Sections
Article 1 Survival and Assignment of Causes of Actions 8.01-25 – 8.01-26
Article 2 Actions on Contracts Generally 8.01-27 – 8.01-33
Article 3 Injury to Person or Property 8.01-34 – 8.01-44.7
Article 4 Defamation 8.01-45 – 8.01-49.1
Article 5 Death by Wrongful Act 8.01-50 – 8.01-56
Article 6 Injuries to Railroad Employees 8.01-57 – 8.01-62
Article 7 Motor Vehicle Accidents 8.01-63 – 8.01-66.1:1
Article 7 1. Lien for Hospital, Medical and Nursing Services 8.01-66.2 – 8.01-66.12
Article 8 Actions for the Sale, Lease, Exchange, Redemption and Other Disposition of Lands of Persons under a Disability 8.01-67 – 8.01-80
Article 9 Partition 8.01-81 – 8.01-93
Article 10 Sale, Lease, or Exchange of Certain Estates in Property 8.01-94 – 8.01-95
Article 11 General Provisions for Judicial Sales 8.01-96 – 8.01-113
Article 12 Detinue 8.01-114 – 8.01-123
Article 13 Unlawful Entry and Detainer 8.01-124 – 8.01-130
Article 14 Ejectment 8.01-131 – 8.01-165
Article 15 Improvements 8.01-166 – 8.01-178
Article 16 Establishing Boundaries to Land 8.01-179 – 8.01-183
Article 17 Declaratory Judgments 8.01-184 – 8.01-191
Article 18 Recovery of Claims Against the Commonwealth of Virginia 8.01-192 – 8.01-195
Article 18 1. Tort Claims Against the Commonwealth of Virginia 8.01-195.1 – 8.01-195.9
Article 18 2. Compensation for Wrongful Incarceration for a Felony Conviction 8.01-195.10 – 8.01-195.12
Article 19 Actions by the Commonwealth 8.01-196 – 8.01-216
Article 19 1. Virginia Fraud Against Taxpayers Act 8.01-216.1 – 8.01-216.19
Article 20 Change of Name 8.01-217
Article 21 Miscellaneous Provisions 8.01-218 – 8.01-227
Article 23 Drug Dealer Liability Act 8.01-227.4 – 8.01-227.7
Article 24 Space Flight Liability and Immunity Act 8.01-227.8 – 8.01-227.10
Article 25 Winter Sports Safety Act 8.01-227.11 – 8.01-227.23

Terms Used In Virginia Code > Title 8.01 > Chapter 3

  • Abandoned: means either (i) the discontinuance of use of a mark with intent not to resume such use (intent not to resume may be inferred from circumstances, i. See Virginia Code 46.2-1579
  • Abandoned: means no longer in service and physically disconnected from a portion of the underground utility line that is in use for storage or conveyance of service. See Virginia Code 46.2-1137
  • Abandoned motor vehicle: means a motor vehicle, trailer, or semitrailer that:

    1. See Virginia Code 46.2-1200

  • Abducted child: means a child (i) whose whereabouts are unknown, (ii) who is believed to have been abducted, (iii) who is 17 years of age or younger or is currently enrolled in a secondary school in the Commonwealth, regardless of age, and (iv) whose disappearance poses a credible threat as determined by law enforcement to the safety and health of the child and under such other circumstances as deemed appropriate by the Virginia State Police. See Virginia Code 46.2-613.4
  • Abuse: means any act or failure to act by an employee or other person responsible for the care of an individual in a facility or program operated, licensed, or funded by the Department, excluding those operated by the Department of Corrections, that was performed or was failed to be performed knowingly, recklessly, or intentionally, and that caused or might have caused physical or psychological harm, injury, or death to an individual receiving care or treatment for mental illness, developmental disabilities, or substance abuse. See Virginia Code 37.2-100
  • Abused or neglected child: means any child:

    1. See Virginia Code 37.2-422

  • Accident: means an accident covered under the group insurance coverage purchased by the Board. See Virginia Code 46.2-366
  • account: means an account with a financial institution for which the account holder claims first-time home buyer savings account status on his Virginia income tax return for taxable year 2014 or any taxable year thereafter, pursuant to this chapter for the purpose of paying or reimbursing eligible costs for the purchase of a single-family residence in the Commonwealth by a qualified beneficiary. See Virginia Code 46.2-1062
  • Account: means a contract of deposit of funds between a depositor and a financial institution, and includes a checking account, savings account, certificate of deposit, share account, and other similar arrangements. See Virginia Code 6.2-604
  • Account holder: means an individual who establishes, individually or jointly with one or more other individuals, an account with a financial institution for which the account holder claims a first-time home buyer savings account status on his Virginia income tax return. See Virginia Code 46.2-1062
  • 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 septic system inspector: means a person who possesses the qualifications required by the provisions of this chapter. See Virginia Code 46.2-2174
  • Acquirer: means a business organization, financial institution or an agent of a business organization or financial institution that authorizes a merchant to accept payment by credit card or credit card number for money, goods, services or anything else of value. See Virginia Code 46.2-810
  • Acquisition of a branch: means the acquisition of a branch located in a host state, without acquiring the bank of such branch. See Virginia Code 6.2-836
  • Act of terrorism: means an act of violence as defined in clause (i) of subdivision A of § Virginia Code 6.2-904
  • Agent: has the meaning assigned to it in § Virginia Code 54.1-510
  • Agreement: means the federal-state agreement between the federal agency and the Commonwealth entered into on February 16, 1952, as authorized by this chapter, for the purpose of extending coverage under the Social Security Act and any subsequent modifications thereto. See Virginia Code 46.2-398
  • Agricultural equipment: shall mean any self-propelled vehicle designed primarily for and used in the occupation or business of farming. See Virginia Code 46.2-2099.12
  • All-terrain vehicle: means a motor vehicle having three or more wheels that is powered by a motor and is manufactured for off-highway use. See Virginia Code 46.2-100
  • Amber Agreement: means the voluntary agreement between law-enforcement officials and members of the media whereby a child will be declared abducted, and the public will be notified, and includes all other incidental conditions of the partnership as found appropriate by the Virginia State Police. See Virginia Code 46.2-613.4
  • Amber Alert: means the notice of child abduction provided to the public by the media or other methods under an Amber Agreement. See Virginia Code 46.2-613.4
  • ancillary charge: means any delinquent act committed by a juvenile as a part of the same act or transaction as, or which constitutes a part of a common scheme or plan with, a delinquent act which would be a felony if committed by an adult. See Virginia Code 37.2-422
  • Animal: means any nonhuman vertebrate species except fish. See Virginia Code 3.2-6500
  • Animal control officer: means a person appointed as an animal control officer or deputy animal control officer as provided in § Virginia Code 46.2-100
  • Antique trailer: means every trailer or semitrailer, as defined in this section, that was actually manufactured or designated by the manufacturer as a model manufactured in a calendar year not less than 25 years prior to January 1 of each calendar year and is owned solely as a collector's item. See Virginia Code 46.2-100
  • Apartment: means an apartment, apartment dwelling unit, unit, house or home which is an enclosed space consisting of one or more rooms occupying all or part of one or more floors in a building or buildings of one or more floors or stories regardless of whether it be designed or used for residence, for office, for the operation of any industry or business, or for any other type of independent use, or combination of uses, and shall include such accessories as may be appurtenant thereto, such as garage space, storage space, balcony, terrace and patio. See Virginia Code 46.2-749.43:1
  • Applicable federal law: refers to provisions of federal law, including federal regulations and requirements issued pursuant thereto, that provide for extending the benefits of the Social Security Act and the Federal Insurance Contributions Act to employees of states and their political subdivisions. See Virginia Code 46.2-398
  • Applicant: means any person filing an application for registration of a mark under this chapter, and the legal representatives, successors, or assigns of such person. See Virginia Code 46.2-1579
  • Appointing authority: means the General Assembly or the Governor. See Virginia Code 46.2-347
  • Appropriating body: means the body responsible for appropriating or authorizing funding to pay for a qualifying project. See Virginia Code 46.2-1221
  • 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
  • armory: shall include training or logistical support facilities, such as, but not limited to, maintenance facilities, training areas, facilities at the State Military Reservation, Virginia Beach, Virginia, and the Fort Pickett Maneuver Training Center. See Virginia Code 37.2-404
  • Asbestos: means the asbestiform varieties of actinolite, amosite, anthophyllite, chrysotile, crocidolite, and tremolite. 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
  • Assertion of patent infringement: means (i) sending or delivering a demand letter to a target; (ii) threatening a target with litigation asserting, alleging, or claiming that the target has engaged in patent infringement; (iii) sending or delivering a demand letter to the customers of a target; or (iv) otherwise making claims or allegations, other than those made in litigation against a target, that a target has engaged in patent infringement or that a target should obtain a license to a patent in order to avoid litigation. See Virginia Code 46.2-2118 v2
  • Assistive technology: means any item, piece of equipment or device that enables an individual with a disability to improve his or her independence and quality of life. See Virginia Code 46.2-463
  • Association: means the National Association of Insurance Commissioners. See Virginia Code 46.2-1037
  • Association: includes condominium, cooperative, or property owners' associations. See Virginia Code 46.2-1055
  • Attorney General: means the Attorney General of Virginia, the Chief Deputy, other deputies, counsels or assistant attorneys general employed by the Office of the Attorney General and designated by the Attorney General to act pursuant to this article. See Virginia Code 6.2-937
  • Authority: means the BVU Authority created by entity conversion of Bristol Virginia Utilities by this chapter. See Virginia Code 33.2-707
  • Authority: means the Fort Monroe Authority. See Virginia Code 2.2-2337
  • authority: means a public body and a body corporate and politic organized in accordance with the provisions of Chapter 6 (§ Virginia Code 46.2-1055
  • Ballistic knife: means any knife with a detachable blade that is propelled by a spring-operated mechanism. See Virginia Code 46.2-1031
  • Bank: has the meaning assigned to it in § Virginia Code 6.2-300
  • Bank: means a corporation authorized by statute to accept deposits and to hold itself out to the public as engaged in the banking business in the Commonwealth. See Virginia Code 6.2-800
  • Bank: has the meaning assigned to it in 12 U. See Virginia Code 6.2-836
  • Bank: has the meaning assigned to it in 12 U. See Virginia Code 6.2-849
  • Bank: means any bank or trust company organized under the laws of the Commonwealth. See Virginia Code 6.2-925
  • Bank holding company: has the meaning assigned to it in § Virginia Code 46.2-686
  • Beneficiary: means a person named in a trust account as one for whom a party to the account is named as trustee. See Virginia Code 6.2-604
  • Benefits consortium: means a trust that complies with the conditions set forth in § Virginia Code 46.2-100
  • Bid: means any submission of a price, whether written or oral, for any goods, services or construction to be provided. See Virginia Code 46.2-1573.26
  • bid: means a written offer or proposal by an exhibitor to a distributor in response to an invitation to bid for the right to exhibit a motion picture, stating the terms under which the exhibitor will agree to exhibit a motion picture;

