under laws other than the laws of the Commonwealth. See Virginia Code 13.1-603
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Friable: means that the material when dry may be crumbled, pulverized, or reduced to powder by hand pressure and includes previously nonfriable material after such previously nonfriable material becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure. See Virginia Code 54.1-500
• Fund: means the Virginia Contractor Transaction Recovery Fund. See Virginia Code 54.1-1118
• Fund: means the Virginia Real Estate Transaction Recovery Fund. See Virginia Code 54.1-2112
• Fund: means the Electric Vehicle Rebate Program Fund. See Virginia Code 67-1900
• Garden crypt: means a burial receptacle, usually constructed of reinforced concrete, installed in quantity on gravel or tile underlay. See Virginia Code 54.1-2310
• 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
• General adult education: means academic, cultural, and avocational instruction for individuals over the age of compulsory school attendance specified in § 22. See Virginia Code 22.1-223
• General public benefit: means a material positive impact on society and the environment taken as a whole, as measured by a third-party standard, from the business and operations of a benefit corporation. See Virginia Code 13.1-782
• Geologist: means a person engaged in the public practice of geology. See Virginia Code 54.1-2200
• Geology: means the science dealing with (i) the earth and its history in general; (ii) the investigation, prediction, evaluation, and location of materials and structures which compose the earth; (iii) the natural processes that cause changes in the earth; and (iv) the application of knowledge of the earth, its processes, and its constituent rocks, minerals, liquids, gases, and other natural materials. See Virginia Code 54.1-2200
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Goods: means any chattels, merchandise, real or personal property, or commodities of any form or type which may be lawfully kept or offered for sale. See Virginia Code 54.1-600
• Governing board: means the governing board of an association, including the executive organ of a condominium unit owners' association, the executive board of a cooperative proprietary lessees' association, and the board of directors or other governing body of a property owners' association. See Virginia Code 54.1-2345
• Governing body: means the board of supervisors of a county, council of a city, or council of a town, as the context may require. See Virginia Code 15.2-102
• 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}
• Grantor: The person who establishes a trust and places property into it.
• Grave: means a below-ground right of interment. See Virginia Code 54.1-2310
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guarantor: means the person whose name appears on the label of a regulated product. See Virginia Code 3.2-3600
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Hearing aid: means any wearable instrument or device designed or offered to aid or compensate for impaired human hearing and any parts, attachments, or accessories, including earmolds, but excluding batteries and cords. See Virginia Code 54.1-1500
• Home inspection: means any inspection of a residential building for compensation conducted by a licensed home inspector. See Virginia Code 54.1-500
• Home inspector: means a person who meets the criteria of education, experience, and testing required by this chapter and regulations of the Board and who has been licensed by the Board to perform home inspections. See Virginia Code 54.1-500
• Homestead exemption: means that exemption created by § 34-4. See Virginia Code 34-1
• Hotel: means any place offering to the public for compensation transitory lodging or sleeping accommodations, overnight or otherwise, including facilities known by varying nomenclatures or designations as hotels, motels, travel lodges, tourist homes, or hostels. See Virginia Code 35.1-1
• Householder: means any resident of Virginia. See Virginia Code 34-1
• Improper or dishonest conduct: includes only the wrongful taking or conversion of money, property or other things of value which involves fraud, material misrepresentation or conduct constituting gross negligence, continued incompetence, or intentional violation of the Uniform Statewide Building Code (§ 36-97 et seq. See Virginia Code 54.1-1118
• Improper or dishonest conduct: includes only the wrongful and fraudulent taking or conversion of money, property or other things of value or material misrepresentation or deceit. See Virginia Code 54.1-2112
• improvement: shall include (i) remediation, cleanup, or containment of premises to remove contaminants or (ii) site work necessary to make certain real property usable for human occupancy according to the guidelines established pursuant to § 32. See Virginia Code 54.1-1100
• Improvements to real property: means any valuable addition or amelioration made to land and generally whatever is erected on or affixed to land which is intended to enhance its value, beauty or utility, or adapt it to new or further purposes. See Virginia Code 54.1-400
• in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Chapter 42. See Virginia Code 1-257
• In-person communication: means face-to-face communication and telephonic communication. See Virginia Code 54.1-2310
• Includes: means includes, but not limited to. See Virginia Code 1-218
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Independent: means having no material relationship with a benefit corporation or a subsidiary of the benefit corporation, either directly as a shareholder of the benefit corporation or as a partner, a member, or an owner of a subsidiary of the benefit corporation or indirectly as a director, an officer, an owner, or a manager of an entity that has a material relationship with the benefit corporation or a subsidiary of the benefit corporation. See Virginia Code 13.1-782
• Independent contractor: means a real estate licensee who (i) enters into a brokerage relationship based upon a brokerage agreement that specifically states that the real estate licensee is acting as an independent contractor and not as an agent; (ii) shall have the obligations agreed to by the parties in the brokerage agreement; and (iii) shall comply with the provisions of subdivisions A 3 through 7 and subsections B and E of § 54. See Virginia Code 54.1-2130
• Individual: means a natural person. See Virginia Code 13.1-603
• Industrial co-product used to neutralize soil acid: means a waste or by-product of an industrial process that contains any compound not normally found in limestone that has the capacity, and whose intended purpose is, to neutralize soil acidity. See Virginia Code 3.2-3700
• Infested: means the establishment of a noxious weed or exposure to such weed, which would be reasonable cause to believe that establishment could occur. See Virginia Code 3.2-800
• inhabitants: means with reference to any county, city, town, political subdivision of the Commonwealth or any combination thereof, the natural persons in such county, city, town, political subdivision or combination as shown by the unadjusted United States decennial census last preceding the time at which any provision dependent upon population is being applied or the time as of which it is being construed. See Virginia Code 1-235
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Innovation: means a new or creative alternative to existing instructional or administrative practices or school structures that evidence-based practice suggests will be effective in improving student learning and educational performance. See Virginia Code 22.1-212.28
• insect life: means any species of the class Insecta. See Virginia Code 3.2-1000
• Inspection: means a method of regulation whereby a state agency periodically examines the activities and premises of practitioners of an occupation or profession to ascertain if the practitioner is carrying out his profession or occupation in a manner consistent with the public health, safety and welfare. See Virginia Code 54.1-300
• Intercollegiate sport: means a sport played at the collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association that promotes or regulates collegiate athletics. See Virginia Code 54.1-526
• Interest: means interest from the date the corporate action becomes effective until the date of payment, at the average rate currently paid by the corporation on its principal bank loans or, if none, at a rate that is fair and equitable under all the circumstances. See Virginia Code 13.1-729
• Interest: means either or both of the following rights under the organic law governing an unincorporated entity:

  1. See Virginia Code 13.1-603

• Interest holder: means a person who holds of record an interest. See Virginia Code 13.1-603
• Interest holder liability: means :

  1. See Virginia Code 13.1-603

• Interested transaction: means a corporate action described in subsection A of § 13. See Virginia Code 13.1-729
• Interment: means all forms of final disposal of human remains including, but not limited to, earth burial, mausoleum entombment and niche or columbarium inurnment. See Virginia Code 54.1-2310
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Intestate: Dying without leaving a will.
• Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
• Joint apprenticeship committee: means a group equally representative of management and labor representatives that works under a bargaining agreement and is established to carry out the administration of an apprenticeship training program. See Virginia Code 2.2-2043
• Judgment: includes an order of a United States Bankruptcy Court (i) declaring a claim against a regulant who is in bankruptcy to be a "Debt Nondischargeable in Bankruptcy" (ii) extinguishing a claim against a regulant who is in bankruptcy and for which claim no distribution was made from the regulant's bankruptcy estate but excluding any such claim disallowed by order of the bankruptcy court, or (iii) extinguishing a claim against a regulant who is in bankruptcy and for which claim only partial distribution was made from the regulant's bankruptcy estate. See Virginia Code 54.1-1118
• Judgment: includes an order of a United States Bankruptcy Court (i) declaring a claim against a regulant who is in bankruptcy to be a "Debt Nondischargeable in Bankruptcy" (ii) extinguishing a claim against a regulant who is in bankruptcy and for which claim no distribution was made from the regulant's bankruptcy estate but excluding any such claim disallowed by order of the bankruptcy court, or (iii) extinguishing a claim against a regulant who is in bankruptcy and for which claim only partial distribution was made from the regulant's bankruptcy estate. See Virginia Code 54.1-2112
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Jurisdiction of formation: means the state or country the law of which includes the organic law governing a domestic or foreign corporation or eligible entity. See Virginia Code 13.1-603
• Label: means the display of all written, printed, or graphic matter, upon the immediate container, or a statement accompanying a regulated product, including an invoice. See Virginia Code 3.2-3600
• Label: means any written or printed matter on, or attached to, the package, or on the delivery ticket that accompanies bulk shipments, of any liming material. See Virginia Code 3.2-3700
• Labeling: means all written, printed, or graphic matter, upon or accompanying any regulated product, including invoices, advertisements, brochures, posters, television and radio announcements, and internet content used in promoting the sale of the regulated product. See Virginia Code 3.2-3600
• Laboring person: means any person who receives wages for his services. See Virginia Code 34-1
• Land surveyor: means a person who, by reason of his knowledge of the several sciences and of the principles of land surveying, and of the planning and design of land developments acquired by practical experience and formal education, is qualified to engage in the practice of land surveying, and whose competence has been attested by the Board through licensure as a land surveyor. See Virginia Code 54.1-400
• Landscape architect: means a person who, by reason of his special knowledge of natural, physical and mathematical sciences, and the principles and methodology of landscape architecture and landscape architectural design acquired by professional education, practical experience, or both, is qualified to engage in the practice of landscape architecture and whose competence has been attested by the Board through licensure as a landscape architect. See Virginia Code 54.1-400
• Lead abatement: means any measure or set of measures designed to permanently eliminate lead-based paint hazards, including lead-contaminated dust or soil. See Virginia Code 54.1-500
• Lead contractor: means a person who has met the Board's requirements and has been issued a license by the Board to enter into contracts to perform lead abatements. See Virginia Code 54.1-500
• Lead inspection: means a surface-by-surface investigation to determine the presence of lead-based paint and the provisions of a report explaining the results of the investigation. See Virginia Code 54.1-500
• Lead inspector: means an individual who has been licensed by the Board to conduct lead inspections and abatement clearance testing. See Virginia Code 54.1-500
• Lead project design: means any descriptive form written as instructions or drafted as a plan describing the construction or setting up of a lead abatement project area and the work practices to be utilized during the lead abatement project. See Virginia Code 54.1-500
• Lead project designer: means an individual who has been licensed by the Board to prepare lead project designs. See Virginia Code 54.1-500
• Lead risk assessment: means (i) an on-site investigation to determine the existence, nature, severity and location of lead-based paint hazards and (ii) the provision of a report by the individual or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards. See Virginia Code 54.1-500
• Lead risk assessor: means an individual who has been licensed by the Board to conduct lead inspections, lead risk assessments and abatement clearance testing. See Virginia Code 54.1-500
• Lead supervisor: means an individual who has been licensed by the Board to supervise lead abatements. See Virginia Code 54.1-500
• Lead-based paint: means paint or other surface coatings that contain lead equal to or in excess of 1. See Virginia Code 54.1-500
• Lead-contaminated dust: means surface dust that contains an area or mass concentration of lead at or in excess of levels identified by the Environmental Protection Agency pursuant to § 403 of TSCA (15 U. See Virginia Code 54.1-500
• Lead-contaminated soil: means bare soil that contains lead at or in excess of levels identified by the Environmental Protection Agency. See Virginia Code 54.1-500
• 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}
• Legatee: A beneficiary of a decedent
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Liability: means the obligation to pay a judgment, settlement, penalty, fine, including any excise tax assessed with respect to an employee benefit plan, or expenses incurred with respect to a proceeding. See Virginia Code 13.1-696
• Licensed hearing aid specialist: means any person who is the holder of a hearing aid specialist license issued by the Board for Hearing Aid Specialists and Opticians. See Virginia Code 54.1-1500
• Licensed optician: means any person who is the holder of an optician license issued by the Board for Hearing Aid Specialists and Opticians. See Virginia Code 54.1-1500
• Licensed optometrist: means any person authorized by Virginia law to practice optometry. See Virginia Code 54.1-1500
• Licensed physician: means any person licensed by the Board of Medicine to practice medicine and surgery. See Virginia Code 54.1-1500
• Licensed residential building energy analyst: means an individual who has successfully completed an accredited residential building energy analyst training program or meets the criteria of experience required by this article and regulations of the Board and who has been licensed by the Board. See Virginia Code 54.1-1144
• Licensed residential real estate appraiser: means an individual who meets the requirements for licensure for the appraisal of any residential real estate or real property of one to four family residential units as the Board, by regulation, may permit, and such other real estate and real property as the Board, by regulation, may permit. See Virginia Code 54.1-2009
• Licensee: means any person holding a valid license issued by the Board. See Virginia Code 54.1-2310
• Licensee: means real estate brokers and salespersons as defined in Article 1 (§ 54. See Virginia Code 54.1-2130
• Licensee: means the person who receives a license to distribute any regulated product under the provisions of this chapter. See Virginia Code 3.2-3600
• licensee: means the person issued a license to distribute any liming material in the Commonwealth. See Virginia Code 3.2-3700
• Licensure: means a method of regulation whereby the Commonwealth, through the issuance of a license, authorizes a person possessing the character and minimum skills to engage in the practice of a profession or occupation that is unlawful to practice without a license. See Virginia Code 54.1-300
• Lien: A claim against real or personal property in satisfaction of a debt.