    8. See Virginia Code 46.2-2122 v2

  • bill in equity: shall mean a complaint in a civil action, as provided in the Rules of Supreme Court of Virginia;

    11. See Virginia Code 2.2-4311.1

  • Bingo: means a specific game of chance played with (i) individual cards having randomly numbered squares ranging from one to 75, (ii) Department-approved electronic devices that display facsimiles of bingo cards and are used for the purpose of marking and monitoring players' cards as numbers are called, or (iii) Department-approved cards, in which prizes are awarded on the basis of designated numbers on such cards conforming to a predetermined pattern of numbers selected at random. See Virginia Code 46.2-1101
  • Blanket encumbrance: means a trust, deed, mortgage, judgment or any other lien or encumbrance, securing or evidencing the payment of money and affecting the land in toto comprising the subdivision to be offered and sold or leased or affecting more than ten lots or parcels of such lands, or an agreement affecting more than ten lots or parcels of such lands by which the developer holds said subdivision under option, contract, sale or trust agreement. See Virginia Code 46.2-937
  • blind bidding: means the bidding for, negotiating for, or offering or agreeing to terms for the licensing or exhibition of a motion picture at any time before such motion picture has either been trade screened within the Commonwealth or the District of Columbia or Prince Georges and Montgomery Counties, Maryland, or before such motion picture, at the option of the distributor, otherwise has been made available for viewing within the Commonwealth, or the District of Columbia or Prince Georges and Montgomery Counties, Maryland, by all exhibitors from whom the distributor is soliciting bids or with whom the distributor is negotiating for the right to exhibit such motion picture; and

    11. See Virginia Code 46.2-2122 v2

  • Board: means the Common Interest Community Board;

    (c) "Condominium" means the ownership of a single unit in a multiple unit structure with common elements in a condominium project;

    (d) "Condominium project" means a real estate condominium project; a plan or project whereby four or more apartments, rooms, office spaces, or other units existing or proposed whether the unit involves a single structure, attached to or detached from other units, or is in one or more multiple unit structures, on contiguous parcels of real estate are offered or proposed to be offered for sale;

    (e) "Co-owner" means a person, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof who owns an apartment within the building or buildings;

    (f) "Council of co-owners" means all the co-owners as defined in subsection (e) of this section, acting as a group in accordance with the bylaws of the horizontal property regime;

    (g) "Developer" means a person who undertakes to develop a real estate condominium project;

    (h) "General common elements" unless otherwise provided in the master deed or lease means and includes:

    (1) The land whether leased or in fee simple, on which the building or buildings stand;

    (2) The foundations, main walls, roofs, halls, lobbies, stairways, and entrances and exits or communication ways;

    (3) The basements, flat roofs, yards, and gardens, except as otherwise provided or stipulated;

    (4) The premises for the lodging of janitors or persons in charge of the building or buildings, except as otherwise provided or stipulated;

    (5) The compartments or installations of central services such as power, light, gas, cold and hot water, refrigeration, reservoirs, water tanks and pumps, and the like;

    (6) The elevators, garbage incinerators and, in general all devices or installations existing for common use; and

    (7) All other elements of the property rationally of common use or necessary to its existence, upkeep and safety;

    (i) "Limited common elements" means and includes those common elements which are agreed upon by all of the co-owners to be reserved for the use of a certain number of apartments to the exclusion of the other apartments, such as special corridors, stairways and elevators, sanitary services common to the apartments of a particular floor, and the like;

    (j) "Majority of co-owners" means more than fifty percent of the votes of the co-owners computed in accordance with the bylaws of the horizontal property regime;

    (k) "Master deed" or "master lease" means the deed or lease recording the property of the horizontal property regime;

    (l) "Person" means an individual, firm, corporation, partnership, association, trust or other legal entity or any combination thereto;

    (m) "Property" means and includes the land whether leasehold or in fee simple and the building or buildings, all improvements and structures thereon and all easements, rights and appurtenances belonging thereto;

    (n) "To record" means to record pursuant to the laws of this Commonwealth relating to the recordation of deeds. See Virginia Code 46.2-749.43:1

  • Board: means the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects. See Virginia Code 54.1-400
  • Board: means the Virginia Board for Asbestos, Lead, and Home Inspectors. See Virginia Code 54.1-500
  • Board: means the Common Interest Community Board. See Virginia Code 46.2-1055
  • Board: means the Commonwealth Transportation Board. See Virginia Code 64.2-2741
  • Board: means the State Board of Behavioral Health and Developmental Services. See Virginia Code 37.2-100
  • Board: means the Motor Vehicle Dealer Board. See Virginia Code 46.2-1500
  • Board: means the Commonwealth Transportation Board. See Virginia Code 46.2-1202
  • Board: means the Charitable Gaming Board created pursuant to § Virginia Code 46.2-1101
  • Bond: means the posting by a person or his surety of a written promise to pay a specific sum, secured or unsecured, ordered by an appropriate judicial officer as a condition of bail to assure performance of the terms and conditions contained in the recognizance. See Virginia Code 46.2-1573.16
  • 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 2.2-813.1
  • Bonds: means any bonds, notes, debentures, bond acceptance notes, or other evidence of financial indebtedness either issued or assumed by the Authority pursuant to this chapter. See Virginia Code 33.2-707
  • Bonds: means any bonds, notes, interim certificates, debentures, or other obligations issued by the Authority pursuant to this article. See Virginia Code 2.2-2337
  • Bonds: means notes, bonds, certificates, and other evidence of indebtedness or obligation of the Authority. See Virginia Code 46.2-463
  • Bristol Virginia Utilities Board: means the Board of Directors of Bristol Virginia Utilities governing that entity until the Authority Board takes office on July 1, 2010. See Virginia Code 33.2-707
  • Broker: means any person not included in the term "motor carrier" and not a bona fide employee or agent of any such carrier, who, as principal or agent, sells or offers for sale any transportation subject to this chapter except for transportation pursuant to Article 15 (§ Virginia Code 6.2-1013
  • Bulk commodity: means any non-liquid, non-gaseous commodity shipped loose or in mass/aggregate and which in the loading and unloading thereof is ordinarily shoveled, scooped, forked, or mechanically conveyed or which is not in containers or in units of such size to permit piece by piece loading and unloading. See Virginia Code 46.2-2100
  • Bulk property carrier: means any person, not herein exempted, who undertakes either directly or by lease, to transport exclusively bulk commodities, as defined, for compensation including for purposes of this section for-hire tow truck operations. See Virginia Code 46.2-2100
  • Bureau: means the Bureau of Financial Institutions, a division of the Commission. See Virginia Code 6.2-100
  • Business day: means any day except a Sunday or a legal holiday. See Virginia Code 46.2-2145
  • Buyer: means a natural person who enters into a health club contract. See Virginia Code 46.2-2145
  • Camping trailer: means every vehicle that has collapsible sides and contains sleeping quarters but may or may not contain bathing and cooking facilities and is designed to be drawn by a motor vehicle. See Virginia Code 46.2-100
  • cancellation: means that the document or privilege cancelled has been annulled or terminated because of some error, defect, or ineligibility, but the cancellation is without prejudice and reapplication may be made at any time after cancellation. See Virginia Code 46.2-100
  • Cardholder: means the person or organization named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer. See Virginia Code 46.2-810
  • Cardholder: means the person or organization named on the face of a credit card to whom or for whose benefit the credit card was issued by an issuer. See Virginia Code 6.2-424
  • Cash match plan: means a plan established pursuant to the provisions of § 401 (a) of the Internal Revenue Code of 1986, as amended, to which a participating employer contributes based on contributions made by an employee to a deferred compensation plan or to a plan established pursuant to § 403 (b) of the Internal Revenue Code of 1986, as amended. See Virginia Code 46.2-391.4
  • Certificate: means the certificate of authority awarded pursuant to this chapter which allows operation of a roadway. See Virginia Code 46.2-1202
  • Certificate: means a certificate of public convenience and necessity or a certificate of fitness. See Virginia Code 46.2-2000
  • Certificate of emissions inspection: means a document, device, or symbol, prescribed by the Director and issued pursuant to this article, which indicates that (i) a motor vehicle has satisfactorily complied with the emissions standards and passed the emissions inspection provided for in this article; (ii) the requirement of compliance with such emissions standards has been waived; or (iii) the motor vehicle has failed such emissions inspection. See Virginia Code 46.2-1176
  • Certificate of fitness: means a certificate issued by the Department to a contract passenger carrier, a sight-seeing carrier, a transportation network company, or a nonemergency medical transportation carrier. See Virginia Code 46.2-2000
  • Certificate of fitness: means a certificate issued by the Department to certain "household goods carriers" under this chapter. See Virginia Code 46.2-2100
  • Certificate of origin: means the document provided by the manufacturer of a new motor vehicle, or its distributor, which is the only valid indication of ownership between the manufacturer, its distributor, its franchised motor vehicle dealers, and the original purchaser not for resale. See Virginia Code 46.2-1500
  • Certificate of public convenience and necessity: means a certificate issued by the Department of Motor Vehicles to certain common carriers, but nothing contained in this chapter shall be construed to mean that the Department can issue any such certificate authorizing intracity transportation. See Virginia Code 46.2-2000
  • 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
  • charitable games: means those raffles and games of chance explicitly authorized by this article. See Virginia Code 46.2-1101
  • Charitable gaming supplies: includes bingo cards or sheets, devices for selecting bingo numbers, instant bingo cards, pull-tab cards and seal cards, and any other equipment or product manufactured for or intended to be used in the conduct of charitable games. See Virginia Code 46.2-1101
  • Charitable organization: means any person that is or holds itself out to be organized or operated for any charitable purpose, or any person that solicits or obtains contributions solicited from the public. See Virginia Code 46.2-1532
  • Charitable purpose: means any charitable, benevolent, humane, philanthropic, patriotic, or eleemosynary purpose and the purposes of influencing legislation or influencing the actions of any public official or instigating, prosecuting, or intervening in litigation. See Virginia Code 46.2-1532
  • Chauffeur: means every person employed for the principal purpose of driving a motor vehicle and every person who drives a motor vehicle while in use as a public or common carrier of persons or property. See Virginia Code 46.2-100
  • Child in need of services: means (i) a child whose behavior, conduct or condition presents or results in a serious threat to the well-being and physical safety of the child or (ii) a child under the age of 14 whose behavior, conduct or condition presents or results in a serious threat to the well-being and physical safety of another person; however, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be a child in need of services, nor shall any child who habitually remains away from or habitually deserts or abandons his family as a result of what the court or the local child protective services unit determines to be incidents of physical, emotional or sexual abuse in the home be considered a child in need of services for that reason alone. See Virginia Code 37.2-422
  • Child in need of supervision: means :

    1. See Virginia Code 37.2-422

  • Child welfare agency: means a child-placing agency, child-caring institution or independent foster home as defined in § Virginia Code 6.2-937
  • Claimant: means upon proper application to the Director, a receiver for a common interest community manager appointed pursuant to § Virginia Code 46.2-1053
  • Commercial source: means any business or other private concern that is eligible for contract awarded in accordance with the Public-Private Education and Infrastructure Act of 2002 (§ Virginia Code 46.2-1026
  • Commission: means the State Corporation Commission. See Virginia Code 46.2-1579
  • Commission: means the State Corporation Commission. See Virginia Code 46.2-1037
  • Commission: means the State Corporation Commission. See Virginia Code 56-1
  • Commission: means the State Corporation Commission. See Virginia Code 6.2-432
  • Commission: means the Virginia State Corporation Commission. See Virginia Code 33.2-707
  • Commission: shall mean the "State Corporation Commission. See Virginia Code 46.2-1130.1
  • Commission: means the State Corporation Commission. See Virginia Code 46.2-1137
  • Commission: means the "State Corporation Commission. See Virginia Code 46.2-1192
  • Commission: means the State Corporation Commission. See Virginia Code 46.2-1202
  • Commission: means the State Corporation Commission. See Virginia Code 46.2-1221
  • Commission: means the State Corporation Commission. See Virginia Code 6.2-100
  • Commission: means the State Corporation Commission. See Virginia Code 46.2-1235
  • Commission: means the State Corporation Commission. See Virginia Code 46.2-100
  • Commission: means the State Corporation Commission. See Virginia Code 46.2-1527.2
  • Commission: means the State Corporation Commission. See Virginia Code 46.2-621.1
  • Commissioner: means the Commissioner of Agriculture and Consumer Services or a member of his staff to whom he may delegate his duties under this chapter. See Virginia Code 46.2-1532
  • Commissioner: means the Commissioner of Agriculture and Consumer Services or his designated representative. See Virginia Code 46.2-2056
  • Commissioner: means the Commissioner of Behavioral Health and Developmental Services. See Virginia Code 37.2-100
  • Commissioner: means the Commissioner of Agriculture and Consumer Services, or a member of his staff to whom he may delegate his duties under this chapter. See Virginia Code 46.2-2145
  • Commissioner: means the Commissioner of the Department of Agriculture and Consumer Services. See Virginia Code 46.2-1101
  • Commissioner: means the Commissioner of Financial Institutions. See Virginia Code 6.2-100
  • Commissioner: means the Commissioner of the Department of Motor Vehicles of the Commonwealth. See Virginia Code 46.2-100
  • commodity: includes any kind of real or personal property. See Virginia Code 46.2-1555
  • Commodity in package form: means any commodity packaged in any manner in advance of sale in units suitable for either wholesale or retail sale, exclusive of an auxiliary shipping container enclosing packages that individually conform to the requirements of this chapter. See Virginia Code 2.2-2349.1
  • Common carrier: means any person who undertakes, whether directly or by a lease or any other arrangement, to transport passengers for the general public by motor vehicle for compensation over the highways of the Commonwealth, whether over regular or irregular routes, including such motor vehicle operations of carriers by rail or water under this chapter. See Virginia Code 46.2-2000
  • Common interest community: means real estate located within the Commonwealth subject to a declaration which contains lots, at least some of which are residential or occupied for recreational purposes, and common areas to which a person, by virtue of his ownership of a lot, is a member of an association and is obligated to pay assessments provided for in a declaration. See Virginia Code 46.2-1055
  • Commonwealth: means the Commonwealth of Virginia. See Virginia Code 33.2-707
  • Commonwealth: means the Commonwealth of Virginia, any agency of state government, and any political subdivision of the Commonwealth. See Virginia Code 6.2-937
  • Communicable disease of public health threat: means an illness of public health significance, as determined by the State Health Commissioner in accordance with regulations of the Board of Health, caused by a specific or suspected infectious agent that may be reasonably expected or is known to be readily transmitted directly or indirectly from one individual to another and has been found to create a risk of death or significant injury or impairment; this definition shall not, however, be construed to include human immunodeficiency viruses or tuberculosis, unless used as a bioterrorism weapon. See Virginia Code 37.2-427
  • Community correctional facility: means any group home, halfway house or other physically unrestricting facility used for the housing, treatment or care of adult offenders established or operated with funds appropriated to the Department of Corrections from the state treasury and maintained or operated by any political subdivision, combination of political subdivisions or privately operated agency within the Commonwealth. See Virginia Code 53.1-1
  • Community services board: means the public body established pursuant to § Virginia Code 46.2-1221
  • Computer-based clinic provider: means any clinic licensed by the Department to conduct driver improvement clinics via the Internet or other electronic means approved by the Department. See Virginia Code 46.2-490.3
  • Conduct: means the actions associated with the provision of a gaming operation during and immediately before or after the permitted activity, which may include, but not be limited to, (i) selling bingo cards or packs, electronic devices, instant bingo or pull-tab cards, or raffle tickets, (ii) calling bingo games, (iii) distributing prizes, and (iv) any other services provided by volunteer workers. See Virginia Code 46.2-1101
  • Consent: means the voluntary, express, and informed agreement to treatment in a mental health facility by a minor 14 years of age or older and by a parent or a legally authorized custodian. See Virginia Code 46.2-360
  • Conservation and ratemaking efficiency plan: means a plan filed by a natural gas utility pursuant to this chapter that includes a decoupling mechanism. See Virginia Code 46.2-1521
  • Constructive weight: means a measurement of seven pounds per cubic foot of properly loaded van space. See Virginia Code 46.2-2100
  • Consumer: shall mean a purchaser, other than for purposes of resale, of new agricultural equipment or any subsequent purchaser, other than for purpose of resale, to whom such equipment is transferred during the duration of a manufacturer's express written warranty applicable to such equipment. See Virginia Code 46.2-2099.12
  • Consumer: means the purchaser, other than for purposes of resale, or the lessee, of a motor vehicle used in substantial part for personal, family, or household purposes, and any person to whom such motor vehicle is transferred for the same purposes during the duration of any warranty applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty. See Virginia Code 46.2-2099.19:1
  • Consumer: means the purchaser, other than for purposes of resale, or the lessee of a motor vehicle and shall also include any person to whom such motor vehicle is transferred and any other person entitled by the terms of adjustment program to enforce its obligations. See Virginia Code 46.2-2103
  • Consumer transaction: means :