• Liming material: means any agricultural liming material and any industrial co-product used to neutralize soil acid. See Virginia Code 3.2-3700
• Limited service agent: means a licensee who acts for or represents a client in a residential real estate transaction pursuant to a brokerage agreement that provides that the limited service agent will not provide one or more of the duties set forth in subdivision A 2 of §§ 54. See Virginia Code 54.1-2130
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• local governing body: means the board of supervisors of a county, council of a city, or council of a town, responsible for appropriating funds for such locality, as the context may require. See Virginia Code 22.1-1
• local government: shall be construed to mean a county, city, or town as the context may require. See Virginia Code 15.2-102
• Local planning commission: means a municipal planning commission or a county planning commission. See Virginia Code 15.2-2201
• Locality: has the meaning ascribed thereto in § 15. See Virginia Code 67-1100
• Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
• Lost shareholder: means a shareholder shown by the records of a corporation to have been a shareholder for more than seven years but who, throughout that period, neither claimed a dividend or other sum nor corresponded in writing with the corporation or otherwise indicated an interest as evidenced by a memorandum or other record on file with the corporation and the corporation does not know the location of the shareholder at the end of such seven-year period. See Virginia Code 13.1-776
• Lot: means (i) any plot or parcel of land designated for separate ownership or occupancy shown on a recorded subdivision plat for a development or the boundaries of which are described in the declaration or in a recorded instrument referred to or expressly contemplated by the declaration, other than a common area, and (ii) a unit in a condominium association or a unit in a real estate cooperative. See Virginia Code 54.1-2345
• Lot: means an identifiable quantity of produced material that can be sampled officially according to AOAC International procedures, up to and including a freight car load or 50 tons maximum, or that amount contained in a single vehicle, or that amount delivered under a single invoice. See Virginia Code 3.2-3600
• Major disaster: means any hurricane, flood, or drought that would warrant a disaster declaration request by the Governor pursuant to the provisions of Section 301 of Public Law 93-288, 42 U. See Virginia Code 3.2-500
• Management services: means (i) acting with the authority of an association in its business, legal, financial, or other transactions with association members and nonmembers; (ii) executing the resolutions and decisions of an association or, with the authority of the association, enforcing the rights of the association secured by statute, contract, covenant, rule, or bylaw; (iii) collecting, disbursing, or otherwise exercising dominion or control over money or other property belonging to an association; (iv) preparing budgets, financial statements, or other financial reports for an association; (v) arranging, conducting, or coordinating meetings of an association or the governing body of an association; (vi) negotiating contracts or otherwise coordinating or arranging for services or the purchase of property and goods for or on behalf of an association; or (vii) offering or soliciting to perform any of the aforesaid acts or services on behalf of an association. See Virginia Code 54.1-2345
• Manufacturer: means any person who manufactures, produces, compounds, mixes, blends, or in any way alters the chemical or physical characteristics of any regulated product. See Virginia Code 3.2-3600
• Martial artist: means a person competing in the sport of martial arts. See Virginia Code 54.1-828
• Master esthetician: means a licensed esthetician who, in addition to the practice of esthetics, offers to the public for compensation, without the use of laser technology, lymphatic drainage, chemical exfoliation, or microdermabrasion, and who has met such additional requirements as determined by the Board to practice lymphatic drainage, chemical exfoliation with products other than Schedules II through VI controlled substances as defined in the Drug Control Act (§ 54. See Virginia Code 54.1-700
• Matchmaker: means any person who proposes, selects, arranges for, or in any manner procures specific individuals to be contestants in an event. See Virginia Code 54.1-828
• Mausoleum crypt: means a burial receptacle usually constructed of reinforced concrete and usually constructed or assembled above the ground and is considered real property. See Virginia Code 54.1-2310
• Medical care facility: means any institution, place, building, or agency, whether or not licensed or required to be licensed by the Board or the Department of Behavioral Health and Developmental Services, whether operated for profit or nonprofit, and whether privately owned or privately operated or owned or operated by a local governmental unit, (i) by or in which health services are furnished, conducted, operated, or offered for the prevention, diagnosis, or treatment of human disease, pain, injury, deformity, or physical condition, whether medical or surgical, of two or more nonrelated persons who are injured or physically sick or have mental illness, or for the care of two or more nonrelated persons requiring or receiving medical, surgical, nursing, acute, chronic, convalescent, or long-term care services, or services for individuals with disabilities, or (ii) which is the recipient of reimbursements from third-party health insurance programs or prepaid medical service plans. See Virginia Code 32.1-3
• meetings: means the meetings including work sessions, when sitting physically, or through electronic communication means pursuant to § 2. See Virginia Code 2.2-3701
• Member: means a member of the Consortium. See Virginia Code 67-1400
• Merger: means a business combination pursuant to § 13. See Virginia Code 13.1-715.1
• Merger: means a transaction pursuant to § 13. See Virginia Code 13.1-603
• Middle school: means separate schools for early adolescents and the middle school grades that might be housed at elementary or high schools. See Virginia Code 22.1-1
• Ministerial acts: means those routine acts which a licensee can perform for a person which do not involve discretion or the exercise of the licensee's own judgment. See Virginia Code 54.1-2130
• Mixed fertilizer: means a fertilizer containing any combination or mixture of fertilizer materials. See Virginia Code 3.2-3600
• Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Move: means to ship, offer for shipment, receive for transportation, carry, or otherwise transport, move, or allow to be moved, except for bona fide agricultural purposes including the management, tilling, planting, or harvesting of agricultural products. See Virginia Code 3.2-800
• Multidivision online provider: means (i) a private or nonprofit organization that enters into a contract with a local school board to provide online courses or programs through that school board to students who reside in Virginia both within and outside the geographical boundaries of that school division; (ii) a private or nonprofit organization that enters into contracts with multiple local school boards to provide online courses or programs to students in grades K through 12 through those school boards; or (iii) a local school board that provides online courses or programs to students who reside in Virginia but outside the geographical boundaries of that school division. See Virginia Code 22.1-212.23
• Nail care: means manicuring or pedicuring natural nails or performing artificial nail services. See Virginia Code 54.1-700
• Nail salon: means any commercial establishment, residence, vehicle or other establishment, place or event wherein nail care is offered or practiced on a regular basis for compensation and may include the training of apprentices under regulations of the Board. See Virginia Code 54.1-700
• Nail technician: means any person who for compensation manicures or pedicures natural nails, or who performs artificial nail services for compensation, or any combination thereof. See Virginia Code 54.1-700
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• New interest holder liability: means interest holder liability of a person, resulting from a merger or share exchange, that is (i) in respect of an entity which is different from the entity in which the person held shares or eligible interests immediately before the merger or share exchange became effective or (ii) in respect of the same entity as the one in which the person held shares or eligible interests immediately before the merger or share exchange became effective if (a) the person did not have interest holder liability immediately before the merger or share exchange became effective or (b) the person had interest holder liability immediately before the merger or share exchange became effective, the terms and conditions of which were changed when the merger or share exchange became effective. See Virginia Code 13.1-715.1
• Nonlegislative citizen member: means any natural person who is not a member of the General Assembly of Virginia. See Virginia Code 1-225
• Nonprofit entity: means (i) a foreign or domestic nonstock corporation licensed and subject to regulation under Chapter 42 of Title 38. See Virginia Code 32.1-373
• Notary: means notary public. See Virginia Code 1-226