    1. See Virginia Code 46.2-2087

  • Contract for invention development services: means a contract by which an invention developer undertakes invention development services for a customer. See Virginia Code 46.2-2109
  • Contract locator: means any person contracted by an operator specifically to determine the approximate horizontal location of the operator's utility lines that may exist within the area specified by a notice served on a notification center. See Virginia Code 46.2-1137
  • Contract passenger carrier: means a motor carrier that transports groups of passengers under a single contract made with one person for an agreed charge for such transportation, regardless of the number of passengers transported, and for which transportation no individual or separate fares are solicited, charged, collected, or received by the carrier. See Virginia Code 46.2-2000
  • Contract price: means the sum of the initiation fee, if any, and all monthly fees except interest required by the health club contract. See Virginia Code 46.2-2145
  • contractor: means any entity, including a local government, entering into or offering or proposing to enter into a contractual agreement to provide any correctional services to inmates under the custody of the Commonwealth or federal inmates under the custody of the prison contractor, while in the Commonwealth of Virginia. See Virginia Code 46.2-651
  • Contribution: means any gift, bequest, devise, or other grant of any money, credit, financial assistance, or property of any kind or value, including the promise to contribute, except payments by the membership of an organization for membership fees, dues, fines, or assessments, or for services rendered to individual members, and except money, credit, financial assistance, or property received from any governmental authority. See Virginia Code 46.2-1532
  • Control: means (i) ownership by a person of 25 percent or more of the voting stock of a trust company; (ii) control as defined in the Bank Holding Company Act of 1956 (12 U. See Virginia Code 6.2-1013
  • Controlled substance: means a controlled substance as defined in Article 1 (§ Virginia Code 6.2-300
  • Creditable service: means prior service plus membership service, as further defined in and modified by § Virginia Code 54.1-501
  • Customer: means any person, firm, partnership, corporation, or other entity that enters into a contract for invention development services with an invention developer. See Virginia Code 46.2-2109
  • Customer choice: means the opportunity for a retail customer in the Commonwealth to purchase electric energy from any supplier licensed and seeking to sell electric energy to that customer. See Virginia Code 46.2-1235
  • Damage: means any impact upon or removal of support from an underground facility as a result of excavation or demolition which according to the operating practices of the operator would necessitate the repair of such facility. See Virginia Code 46.2-1137
  • De novo branch: means a branch of a bank located in a host state which (i) is originally established by the bank as a branch and (ii) does not become a branch of the bank as a result of the acquisition of another bank or a branch of another bank, or the merger, consolidation, or conversion of any such bank or branch. See Virginia Code 6.2-836
  • Dealer: means any person who purchases motor fuel for sale to the general public for ultimate consumption. See Virginia Code 46.2-1572.2
  • Dealer: means any motor vehicle dealer as defined in § Virginia Code 46.2-1521
  • Default: means the failure to perform on time any obligation or duty set forth in the rental agreement or this chapter. See Virginia Code 46.2-1005
  • Defective drywall: means drywall, or similar building material composed of dried gypsum-based plaster, that (i) as a result of containing the same or greater levels of strontium sulfide that has been found in drywall manufactured in the People's Republic of China and imported into the United States between 2004 and 2007 is capable, when exposed to heat, humidity, or both, of releasing sulfur dioxide, hydrogen sulfide, carbon disulfide, or other sulfur compounds into the air or (ii) has been designated by the U. See Virginia Code 46.2-2087
  • Deferred compensation plan: means a plan established pursuant to the provisions of § 457(b) of the Internal Revenue Code of 1986, as amended, that may provide for elective and non-elective deferrals of compensation by or on behalf of employees and may include a qualified Roth contribution program as described in § 402A of the Internal Revenue Code of 1986, as amended. See Virginia Code 46.2-388
  • Deferred compensation plan: means a plan described in Chapter 6 (§ Virginia Code 37.2-422
  • Demand letter: means a letter, email, or other communication asserting, alleging, or claiming that the target has engaged in patent infringement, or that a target should obtain a license to a patent in order to avoid litigation, or any similar assertion. See Virginia Code 46.2-2118 v2
  • Demand response: means measures aimed at shifting time of use of electricity from peak-use periods to times of lower demand by inducing retail customers to curtail electricity usage during periods of congestion and higher prices in the electrical grid. See Virginia Code 46.2-1235
  • demolition: means any operation by which a structure or mass of material is wrecked, razed, rendered, moved, or removed by means of any tools, equipment, or discharge of explosives which could damage underground utility lines. See Virginia Code 46.2-1137
  • Demonstrator: means a new motor vehicle having a gross vehicle weight rating of less than 16,000 pounds that (i) has more than 750 miles accumulated on its odometer that has been driven by dealer personnel or by prospective purchasers during the course of selling, displaying, demonstrating, showing, or exhibiting it and (ii) may be sold as a new motor vehicle, provided the dealer complies with the provisions of subsection D of § Virginia Code 46.2-1572.2
  • Designated trail: means a winter sports area trail on which a participant is permitted by the operator to participate in a winter sport. See Virginia Code 6.2-1051
  • Designee of the local community services board: means an examiner designated by the local community services board who (i) is skilled in the assessment and treatment of mental illness, (ii) has completed a certification program approved by the Department of Behavioral Health and Developmental Services, (iii) is able to provide an independent examination of the minor, (iv) is not related by blood, marriage, or adoption to, or is not the legal guardian of, the minor being evaluated, (v) has no financial interest in the admission or treatment of the minor being evaluated, (vi) has no investment interest in the facility detaining or admitting the minor under this article, and (vii) except for employees of state hospitals and of the U. See Virginia Code 46.2-360
  • Designer: means any licensed professional designated by the project owner who designs government projects, commercial projects, residential projects consisting of 25 or more units, or industrial projects, which projects require the approval of governmental or regulatory authorities having jurisdiction over the project area. See Virginia Code 46.2-1137
  • detention home: means a local, regional or state public or private locked residential facility that has construction fixtures designed to prevent escape and to restrict the movement and activities of children held in lawful custody. See Virginia Code 37.2-422
  • Developer: means any person who offers, directly or indirectly, for disposition, any lots in a subdivision, but shall not include a trustee under a deed of trust securing an indebtedness or other obligation who sells lots within such subdivision under foreclosure proceedings provided the purpose in so doing is not to evade the provisions of this chapter. See Virginia Code 46.2-937
  • development: means to plan, design, develop, finance, lease, acquire, install, construct, or expand. See Virginia Code 46.2-1221
  • Developmental services: means planned, individualized, and person-centered services and supports provided to individuals with developmental disabilities for the purpose of enabling these individuals to increase their self-determination and independence, obtain employment, participate fully in all aspects of community life, advocate for themselves, and achieve their fullest potential to the greatest extent possible. See Virginia Code 37.2-100
  • Dextromethorphan: means the dextrorotatory isomer of 3-methoxy-N-methylmorphinan and its salts. See Virginia Code 46.2-920.2
  • Digital platform: means any online-enabled application, software, website, or system offered or utilized by a transportation network company that enables the prearrangement of rides with TNC partners. See Virginia Code 46.2-2000
  • Director: means the Director of the Department of Corrections. See Virginia Code 53.1-1
  • Director: means the Director of the Department of Professional and Occupational Regulation. See Virginia Code 46.2-1055
  • Director: means the Director of the Department of Environmental Quality. See Virginia Code 46.2-1176
  • Disabled parking license plate: means a license plate that displays the international symbol of access in the same size as the numbers and letters on the plate and in a color that contrasts with the background. See Virginia Code 46.2-100
  • Disabled veteran: means a veteran who (i) has either lost, or lost the use of, a leg, arm, or hand; (ii) is blind; or (iii) is permanently and totally disabled as certified by the U. See Virginia Code 46.2-100
  • Disaster: means (i) any man-made disaster including any condition following an attack by any enemy or foreign nation upon the United States resulting in substantial damage of property or injury to persons in the United States and may be by use of bombs, missiles, shell fire, nuclear, radiological, chemical, or biological means or other weapons or by overt paramilitary actions; terrorism, foreign and domestic; also any industrial, nuclear, or transportation accident, explosion, conflagration, power failure, resources shortage, or other condition such as sabotage, oil spills, and other injurious environmental contaminations that threaten or cause damage to property, human suffering, hardship, or loss of life; and (ii) any natural disaster including any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, drought, fire, communicable disease of public health threat, or other natural catastrophe resulting in damage, hardship, suffering, or possible loss of life;

    "Discharge" means spillage, leakage, pumping, pouring, seepage, emitting, dumping, emptying, injecting, escaping, leaching, fire, explosion, or other releases;

    "Emergency" means any occurrence, or threat thereof, whether natural or man-made, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property or natural resources and may involve governmental action beyond that authorized or contemplated by existing law because governmental inaction for the period required to amend the law to meet the exigency would work immediate and irrevocable harm upon the citizens or the environment of the Commonwealth or some clearly defined portion or portions thereof;

    "Emergency services" means the preparation for and the carrying out of functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions. See Virginia Code 37.2-427

  • Disbursement of loan funds: means the delivery of the loan funds by the lender to the settlement agent in one or more of the following forms:

    1. See Virginia Code 46.2-1029.2

  • Disbursement of settlement proceeds: means the payment of all proceeds of the transaction by the settlement agent to the persons entitled thereto. See Virginia Code 46.2-1029.2
  • Dismemberment: means a dismemberment covered under the group insurance coverage purchased by the Board. See Virginia Code 46.2-366
  • 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 46.2-1058
  • Distributor: shall mean any distributor, wholesaler, jobber, consignee or commission agent who purchases or otherwise acquires possession of or an interest in petroleum products under a contract of supply in the Commonwealth from a supplier for redistribution or wholesale sale;

    4. See Virginia Code 46.2-1573.10

  • distributor: means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale or licensing;

    4. See Virginia Code 46.2-2122 v2

  • Distributor: means a person who is licensed by the Department under this chapter and who sells or distributes new motor vehicles pursuant to a written agreement with the manufacturer to franchised motor vehicle dealers in the Commonwealth. See Virginia Code 46.2-1500
  • Distributor: means a person owning, controlling, or operating a retail distribution system to provide electric energy directly to retail customers. See Virginia Code 46.2-1235
  • Distributor branch: means a branch office licensed by the Department under this chapter and maintained by a distributor for the sale of motor vehicles to motor vehicle dealers or for directing or supervising, in whole or in part, its representatives in the Commonwealth. See Virginia Code 46.2-1500
  • Distributor representative: means a person who is licensed by the Department under this chapter and employed by a distributor or by a distributor branch, for the purpose of making or promoting the sale of motor vehicles or for supervising or contacting its dealers, prospective dealers, or representatives in the Commonwealth. See Virginia Code 46.2-1500
  • Districtwide permit: means a permit granted by the Department to a wireless services provider or wireless infrastructure provider that allows the permittee to use the rights-of-way under the Department's jurisdiction to install or maintain small cell facilities on existing structures in one of the Commonwealth's nine construction districts. See Virginia Code 46.2-1158.01
  • Division: means the Division of Consumer Counsel in the Department of Law. See Virginia Code 46.2-2103
  • Documentary material: means the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart, or other document, or data compilations stored in or accessible through computer or other information retrieval systems, together with instructions and all other materials necessary to use or interpret such data compilations, and any product of discovery. See Virginia Code 6.2-937
  • driver: means every person who either (i) drives or is in actual physical control of a motor vehicle on a highway or (ii) is exercising control over or steering a vehicle being towed by a motor vehicle. See Virginia Code 46.2-100
  • drug paraphernalia: means all equipment, products, and materials of any kind which are either designed for use or which are intended by the person charged with violating § Virginia Code 46.2-100
  • Electric personal delivery device: means an electrically powered device that (i) is operated on sidewalks, shared-use paths, and crosswalks and intended primarily to transport property; (ii) weighs less than 50 pounds, excluding cargo; (iii) has a maximum speed of 10 miles per hour; and (iv) is equipped with technology to allow for operation of the device with or without the active control or monitoring of a natural person. See Virginia Code 46.2-100
  • Electric personal delivery device operator: means an entity or its agent who exercises direct physical control or monitoring over the navigation system and operation of an electric personal delivery device. See Virginia Code 46.2-100
  • Electric power-assisted bicycle: means a vehicle that travels on not more than three wheels in contact with the ground and is equipped with (i) pedals that allow propulsion by human power and (ii) an electric motor with an input of no more than 1,000 watts that reduces the pedal effort required of the rider. See Virginia Code 46.2-100
  • Electric utility: means any person that generates, transmits, or distributes electric energy for use by retail customers in the Commonwealth, including any investor-owned electric utility, cooperative electric utility, or electric utility owned or operated by a municipality. See Virginia Code 46.2-1235
  • Electric utility: means any investor-owned public utility that provides electric energy for use by retail customers. See Virginia Code 46.2-1518
  • Electronic communication device: means (i) any type of instrument, device, machine, equipment or software that is capable of transmitting, acquiring, encrypting, decrypting or receiving any signs, signals, writings, images and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems or (ii) any part, accessory or component of such an instrument, device, machine, equipment or software, including, but not limited to, any computer circuit, computer chip, security module, smart card, electronic mechanism, or other component, accessory or part, that is capable of facilitating the transmission, acquisition, encryption, decryption or reception of signs, signals, writings, images, and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems. See Virginia Code 46.2-804
  • Electronic communication service: means any service provided for a charge or compensation to facilitate the lawful origination, transmission, emission or reception of signs, signals, writings, images and sounds or intelligence of any nature through the use of an electronic communication device as that term is defined in this section. See Virginia Code 46.2-804
  • Electronic communication service provider: means any person or entity providing any electronic communication service including (i) any person or entity owning or operating any cable television, satellite, Internet-based, telephone, wireless, microwave, fiber optic, data transmission or radio distribution network, system or facility; (ii) any person or entity that for a fee supplies equipment or services to an electronic communication service provider; and (iii) any person or entity providing an electronic communication service directly or indirectly using any of the systems, networks, or facilities described in clause (i). See Virginia Code 46.2-804
  • electronic system: means a real-time electronic recordkeeping and monitoring system for the sale of ephedrine or related compounds. See Virginia Code 46.2-915.2
  • Eligible costs: means the down payment and allowable closing costs for the purchase of a single-family residence in the Commonwealth by a qualified beneficiary. See Virginia Code 46.2-1062
  • Eligible employee stock ownership plan: means an employee stock ownership plan as such term is defined in § 4975(e)(7) of the Internal Revenue Code of 1986, as amended, sponsored by a professional corporation and with respect to which:

    1. See Virginia Code 6.2-408

  • Eligible expansion investment: means that portion of the total capital investment made by a natural gas utility in constructing eligible system expansion infrastructure that is in excess of those costs that would be considered economic under a natural gas utility's economic test, net of any contributions in aid of construction, up to the maximum level of investment per affected customer specified in a system expansion plan. See Virginia Code 46.2-1527.9
  • Eligible infrastructure: means storage, compressed natural gas, liquefied natural gas, transmission and distribution facilities to be used in the delivery of natural gas, or supplemental or substitute forms of gas sources by a natural gas utility. See Virginia Code 46.2-1527.4
  • Eligible infrastructure replacement: means natural gas utility facility replacement projects that: (i) enhance safety or reliability by reducing system integrity risks associated with customer outages, corrosion, equipment failures, material failures, or natural forces; (ii) do not increase revenues by directly connecting the infrastructure replacement to new customers; (iii) reduce or have the potential to reduce greenhouse gas emissions; (iv) are commenced on or after January 1, 2010; and (v) are not included in the natural gas utility's rate base in its most recent rate case using the cost of service methodology set forth in § Virginia Code 46.2-1190.2
  • Emissions inspection station: means any facility or portion of a facility that has obtained an emissions inspection station permit from the Director authorizing the facility to perform emissions inspections in accordance with this article. See Virginia Code 46.2-1176
  • Employee: means an employee of the local community services board who is skilled in the assessment and treatment of mental illness and has completed a certification program approved by the Department of Behavioral Health and Developmental Services. See Virginia Code 46.2-360
  • Employee: means a state police officer. See Virginia Code 46.2-341.26:3
  • Employee: means any (i) member of the Capitol Police Force as described in § Virginia Code 46.2-388
  • Employee: includes an employee or officer of the Commonwealth. See Virginia Code 6.2-937
  • Employee: means , in the case of the plan described in § Virginia Code 46.2-398
  • Energy efficiency program: means a program that reduces the total amount of electricity that is required for the same process or activity implemented after the expiration of capped rates. See Virginia Code 46.2-1235
  • Enhanced emissions inspection program: means a motor vehicle emissions inspection system established by regulations of the Board that shall designate, as the only authorized testing equipment for emissions inspection stations, (i) the use of the ASM 50-15 (acceleration simulation mode or method) together with an OBD-II (on-board diagnostic system) with wireless capability, (ii) the use of the ASM 50-15 together with the use of a dynamometer, and (iii) two-speed tailpipe testing equipment. See Virginia Code 46.2-1176
  • Entity: means any corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or other legal or commercial entity. See Virginia Code 6.2-100
  • Ephedrine or related compounds: means ephedrine and pseudoephedrine base or their salts, isomers, or salts of isomers. See Virginia Code 46.2-915.2
  • Equipment or materials used to manufacture an unlawful electronic communication device: means (i) a scanner capable of intercepting the electronic serial number or mobile identification number of a cellular or other wireless telephone; (ii) electronic software or hardware capable of altering or changing the factory-installed electronic serial number of a cellular or other wireless telephone or a computer containing such software; (iii) a list of cellular or other wireless telephone electronic serial numbers with their associated mobile identification numbers; or (iv) a part, accessory or component of an unlawful electronic communications device possessed or used in the manufacture of such device including any electronic serial number, computer software, mobile identification number, service access card, account number, or personal identification number used to acquire, receive, use, decrypt or transmit an electronic communication service without the actual consent or knowledge of the electronic communication service provider. See Virginia Code 46.2-804
  • ERISA: means the federal Employee Retirement Income Security Act of 1974 (P. See Virginia Code 6.2-951
  • Escrow: means written instruments, money, or other items deposited by a party with a settlement agent for delivery to other persons upon the performance of specified conditions or the happening of a certain event. See Virginia Code 46.2-1037
  • Ex officio: means service by virtue of one's office and includes voting privileges for ex officio members unless otherwise provided. See Virginia Code 2.2-1106
  • excavation: means any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of any tools, equipment, or explosives and includes, without limitation, grading, trenching, digging, ditching, dredging, drilling, augering, tunneling, scraping, cable or pipe plowing and driving, wrecking, razing, rendering, moving, or removing any structure or mass of material. See Virginia Code 46.2-1137
  • Exchange client: means the taxpayer with whom the exchange facilitator enters into an agreement described in subdivision 1 of the definition of exchange facilitator. See Virginia Code 46.2-1026
  • Exchange facilitator: means a person that:

    1. See Virginia Code 46.2-1026

  • Exchange funds: means the funds received by the exchange facilitator from or on behalf of the exchange client for the purpose of facilitating an exchange of like-kind property. See Virginia Code 46.2-1026
  • Excursion train: means any steam-powered train that carries passengers for which the primary purpose of the operation of such train is the passengers' experience and enjoyment of this means of transportation, and does not, in the course of operation, carry (i) freight other than the personal luggage of the passengers or crew or supplies and equipment necessary to serve the needs of the passengers and crew, (ii) passengers who are commuting to work, or (iii) passengers who are traveling to their final destination solely for business or commercial purposes. See Virginia Code 46.2-2000
  • exhibition: means showing a motion picture to the public for a charge;

    6. See Virginia Code 46.2-2122 v2

  • exhibitor: means any person engaged in the business of operating one or more theaters;

    5. See Virginia Code 46.2-2122 v2

  • Existing structure: includes any structure that is currently supporting, designed to support, or capable of supporting the attachment of wireless facilities, including towers, buildings, utility poles, light poles, flag poles, signs, and water towers. See Virginia Code 46.2-1158.01
  • Explosive or incendiary device: means (i) dynamite and all other forms of high explosives, (ii) any explosive bomb, grenade, missile, or similar device, or (iii) any incendiary bomb or grenade, fire bomb, or similar device, including any device which consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound, and can be carried or thrown by one individual acting alone. See Virginia Code 46.2-1200
  • Explosives: means any chemical compound, mechanical mixture or device the primary or common purpose of which is to function by explosion. See Virginia Code 46.2-2011.31
  • Extraordinary circumstances: means floods, snow, ice storms, tornadoes, earthquakes, or other natural disasters. See Virginia Code 46.2-1137
  • Facility: means a state or licensed hospital, training center, psychiatric hospital, or other type of residential or outpatient mental health or developmental services facility. See Virginia Code 37.2-100
  • Facility: means a location where health club services are offered as designated in a health club contract. See Virginia Code 46.2-2145
  • Factory branch: means a branch office maintained by a person for the sale of motor vehicles to distributors or for the sale of motor vehicles to motor vehicle dealers, or for directing or supervising, in whole or in part, its representatives in the Commonwealth. See Virginia Code 46.2-1500
  • Factory representative: means a person who is licensed by the Department under this chapter and employed by a person who manufactures or assembles motor vehicles or by a factory branch for the purpose of making or promoting the sale of its motor vehicles or for supervising or contacting its dealers, prospective dealers, or representatives in the Commonwealth. See Virginia Code 46.2-1500
  • Factory repurchase motor vehicle: means a motor vehicle sold, leased, rented, consigned, or otherwise transferred to a person under an agreement that the motor vehicle will be resold or otherwise retransferred only to the manufacturer or distributor of the motor vehicle, and which is reacquired by the manufacturer or distributor, or its agents. See Virginia Code 46.2-1500
  • Fair market rental value: means the rent that a rental property will bring when offered for lease by a lessor who desires to lease the property but is not obligated to do so and leased by a lessee under no necessity of leasing. See Virginia Code 46.2-1101
  • Family abuse: means any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury and that is committed by a person against such person's family or household member. See Virginia Code 37.2-422
  • Family member: means an immediate family member of an individual receiving services or the principal caregiver of that individual. See Virginia Code 37.2-100
  • Family member: means a person who either (i) is the spouse, child, grandchild, spouse of a child, spouse of a grandchild, brother, sister, or parent of the dealer or owner or (ii) has been employed continuously by the dealer for at least five years. See Virginia Code 46.2-1500
  • Family member: means a spouse, brother, sister, parent, grandparent, child, grandchild, mother-in-law, father-in-law, daughter-in-law, son-in-law, stepparent, or stepchild, or a lineal descendant of the dealer or principal owner of the dealership. See Virginia Code 54.1-501
  • Family or household member: means (i) the person's spouse, whether or not he or she resides in the same home with the person, (ii) the person's former spouse, whether or not he or she resides in the same home with the person, (iii) the person's parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents and grandchildren, regardless of whether such persons reside in the same home with the person, (iv) the person's mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law and sisters-in-law who reside in the same home with the person, (v) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time, or (vi) any individual who cohabits or who, within the previous 12 months, cohabited with the person, and any children of either of them then residing in the same home with the person. See Virginia Code 37.2-422
  • Farm tractor: means every motor vehicle designed and used as a farm, agricultural, or horticultural implement for drawing plows, mowing machines, and other farm, agricultural, or horticultural machinery and implements, including self-propelled mowers designed and used for mowing lawns. See Virginia Code 46.2-100
  • FDIC: means the Federal Deposit Insurance Corporation. See Virginia Code 6.2-800
  • Federal Act: means the federal Natural Gas Pipeline Safety Act of 1968, P. See Virginia Code 46.2-1219.1
  • Federal agency: means the federal officer, department, or agency charged on behalf of the federal government with the particular federal functions referred to in this chapter in connection with such term. See Virginia Code 46.2-398
  • Federal Insurance Contributions Act: means subchapters A and B of Chapter 21 of the Internal Revenue Code of 1986, as amended. See Virginia Code 46.2-398
  • Federal safety requirements: means applicable provisions of 49 U. See Virginia Code 46.2-100
  • Federated fund-raising organization: means any federation of independent charitable organizations that have voluntarily joined together, including but not limited to a United Fund or Community Chest, for purposes of raising and distributing money for and among themselves and where membership does not confer operating authority and control of the individual agencies upon the federated group organization. See Virginia Code 46.2-1532
  • Felonious assault: means a physical assault (i) by another person resulting in bodily harm to an insured employee; (ii) that takes place while such employee is performing his customary duties at the employer's normal place of business or at other places the employer's business requires him to travel; (iii) that involves the use of force or violence with the intent to cause harm; and (iv) that is a felony or misdemeanor under applicable law. See Virginia Code 46.2-366
  • Fiduciary: means executor, administrator, conservator, guardian of a minor, committee, or trustee. See Virginia Code 6.2-1013
  • Fiduciary: shall include any one or more of the following:

    a. See Virginia Code 2.2-4311.1

  • Fiduciary capacity: means every capacity in which a trust institution is granted the right to act pursuant to § Virginia Code 46.2-100
  • Financial responsibility: means the ability to respond in damages for liability thereafter incurred arising out of the ownership, maintenance, use, or operation of a motor vehicle, in the amounts provided for in this chapter. See Virginia Code 46.2-2100
  • Firearm: means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material; or the frame or receiver of any such weapon. See Virginia Code 46.2-1200
  • first mortgage: includes all deeds of trust and mortgages, and amendments thereto, that are made by the same grantor or mortgagor, secure notes held by the same holder, convey substantially the same real estate, and are superior to all other deeds of trust or mortgages on the real estate. See Virginia Code 6.2-300
  • Fitzpatrick scale: means the following scale for classifying a skin type, based on the skin's reaction to the first 10 to 45 minutes of sun exposure after the winter season:

    aSkin Type:Sunburning and Tanning History
    b1Always burns easily; never tans
    c2Always burns easily; tans minimally
    d3Burns moderately; tans gradually
    e4Burns minimally; always tans well
    f5Rarely burns; tans profusely
    g6Never burns; deeply pigmented

    "Owner" means a person who owns or operates a tanning facility. See Virginia Code 46.2-2168

  • Fixed costs: means any and all of the utility's nongas costs of service, together with an authorized return thereon, that are not associated with the cost of the natural gas commodity flowing through and measured by the customer's meter. See Virginia Code 46.2-1521
  • Fleet emissions inspection station: means any inspection facility operated under a permit issued to a qualified fleet owner or lessee as determined by the Director. See Virginia Code 46.2-1176
  • Force majeure: means an act of God or any other cause not reasonably within the control of the supplier. See Virginia Code 46.2-1573.10
  • Foreign market vehicle: means any motor vehicle originally manufactured outside the United States, which was not manufactured in accordance with 49 U. See Virginia Code 46.2-100
  • Foreign vehicle: means every motor vehicle, trailer, or semitrailer that is brought into the Commonwealth otherwise than in the ordinary course of business by or through a manufacturer or dealer and that has not been registered in the Commonwealth. See Virginia Code 46.2-100
  • Franchise: means a written contract or agreement between two or more persons, by which:

    1. See Virginia Code 6.2-432

  • Franchise: includes any severable part or parts of a franchise agreement which separately provides for selling and servicing different line-makes of the franchisor. See Virginia Code 46.2-1500
  • franchise agreement: means any agreement, express or implied, between a refiner and a dealer under which a refiner authorizes or permits a dealer to use, in connection with the sale, consignment, or distribution of motor fuel, a trademark which is owned or controlled by such refiner. See Virginia Code 46.2-1572.2
  • Franchise fee: means any fee or charge that a dealer is required to pay or agrees to pay for the right to enter into a franchise agreement or to become a dealer at the premises to which the franchise agreement relates. See Virginia Code 46.2-1572.2
  • franchised dealer: means a dealer in new motor vehicles that has a franchise agreement with a manufacturer or distributor of new motor vehicles to sell new motor vehicles or to sell used motor vehicles under the trademark of a manufacturer or distributor regardless of the age of the motor vehicles. See Virginia Code 46.2-1500
  • Franchisee: means a person to whom a franchise is granted or sold. See Virginia Code 6.2-432
  • Franchisor: means a refiner who authorizes or permits, under a franchise, a dealer to use a trademark in connection with the sale, consignment, or distribution of motor fuel. See Virginia Code 46.2-1572.2
  • Franchisor: means a person, including a subfranchisor, who grants or sells, or offers to grant or sell, a franchise. See Virginia Code 6.2-432
  • Freestyler: means a winter sports participant utilizing freestyle terrain or a freestyle terrain park. See Virginia Code 6.2-1051
  • Front side windows: means those windows located adjacent to and forward of the driver's seat;

    "Holographic effect" means a picture or image that may remain constant or change as the viewing angle is changed;

    "Multipurpose passenger vehicle" means any motor vehicle that is (i) designed to carry no more than 10 persons and (ii) constructed either on a truck chassis or with special features for occasional off-road use;

    "Prism effect" means a visual, iridescent, or rainbow-like effect that separates light into various colored components that may change depending on viewing angle;

    "Rear side windows" means those windows located to the rear of the driver's seat;

    "Rear window" or "rear windows" means those windows which are located to the rear of the passenger compartment of a motor vehicle and which are approximately parallel to the windshield. See Virginia Code 46.2-1052

  • Fund: means the Behavioral Health and Developmental Services Trust Fund. See Virginia Code 37.2-317
  • Fund: means the Motor Vehicle Dealer Board Fund. See Virginia Code 46.2-1500
  • Fund: means the Assistive Technology Loan Fund established pursuant to this chapter. See Virginia Code 46.2-463
  • Fund-raising expenses: means the expenses of all activities that constitute or are an integral and inseparable part of a solicitation. See Virginia Code 46.2-1532
  • Gaming expenses: means prizes, supplies, costs of publicizing gaming activities, audit and administration or permit fees, and a portion of the rent, utilities, accounting and legal fees and such other reasonable and proper expenses as are directly incurred for the conduct of charitable gaming. See Virginia Code 46.2-1101
  • Gas: means natural gas, flammable gas, or toxic or corrosive gas. See Virginia Code 46.2-1219.1
  • Gas pipeline facility: includes a pipeline, a right of way, a facility, a building, or equipment used in transporting gas or treating gas during its transportation. See Virginia Code 46.2-1219.1
  • Gasoline: shall be construed to include naphtha, benzine and other like liquids and fluids derived from petroleum or other sources and used, or intended to be used, for power purposes, except kerosene. See Virginia Code 46.2-2056
  • Generator: means a person owning, controlling, or operating a facility that produces electric energy for sale. See Virginia Code 46.2-1235
  • Golf cart: means a self-propelled vehicle that is designed to transport persons playing golf and their equipment on a golf course. See Virginia Code 46.2-100
  • Good cause: means failure by a dealer to comply with requirements imposed upon the dealer by the agreement if the requirements are not different from those imposed on other dealers similarly situated in this Commonwealth. See Virginia Code 54.1-501
  • goods: means tangible personal property and also includes a merchandise certificate whereby a writing is issued by the seller which is not redeemable in cash and is usable in lieu of cash in exchange for goods or services; "seller" means seller or lessor and "buyer" means buyer or lessee. See Virginia Code 46.2-1567
  • Goods: means all real, personal or mixed property, tangible or intangible. See Virginia Code 46.2-2087
  • 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 of a property owners' association. See Virginia Code 46.2-1055
  • 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 23.1-808
  • Governing body: means the board of supervisors of a county, council of a city, or council of a town, as context may require. See Virginia Code 46.2-100
  • Gross receipts: means the total amount of money generated by an organization from charitable gaming before the deduction of expenses, including prizes. See Virginia Code 46.2-1101
  • Gross weight: means the total weight of the commodity, including any wrapper, and any other material or thing weighed or packed with such commodity, and including the vehicle or vessel containing the commodity. See Virginia Code 2.2-2349.1
  • Gross weight: means the aggregate weight of a vehicle or combination of vehicles and the load thereon. See Virginia Code 46.2-100
  • Gross weight: means the weight of a truck after a shipment has been loaded. See Virginia Code 46.2-2100
  • Hand digging: means any excavation involving nonmechanized tools or equipment. See Virginia Code 46.2-1137
  • Handgun: means any pistol or revolver or other firearm, except a machine gun, originally designed, made, and intended to fire a projectile by means of an explosion of a combustible material from one or more barrels when held in one hand. See Virginia Code 46.2-1031
  • Handling charge: means any charge, fee or sum of money which is paid by a consumer to receive a prize, gift or any item of value including, but not limited to, promotional fees, redemption fees, registration fees or delivery costs. See Virginia Code 54.1-908
  • Harmful to juveniles: means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it (a) predominantly appeals to the prurient, shameful or morbid interest of juveniles, (b) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for juveniles, and (c) is, when taken as a whole, lacking in serious literary, artistic, political or scientific value for juveniles. See Virginia Code 46.2-1168
  • Hazard mitigation: means any action taken to reduce or eliminate the long-term risk to human life and property from natural hazards;