• Noxious weed: means any living plant, or part thereof, declared by the Board through regulations under this chapter to be detrimental to crops, surface waters, including lakes, or other desirable plants, livestock, land, or other property, or to be injurious to public health, the environment, or the economy, except when in-state production of such living plant, or part thereof, is commercially viable or such living plant is commercially propagated in Virginia. See Virginia Code 3.2-800
• Nuisance birds: means blackbirds, red-winged blackbirds, grackles, cowbirds, pigeons, and starlings, or any other species so declared by regulations of the Board when causing or about to cause economic losses in the Commonwealth; becoming detrimental to the public health and welfare; defacing or defiling public or private property or otherwise creating a public nuisance. See Virginia Code 3.2-900
• Nursery: means any premises where nursery stock is propagated, grown, fumigated, treated, packed, stored, or otherwise prepared for sale or distribution. See Virginia Code 3.2-3800
• Nursery stock: means all trees, shrubs, woody vines (including ornamentals), bush fruits, grapevines, fruit trees, and nut trees offered for sale and distribution; all buds, grafts, scions, and cuttings from such plants; and any container, soil, and other packing material with such plants or plant products. See Virginia Code 3.2-3800
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• officer: includes , unless the context requires otherwise, the estate or personal representative of a director or officer. See Virginia Code 13.1-696
• Official analysis: means the analysis of an official sample, made by the Commissioner. See Virginia Code 3.2-3600
• Official map: means a map of legally established and proposed public streets, waterways, and public areas adopted by a locality in accordance with the provisions of Article 4 (§ 15. See Virginia Code 15.2-2201
• Official public government website: means any Internet site controlled by a public body and used, among any other purposes, to post required notices and other content pursuant to this chapter on behalf of the public body. See Virginia Code 2.2-3701
• Official sample: means the sample of regulated product taken by the Commissioner. See Virginia Code 3.2-3600
• Offshore wind energy project: means a wind-powered electric energy facility, including tower, turbine, and associated equipment, located off the coast of the Commonwealth beyond the Commonwealth's three-mile jurisdictional limit, and includes interests in land, improvements, and ancillary facilities. See Virginia Code 67-1200
• Online course: means a course or grade-level subject instruction that (i) is delivered by a multidivision online provider primarily electronically using the Internet or other computer-based methods and (ii) is taught by a teacher primarily from a remote location, with student access to the teacher given synchronously, asynchronously, or both. See Virginia Code 22.1-212.23
• Onsite sewage system: means a conventional onsite sewage system or alternative onsite sewage system as defined in § 32. See Virginia Code 54.1-2300
• 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}
• Operator: means any individual employed or appointed by any owner, and who is designated by such owner to be the person in responsible charge, such as a supervisor, a shift operator, or a substitute in charge, and whose duties include testing or evaluation to control waterworks or wastewater works operations or to operate and maintain onsite sewage systems. See Virginia Code 54.1-2300
• Optician: means any person not exempted by § 54. See Virginia Code 54.1-1500
• Organic law: means the statute governing the internal affairs of a domestic or foreign corporation or eligible entity. See Virginia Code 13.1-603
• Organic rules: means the public organic record and private organic rules of a domestic or foreign corporation or eligible entity. See Virginia Code 13.1-603
• Over-the-counter hearing aid: means an air-conduction hearing aid that does not require implantation or other surgical intervention and is intended for use by a person age 18 or older to compensate for perceived mild to moderate hearing impairment. See Virginia Code 54.1-1500
• Owner: means the Commonwealth of Virginia, or any political subdivision thereof, any public or private institution, corporation, association, firm or company organized or existing under the laws of this Commonwealth or of any other state or nation, or any person or group of persons acting individually or as a group, who own, manage, or maintain waterworks or wastewater works. See Virginia Code 54.1-2300
• Owner-developer: means any person who, for a third party purchaser, orders or supervises the construction, removal, repair, or improvement of any building or structure permanently annexed to real property owned, controlled, or leased by the owner-developer, or any other improvement to such property and who contracts with a person licensed in accordance with this chapter for the work undertaken. See Virginia Code 54.1-1100
• parents: means any parent, guardian, legal custodian, or other person having control or charge of a child. See Virginia Code 22.1-1
• Participating dealer: means a dealer who is participating in the Program. See Virginia Code 67-1900
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Party: means an individual who was, is, or is threatened to be made a defendant or respondent in a proceeding. See Virginia Code 13.1-696
• Party to a merger: means any domestic or foreign corporation or eligible entity that will merge under a plan of merger. See Virginia Code 13.1-715.1
• Party to a share exchange: means any domestic or foreign corporation or eligible entity that is an acquired entity or an acquiring entity under a plan of share exchange. See Virginia Code 13.1-715.1
• Permit: means a document issued or authorized by the Commissioner to provide for movement of regulated articles to restricted destinations for limited handling, utilization, processing, or for scientific purposes. See Virginia Code 3.2-800
• Perpetual care trust fund: means a fund created to provide income to a cemetery to provide care, maintenance, administration and embellishment of the cemetery. See Virginia Code 54.1-2310
• Person: means the term as defined in § 1-230. See Virginia Code 3.2-3800
• Person: means any natural person, partnership, association, corporation or trust. See Virginia Code 54.1-1800
• Person: means an individual, corporation, partnership, association, governmental body, municipal corporation or any other legal entity. See Virginia Code 54.1-2209
• Person: means any individual, group of individuals, a corporation, a partnership, a business trust, an association or other similar legal entity engaged in operating waterworks or wastewater works. See Virginia Code 54.1-2300
• Person: means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association or any other individual or entity. See Virginia Code 54.1-500
• Person: means an individual, corporation, partnership, or association or any other legal entity. See Virginia Code 32.1-3
• Person: means any individual, firm, corporation, association, partnership, joint venture, or other legal entity. See Virginia Code 54.1-1100
• Person: means the term as defined in § 1-230. See Virginia Code 3.2-800
• Person: means the term as defined in § 1-230. See Virginia Code 3.2-900
• Person: means an individual, corporation, partnership, association, or any other legal entity. See Virginia Code 35.1-1
• Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality or other legal entity. See Virginia Code 54.1-526
• Person: includes an individual and an entity. See Virginia Code 13.1-603
• Person: includes an associate of any person. See Virginia Code 13.1-728.1
• Person: means any natural person, association, partnership, or corporation, and the officers, directors, and employees of a corporation. See Virginia Code 54.1-600
• Person: means a natural person, corporation, partnership, sole proprietorship, firm, enterprise, franchise, association or any other entity. See Virginia Code 54.1-828
• Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
• Personal estate: includes chattels real and such other estate as, upon the death of the owner intestate, would devolve upon his personal representative. See Virginia Code 1-233
• Personal representative: includes the executor of a will or the administrator of the estate of a decedent, the administrator of such estate with the will annexed, the administrator of such estate unadministered by a former representative, whether there is a will or not, any person who is under the order of a circuit court to take into his possession the estate of a decedent for administration, and every other curator of a decedent's estate, for or against whom suits may be brought for causes of action that accrued to or against the decedent. See Virginia Code 1-234
• Plan: means the Virginia Energy Plan prepared pursuant to this chapter, including any updates thereto. See Virginia Code 67-200
• Planning district commission: means a regional planning agency chartered under the provisions of Chapter 42 (§ 15. See Virginia Code 15.2-2201
• planning of land and subdivisions thereof: shall include , but not be limited to, the preparation of incidental plans and profiles for roads, streets and sidewalks, grading, drainage on the surface, culverts and erosion control measures, with reference to existing state or local standards. See Virginia Code 54.1-400
• plant life: means any member of the plant kingdom, including spores, leaves, stems, branches, flowers, seeds, roots, and other parts or products thereof. See Virginia Code 3.2-1000
• Plant pest: means any living stage of insects, mites, nematodes, slugs, snails, protozoa, other invertebrate animals, bacteria, fungi, other parasitic plants, parasitic plant parts, viruses, any other similar organism, or any infectious substances that can injure, infect, or damage any plants or plant products. See Virginia Code 3.2-3800
• Plants or plant products: means any trees, shrubs, vines, forage, fiber, cereal, and all other plants; cuttings, grafts, scions, buds, and all other plant parts; fruit, vegetables, roots, bulbs, seeds, wood, lumber, and all other plant products; or any container, soil, and packing material with plants or plant products. See Virginia Code 3.2-3800
• plat of subdivision: means the schematic representation of land divided or to be divided and information in accordance with the provisions of §§ 15. See Virginia Code 15.2-2201
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Polygraph: means any mechanical or electronic instrument or device used to test or question individuals for the purpose of determining truthfulness. See Virginia Code 54.1-1800
• Polygraph examiner: means any person who uses a polygraph to test or question individuals for the purpose of determining truthfulness. See Virginia Code 54.1-1800
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• practice of architecture: means any service wherein the principles and methods of architecture are applied, such as consultation, investigation, evaluation, planning and design, and includes the responsible administration of construction contracts, in connection with any private or public buildings, structures or projects, or the related equipment or accessories. See Virginia Code 54.1-400
• practice of engineering: means any service wherein the principles and methods of engineering are applied to, but are not necessarily limited to, the following areas: consultation, investigation, evaluation, planning and design of public or private utilities, structures, machines, equipment, processes, transportation systems and work systems, including responsible administration of construction contracts. See Virginia Code 54.1-400
• Practice of geology: means the performance of any service or work for the general public wherein the principles and methods of geology are applied. See Virginia Code 54.1-2200
• practice of land surveying: includes surveying of areas for a determination or correction, a description, the establishment or reestablishment of internal and external land boundaries, or the determination of topography, contours or location of physical improvements, and also includes the planning of land and subdivisions thereof. See Virginia Code 54.1-400
• Practice of soil evaluation: means the evaluation of soil by accepted principles and methods including, but not limited to, observation, investigation, and consultation on measured, observed and inferred soils and their properties; analysis of the effects of these properties on the use and management of various kinds of soil; and preparation of soil descriptions, maps, reports and interpretive drawings. See Virginia Code 54.1-2200
• Practice of wetland delineation: means the delineation of wetlands by accepted principles and methods including, but not limited to, observation, investigation, and consultation on soil, vegetation, and hydrologic parameters; and preparation of wetland delineations, descriptions, reports and interpretive drawings. See Virginia Code 54.1-2200
• Preliminary subdivision plat: means the proposed schematic representation of development or subdivision that establishes how the provisions of §§ 15. See Virginia Code 15.2-2201
• Preneed: means at any time other than either at the time of death or while death is imminent. See Virginia Code 54.1-2310
• Preneed burial contract: means a contract for the sale of property or services used in connection with interring or disposing of the remains or commemorating the memory of a deceased human being, where delivery of the property or performance of the service may be delayed for more than 120 days after the receipt of initial payment on account of such sale. See Virginia Code 54.1-2310
• Prescription hearing aid: means a hearing aid that is not an over-the-counter hearing aid. See Virginia Code 54.1-1500
• Principal instructor: means the individual who has the primary responsibility for organizing and teaching an accredited asbestos training program, an accredited lead training program, an accredited renovation training program, or any combination thereof. See Virginia Code 54.1-500
• Principal office: means the office, in or out of the Commonwealth, where the principal executive offices of a domestic or foreign corporation are located, or, if there are no such offices, the office, in or out of the Commonwealth, so designated by the board of directors. See Virginia Code 13.1-603
• Private organic rules: means (i) the bylaws of a domestic or foreign corporation or nonstock corporation or (ii) the rules, regardless of whether in writing, that govern the internal affairs of an unincorporated entity, are binding on all its interest holders, and are not part of its public organic record. See Virginia Code 13.1-603
• Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Proceeding: means any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, arbitrative, or investigative and whether formal or informal. See Virginia Code 13.1-696
• Proceeding: includes civil suit and criminal, administrative, and investigatory action. See Virginia Code 13.1-603
• Professional: means a person who participates or has ever participated for money, compensation, or reward other than a suitably inscribed memento in any boxing, martial arts, or professional wrestling event. See Virginia Code 54.1-828
• Professional engineer: means a person who is qualified to practice engineering by reason of his special knowledge and use of mathematical, physical and engineering sciences and the principles and methods of engineering analysis and design acquired by engineering education and experience, and whose competence has been attested by the Board through licensure as a professional engineer. See Virginia Code 54.1-400
• Professional wrestler: means any professional participating in professional wrestling. See Virginia Code 54.1-828
• Professional wrestling: means an event in which contestants incorporate the sport of wrestling into choreographed performances. See Virginia Code 54.1-828
• Program: means the Electric Vehicle Rebate Program established pursuant to this chapter. See Virginia Code 67-1900
• Project: means the construction, improvement, furnishing, maintenance, acquisition or operation of any facility or the provision for or funding of any activity that will further the purposes described in § 2. See Virginia Code 2.2-2201
• project: means a project that supplements the regular career and technical education program in a school division and that is designed to provide effective practical training to students in the secondary schools of the school division and in which participation is optional and voluntary. See Virginia Code 22.1-228
• Promoter: means any person who undertakes to promote an event or exhibition. See Virginia Code 54.1-828
• Property management agreement: means the written agreement between a property manager and the owner of real estate for the management of the real estate. See Virginia Code 54.1-2130
• Proposed species: means any candidate species authorized by the Board for consideration for listing as threatened or endangered under the provisions of this chapter. See Virginia Code 3.2-1000
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public charter school: means a public, nonreligious, or non-home-based alternative school located within a public school division. See Virginia Code 22.1-212.5
• Public corporation: means a corporation that has shares listed on a national securities exchange or regularly traded in a market maintained by one or more members of a national or affiliated securities association. See Virginia Code 13.1-603
• Public facilities: means public transportation facilities, public safety facilities, public school facilities, or public parks. See Virginia Code 15.2-2303.4
• 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 law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• public meeting: means a meeting at which the public may be present. See Virginia Code 2.2-3701
• Public organic record: means (i) the articles of incorporation of a domestic or foreign corporation or nonstock corporation or (ii) the document, the filing of which is required to create an unincorporated entity. See Virginia Code 13.1-603
• Public records: means all writings and recordings that consist of letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostatting, photography, magnetic impulse, optical or magneto-optical form, mechanical or electronic recording, or other form of data compilation, however stored, and regardless of physical form or characteristics, prepared or owned by, or in the possession of a public body or its officers, employees, or agents in the transaction of public business. See Virginia Code 2.2-3701
• 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 67-1100
• Purchase: means the purchase or lease of a new or used electric motor vehicle. See Virginia Code 67-1900
• Quarantine: means a legal declaration by the Board that specifies: (i) the noxious weed; (ii) the articles to be regulated; (iii) conditions governing movement; and (iv) exemptions. See Virginia Code 3.2-800
• Quorum: The number of legislators that must be present to do business.
• Real estate: means an identified parcel or tract of land, including improvements thereon, if any. See Virginia Code 54.1-2009
• real estate: includes lands, tenements and hereditaments, and all rights and appurtenances thereto and interests therein, other than a chattel interest. See Virginia Code 1-219
• Real estate broker: means any individual or business entity, including a partnership, association, corporation, or limited liability company, who, for compensation or valuable consideration, (i) sells or offers for sale, buys or offers to buy, or negotiates the purchase or sale or exchange of real estate, including units or interest in condominiums, cooperative interest as defined in § 55. See Virginia Code 54.1-2100
• Real estate team: means two or more individuals, one or more of whom is a real estate salesperson or broker, who (i) work together as a unit within the same brokerage firm, (ii) represent themselves to the public as working together as one unit, and (iii) designate themselves by a fictitious name. See Virginia Code 54.1-2100
• Real estate-related financial transaction: means any transaction involving:

  1. See Virginia Code 54.1-2009

• Real property: means one or more defined interests, benefits or rights inherent in the ownership of real estate. See Virginia Code 54.1-2009
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recess: A temporary interruption of the legislative business.
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Virginia Code 54.1-526
• 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
• Record shareholder: means (i) the person in whose name shares are registered in the records of the corporation or (ii) the person identified as the beneficial owner of shares in a beneficial ownership certificate pursuant to § 13. 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}
• Recruit or solicit: means an attempt to influence the choice of an athlete agent by a student-athlete or, if the student-athlete is a minor, a parent or guardian of the student-athlete. See Virginia Code 54.1-526
• Reenacted: when used in the title or enactment of a bill or act of the General Assembly, means that the changes enacted to a section of the Code of Virginia or an act of the General Assembly are in addition to the existing substantive provisions in that section or act, and are effective prospectively unless the bill expressly provides that such changes are effective retroactively on a specified date. See Virginia Code 1-238
• Regional public charter school: means a public charter school operated by two or more school boards and chartered directly by the participating school boards. See Virginia Code 22.1-212.5
• Registrant: means the person who registers regulated products, under the provisions of this chapter. See Virginia Code 3.2-3600
• Registrant: means the person registering any liming material pursuant to the provisions of this chapter. See Virginia Code 3.2-3700
• Registration: means a method of regulation whereby any practitioner of a profession or occupation may be required to submit information concerning the location, nature and operation of his practice. See Virginia Code 54.1-300
• Registration: means registration as an athlete agent. See Virginia Code 54.1-526
• Regulant: means any person required by this chapter to obtain a prior authorization from the Department. See Virginia Code 54.1-828
• Regulant: means any individual, person, firm, corporation, association, partnership, joint venture or any other legal entity licensed by the Board for Contractors. See Virginia Code 54.1-1118
• Regulant: means a person, partnership, association, corporation, agency, firm or any other entity licensed by the Real Estate Board as a real estate broker or real estate salesperson. See Virginia Code 54.1-2112
• Regulated article: means any article of any character as described in this chapter or in the quarantine carrying or capable of carrying a noxious weed against which this chapter or the quarantine is directed. See Virginia Code 3.2-800
• Regulated product: means any product governed by this chapter, including any fertilizer, specialty fertilizer, soil amendment, digestate, and horticultural growing medium. See Virginia Code 3.2-3600
• Regulation: means any regulations promulgated by the Real Estate Appraiser Board pursuant to the Administrative Process Act (§ 2. See Virginia Code 54.1-2009
• Regulatory board: means the Auctioneers Board, Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects, Board for Barbers and Cosmetology, Board for Branch Pilots, Board for Contractors, Board for Hearing Aid Specialists and Opticians, Board for Professional Soil Scientists, Wetland Professionals, and Geologists, Board for Waste Management Facility Operators, Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals, Cemetery Board, Real Estate Appraiser Board, Real Estate Board, Fair Housing Board, Virginia Board for Asbestos, Lead, and Home Inspectors, and Common Interest Community Board. See Virginia Code 54.1-300
• Related services: means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education, including speech pathology and audiology, psychological services, physical and occupational therapy, recreation, early identification and assessment of disabilities in children, counseling services, and medical services for diagnostic or evaluation purposes. See Virginia Code 22.1-213
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Remote participation: means participation by an individual member of a public body by electronic communication means in a public meeting where a quorum of the public body is otherwise physically assembled. See Virginia Code 2.2-3701
• 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 67-1100
• 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 67-1100
• Renovation: means the modification of any existing structure or portion thereof, for compensation, that results in the disturbance of painted surfaces, unless that activity is (i) performed as a part of a lead abatement or (ii) limited in scope to the site work or remediation as referenced in the definition of contractor in § 54. See Virginia Code 54.1-500
• Renovation contractor: means a person who has met the Board's requirements and has been issued a license by the Board to conduct renovations. See Virginia Code 54.1-500
• Renovator: means an individual who has been issued a license by the Board to perform renovations or to direct others who perform renovations. See Virginia Code 54.1-500
• Resale: means the sale of an interment right in a cemetery governed by this chapter to a person other than the cemetery company owning the cemetery in which the right exists by a person other than that cemetery company or its authorized agent. See Virginia Code 54.1-2310
• Residential building: means , for the purposes of home inspection, a structure consisting of one to four dwelling units used or occupied, or intended to be used or occupied, for residential purposes. See Virginia Code 54.1-500
• Residential building energy analysis: means (i) an inspection, investigation, or survey of a dwelling or other structure to evaluate, measure, or quantify its energy consumption and efficiency, including lighting, HVAC, electronics, appliances, water heaters, insulation, and water conservation, and (ii) recommendations to reduce energy consumption and improve efficiency of a dwelling or other structure, including lighting, HVAC, electronics, appliances, water heaters, insulation, and water conservation for compensation conducted or made by a licensed residential building energy analyst. See Virginia Code 54.1-1144
• Residential real estate: means real property containing from one to four residential dwelling units and the sale of lots containing one to four residential dwelling units. See Virginia Code 54.1-2130
• Residential wastewater: means sewage (i) generated by residential or accessory uses, not containing storm water or industrial influent, and having no other toxic, or hazardous constituents not routinely found in residential wastewater flows, or (ii) as certified by a professional engineer. See Virginia Code 54.1-400
• Responsible charge: means the direct control and supervision of the practice of architecture, professional engineering, landscape architecture, or land surveying. See Virginia Code 54.1-400
• Restaurant: means :

  1. See Virginia Code 35.1-1

• 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. See Virginia Code 67-1100
• Retail sales price: means the standard, nondiscounted price as listed on the general price list required by § 54. See Virginia Code 54.1-2310
• sale: means any transfer of title or of the right to use by lease, bailment, or any other contract, excluding wholesale transactions with distributors or practitioners. See Virginia Code 54.1-1500
• Sanctioning organization: means an entity approved by the Director pursuant to § 54. See Virginia Code 54.1-828
• Scholastic records: means those records containing information directly related to a student or an applicant for admission and maintained by a public body that is an educational agency or institution or by a person acting for such agency or institution. See Virginia Code 2.2-3701
• School board: means the school board that governs a school division. See Virginia Code 22.1-1
• School pupils and personnel: includes school bus patrolmen when performing duties either in or outside a vehicle as prescribed by the Board of Education. See Virginia Code 22.1-188
• SDI: means a school division in which the local school board has developed and for which the Board has approved pursuant to regulations as set forth in this article a plan of innovation to improve student learning; educational performance; and college, career, and citizenship readiness skills in each school in the local school division. See Virginia Code 22.1-212.28
• Secretary: means the corporate officer or other individual to whom the board of directors has delegated responsibility under subsection C of § 13. See Virginia Code 13.1-603
• Seller: means the cemetery company. See Virginia Code 54.1-2310
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Share exchange: means a transaction pursuant to § 13. See Virginia Code 13.1-603
• Shareholder: means a record shareholder, a beneficial shareholder, and a voting trust beneficial owner. See Virginia Code 13.1-729
• Shareholder: means an entity shown by the records of a corporation to be the owner of one or more shares of its outstanding capital stock. See Virginia Code 13.1-776
• 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
• Sign: means , with present intent to authenticate or adopt a record, (i) to execute or adopt a tangible symbol or (ii) to attach to or logically associate with the record an electronic symbol, sound, or process. See Virginia Code 54.1-526
• Site plan: means the proposal for a development or a subdivision including all covenants, grants or easements and other conditions relating to use, location and bulk of buildings, density of development, common open space, public facilities and such other information as required by the subdivision ordinance to which the proposed development or subdivision is subject. See Virginia Code 15.2-2201
• Soil: means the groups of natural bodies occupying the unconsolidated portion of the earth's surface which are capable of supporting plant life and have properties caused by the combined effects, as modified by topography and time, of climate and living organisms upon parent materials. See Virginia Code 54.1-2200
• Soil evaluation: means plotting soil boundaries, describing and evaluating the kinds of soil and predicting their suitability for and response to various uses. See Virginia Code 54.1-2200
• Soil science: means the science dealing with the physical, chemical, mineralogical, and biological properties of soils as natural bodies. See Virginia Code 54.1-2200
• Soil scientist: means a person having special knowledge of soil science and the methods and principles of soil evaluation as acquired by education and experience in the formation, description and mapping of soils. See Virginia Code 54.1-2200
• Solicitation: means initiating contact with consumers with the intent of influencing their selection of a cemetery. See Virginia Code 54.1-2310
• Southwest Virginia: means the region of the Commonwealth designated as Southwest Virginia in § 22. See Virginia Code 67-1600
• Special education: means specially designed instruction at no cost to the parent to meet the unique needs of a child with a disability, including classroom instruction, home instruction, instruction provided in hospitals and institutions, instruction in physical education, and instruction in career and technical education. See Virginia Code 22.1-213
• Special exception: means a special use that is a use not permitted in a particular district except by a special use permit granted under the provisions of this chapter and any zoning ordinances adopted herewith. See Virginia Code 15.2-2201
• Species: includes any species or variety of plant life or insects. See Virginia Code 3.2-1000
• Specific learning disability: means a disorder in one or more of the basic psychological processes involved in understanding or using language, spoken or written, which may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. See Virginia Code 22.1-213
• Specific public benefit: means a benefit that serves one or more public welfare, religious, charitable, scientific, literary, or educational purposes, or other purpose or benefit beyond the strict interest of the shareholders of the benefit corporation, including:

  1. See Virginia Code 13.1-782

• Specific trust funds: means funds identified to a certain contract for personal property or services. See Virginia Code 54.1-2310
• Sponsor: means either an individual employer, a group of employers, or an association or organization operating an apprenticeship program and in whose name the program is registered. See Virginia Code 2.2-2043
• Standard agent: means a licensee who acts for or represents a client in an agency relationship in a residential real estate transaction. See Virginia Code 54.1-2130
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Virginia Code 54.1-526
• state: means the Commonwealth of Virginia or any of its agencies or departments. See Virginia Code 2.2-2200
• state agency: means the same as that term is defined in § 2. See Virginia Code 1-206
• State Board: means the Board of Education. See Virginia Code 22.1-1
• State Board: means the State Board of Health. See Virginia Code 35.1-1
• Statute: A law passed by a legislature.
• Street: means highway, street, avenue, boulevard, road, lane, alley, or any public way. See Virginia Code 15.2-2201
• Student-athlete: means an individual who is eligible to attend an educational institution and engages in, is eligible to engage in, or may be eligible in the future to engage in any interscholastic or intercollegiate sport. See Virginia Code 54.1-526
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Subsidiary: means , in relation to an individual, an entity in which the individual either (i) owns directly or indirectly equity interests entitled to cast a majority of the votes entitled to be cast generally in an election of directors or members of the governing body of the entity or (ii) otherwise owns or controls voting or contractual power to exercise effective governing control of the entity. See Virginia Code 13.1-782
• Subsidiary: means , as to any corporation, any other corporation of which it owns, directly or indirectly, voting shares entitled to cast a majority of the votes entitled to be cast generally in an election of directors of such other corporation. See Virginia Code 13.1-603
• Summer camp: means any building, tent, or vehicle, or group of buildings, tents, or vehicles, if operated as one place or establishment, or any other place or establishment, public or private, together with the land and waters adjacent thereto, that is operated or used in this Commonwealth for the entertainment, education, recreation, religious instruction or activities, physical education, or health of persons under 18 years of age who are not related to the operator of such place or establishment by blood or marriage within the third degree of consanguinity or affinity, if 12 or more such persons at any one time are accommodated, gratuitously or for compensation, overnight and during any portion of more than two consecutive days. See Virginia Code 35.1-1
• Summons: Another word for subpoena used by the criminal justice system.
• Superintendent: means the Superintendent of Public Instruction. See Virginia Code 22.1-1
• Supervising broker: means a real estate broker who has been designated by a principal broker to supervise the provision of real estate brokerage services by associate brokers and salespersons assigned to a branch office or a real estate team. See Virginia Code 54.1-2100
• Supervisor: means a member of the board of supervisors of a county. See Virginia Code 15.2-102
• sworn: means "affirm" or "affirmed. See Virginia Code 1-250
• Take: means , in reference to plants and insects, to collect, pick, cut, or dig up for the purpose of resale. See Virginia Code 3.2-1000
• Tattoo parlor: means any place in which tattooing is offered or practiced. See Virginia Code 54.1-700
• Tattooer: means any person who for remuneration practices tattooing. See Virginia Code 54.1-700
• Tattooing: means the placing of designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin, including permanent make-up or permanent jewelry, by the aid of needles or any other instrument designed to touch or puncture the skin. See Virginia Code 54.1-700
• Testator: A male person who leaves a will at death.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Third-party standard: means a recognized standard for defining, reporting, and assessing corporate social and environmental performance that:

  1. See Virginia Code 13.1-782

• Threatened species: means any species determined by the Board to be likely to become an endangered species within the foreseeable future throughout all or a significant portion of its native range. See Virginia Code 3.2-1000
• Ton: means a unit of 2000 pounds avoirdupois weight. See Virginia Code 3.2-3600
• Ton: means a unit of 2,000 pounds avoirdupois weight. See Virginia Code 3.2-3700
• 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.
• 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
• Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254
• Trade secret: means the same as that term is defined in the Uniform Trade Secrets Act (§ 59. See Virginia Code 2.2-3701
• Training manager: means the individual responsible for administering a training program and monitoring the performance of instructors for an accredited asbestos training, accredited lead training program or accredited renovation training program. See Virginia Code 54.1-500
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transmission study: means a study to determine the potential interconnection options to accommodate multiple offshore wind energy projects in the Hampton Roads region. See Virginia Code 67-1200
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Uniform Standards of Professional Appraisal Practice: means the Uniform Standards of Professional Appraisal Practice adopted by the Appraisal Standards Board of the Appraisal Foundation. See Virginia Code 54.1-2020
• United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
• United States: includes district, authority, bureau, commission, department, and any other agency of the United States. See Virginia Code 13.1-603
• Used electric motor vehicle: means a previously owned or leased electric motor vehicle that is more than two years old and not more than seven years old. See Virginia Code 67-1900
• valuation: is a n estimate of the value of real estate or real property. See Virginia Code 54.1-2009
• Value: means fair market value. See Virginia Code 54.1-1100
• Variance: means , in the application of a zoning ordinance, a reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of the ordinance would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the ordinance. See Virginia Code 15.2-2201
• Vehicle: means any vehicle owned or operated by, or owned or operated by any person under contract with, a county, city, town or school board in which any school pupils or personnel are transported at public expense to or from any public school. See Virginia Code 22.1-188
• Venue: The geographical location in which a case is tried.
• Verified claim: means a completed application, on a form designed by the Board, the truthfulness of which has been attested to by the claimant before a notary public, along with all required supporting documentation, that has been properly received by the Department in accordance with this chapter. See Virginia Code 54.1-1118
• Verified claim: means a completed application, on a form designed by the Board, the truthfulness of which has been attested to by the claimant before a notary public, along with all required supporting documentation, that has been properly received by the Department in accordance with this chapter. See Virginia Code 54.1-2112
• Virginia certified professional wetland delineator: means a person who possesses the qualifications required for certification by the provisions of this chapter and the regulations of the Board and who is granted certification by the Board. See Virginia Code 54.1-2200
• Virtual school program: means a series of online courses with instructional content that (i) is delivered by a multidivision online provider primarily electronically using the Internet or other computer-based methods; (ii) is taught by a teacher primarily from a remote location, with student access to the teacher given synchronously, asynchronously, or both; (iii) is delivered as a part-time or full-time program; and (iv) has an online component with online lessons and tools for student and data management. See Virginia Code 22.1-212.23
• Voter: means a qualified voter as defined in § 24. See Virginia Code 15.2-102
• 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
• Voting power: means the current power to vote in the election of directors. See Virginia Code 13.1-603
• Voting trust beneficial owner: means an owner of a beneficial interest in shares of the corporation held in a voting trust established pursuant to subsection A of § 13. See Virginia Code 13.1-603
• Waste management facility: means a site used for planned treatment, storage or disposal of nonhazardous solid waste. See Virginia Code 54.1-2209
• Waste management facility operator: means any person, including an owner, who is in charge of the actual, on-site operation of a waste management facility during any period of operation. See Virginia Code 54.1-2209
• Wastewater works: means each system of (i) sewerage systems or sewage treatment works, serving more than 400 persons, as set forth in § 62. See Virginia Code 54.1-2300
• Waterworks: means each system of structures and appliances used in connection with the collection, storage, purification, and treatment of water for drinking or domestic use and the distribution thereof to the public, except distribution piping. See Virginia Code 54.1-2300
• Wax technician: means any person licensed by the Board who removes hair from the hair follicle using a physical (wax) depilatory or by tweezing. See Virginia Code 54.1-700
• Waxing: means the temporary removal of superfluous hair from the hair follicle on any area of the human body through the use of a physical (wax) depilatory or by tweezing. See Virginia Code 54.1-700
• Waxing salon: means any commercial establishment, residence, vehicle or other establishment, place or event wherein waxing is offered or practiced on a regular basis for compensation and may include the training of apprentices under regulations of the Board. See Virginia Code 54.1-700
• Wetland delineation: means delineating wetland limits in accordance with prevailing state and federal regulatory guidance and describing wetland types. See Virginia Code 54.1-2200
• Wetland professional: means a person having special knowledge of wetland science and the methods and principles of wetland delineation as acquired by education and experience in the formation, description and mapping of wetlands. See Virginia Code 54.1-2200
• Wetland science: means the science dealing with the physical, chemical, and biological properties of wetland systems integrated through ecological and morphological relationships. See Virginia Code 54.1-2200
• Wetlands: means the same as that term is defined in §§ 28. See Virginia Code 54.1-2200
• Workforce development program: means a publicly funded education, training, and support services program designed and administered to prepare and enable participants to enter into and advance in careers. See Virginia Code 2.2-2036
• Working waterfront: means an area or structure on, over, or adjacent to navigable waters that provides access to the water and is used for water-dependent commercial, industrial, or governmental activities, including commercial and recreational fishing; tourism; aquaculture; boat and ship building, repair, and services; seafood processing and sales; transportation; shipping; marine construction; and military activities. See Virginia Code 15.2-2201
• Wrestler: means any person competing or participating as an opponent in wrestling. See Virginia Code 54.1-828
• Wrestling: means any of several styles of physical competition in which individuals attempt to subdue or unbalance an opponent, including Greco-Roman, freestyle, grappling, or submission, usually practiced as a sport. See Virginia Code 54.1-828
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
• written: means any information in the form of a document. See Virginia Code 13.1-603