    "Hazardous substances" means all materials or substances which now or hereafter are designated, defined, or characterized as hazardous by law or regulation of the Commonwealth or regulation of the United States government;

    "Interjurisdictional agency for emergency management" is any organization established between contiguous political subdivisions to facilitate the cooperation and protection of the subdivisions in the work of disaster prevention, preparedness, response, and recovery;

    "Local emergency" means the condition declared by the local governing body when in its judgment the threat or actual occurrence of an emergency or disaster is or threatens to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate the damage, loss, hardship or suffering threatened or caused thereby; provided, however, that a local emergency arising wholly or substantially out of a resource shortage may be declared only by the Governor, upon petition of the local governing body, when he deems the threat or actual occurrence of such an emergency or disaster to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate the damage, loss, hardship or suffering threatened or caused thereby; provided, however, nothing in this chapter shall be construed as prohibiting a local governing body from the prudent management of its water supply to prevent or manage a water shortage;

    "Local emergency management organization" means an organization created in accordance with the provisions of this chapter by local authority to perform local emergency service functions;

    "Major disaster" means any natural catastrophe, including any: hurricane, tornado, storm, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm or drought, or regardless of cause, any fire, flood, or explosion, in any part of the United States, which, in the determination of the President of the United States is, or thereafter determined to be, of sufficient severity and magnitude to warrant major disaster assistance under the Stafford Act (P. See Virginia Code 37.2-427

  • Hazardous materials: means substances or materials which may pose unreasonable risks to health, safety, property, or the environment when used, transported, stored or disposed of, which may include materials which are solid, liquid or gas. See Virginia Code 37.2-719
  • Health care provider: means a health care provider as defined in § Virginia Code 6.2-849
  • Host state: means a state, other than the home state of a bank, in which the bank maintains, or seeks to establish and maintain, a branch. See Virginia Code 6.2-836
  • Host state: has the meaning assigned to it in § Virginia Code 3.2-6500
  • Humane investigator: means a person who has been appointed by a circuit court as a humane investigator as provided in § Virginia Code 46.2-2000
  • Identification marker: means a decal or other visible identification issued by the Department to show (i) that the operator of the vehicle has registered with the Department for the payment of the road tax imposed under Chapter 27 (§ Virginia Code 46.2-366
  • 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
  • Incapable of making an informed decision: means unable to understand the nature, extent, or probable consequences of a proposed treatment or unable to make a rational evaluation of the risks and benefits of the proposed treatment as compared with the risks and benefits of alternatives to the treatment. See Virginia Code 46.2-360
  • incarcerated: means confinement in a local or regional correctional facility, juvenile correctional center, state correctional facility, residential detention center, or facility operated pursuant to the Corrections Private Management Act (§ Virginia Code 46.2-1072.1
  • Independent living services: means services and activities provided to a child in foster care 14 years of age or older and who has been committed or entrusted to a local board of social services, child welfare agency, or private child-placing agency. See Virginia Code 37.2-422
  • Independent motor vehicle dealer: means a dealer in used motor vehicles. See Virginia Code 46.2-1500
  • Independent system operator: means a person that may receive or has received, by transfer pursuant to this chapter, any ownership or control of, or any responsibility to operate, all or part of the transmission systems in the Commonwealth. See Virginia Code 46.2-1235
  • individual: means a current direct recipient of public or private mental health, developmental, or substance abuse treatment, rehabilitation, or habilitation services and includes the terms "consumer" "patient" "resident" "recipient" or "client. See Virginia Code 37.2-100
  • Individual: shall include any companion animal. See Virginia Code 37.2-427
  • Information provider: means any person providing pay-per-call services. See Virginia Code 54.1-922
  • Infrastructure: means all property, whether attached to real property or not, now used by Bristol Virginia Utilities and hereafter used by the Authority for the provision of (i) electric, water, sewer, telecommunications, internet, and cable television services and (ii) all other utility services the Authority may lawfully provide. See Virginia Code 33.2-707
  • 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 2.2-1128
  • inherent risks of the winter sport: include :

    1. See Virginia Code 6.2-1051

  • Initiation fee: means a nonrecurring fee charged at or near the beginning of a health club membership, and includes all fees or charges not part of the monthly fee. See Virginia Code 46.2-2145
  • Inpatient treatment: means placement for observation, diagnosis, or treatment of mental illness in a psychiatric hospital or in any other type of mental health facility determined by the Department of Behavioral Health and Developmental Services to be substantially similar to a psychiatric hospital with respect to restrictions on freedom and therapeutic intrusiveness. See Virginia Code 46.2-360
  • insolvent: means incapable of meeting the current demands of creditors or having liabilities which, in total, exceed the book value of assets. See Virginia Code 6.2-912
  • Instructor: means any person, whether acting for himself as operator of a driver training clinic or for such clinic for compensation, who is licensed by the Department as prescribed by this chapter and who teaches, conducts classes, gives demonstrations, or supervises persons undergoing mandatory or voluntary driver improvement training. See Virginia Code 46.2-490.3
  • Insurance fraud: means any commission or attempted commission of the criminal acts and practices defined in § Virginia Code 6.2-1013
  • Investment advisor representative: has the meaning assigned to it in § Virginia Code 46.2-360
  • judge: means the judge or the substitute judge of the juvenile and domestic relations district court of each county or city. See Virginia Code 37.2-422
  • Judge: means any judge, associate judge or substitute judge of any court or any magistrate. See Virginia Code 10.1-114
  • Judge: means any justice or judge of a court of record of the Commonwealth, any member of the State Corporation Commission or Virginia Workers' Compensation Commission, any judge of a district court of the Commonwealth other than a substitute judge of such district court, and any executive secretary of the Supreme Court assuming such position between December 1, 1975, and January 31, 1976. See Virginia Code 46.2-347
  • Judicial officer: means , unless otherwise indicated, any magistrate serving the jurisdiction, any judge of a district court and the clerk or deputy clerk of any district court or circuit court within their respective cities and counties, any judge of a circuit court, any judge of the Court of Appeals and any justice of the Supreme Court of Virginia. See Virginia Code 46.2-1573.16
  • Juvenile: means a person less than 18 years of age. See Virginia Code 46.2-1168
  • juvenile and domestic relations court: means the juvenile and domestic relations district court of each county or city. See Virginia Code 37.2-422
  • Knowingly: means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both (a) the character and content of any material described herein which is reasonably susceptible of examination by the defendant, and (b) the age of the juvenile, provided however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such juvenile. See Virginia Code 46.2-1168
  • Land records: means any writing authorized by law to be recorded on paper or in electronic format that the clerk records affecting title to real property, including but not limited to instruments, orders, or any other writings recorded under this title, Article 5 (§ Virginia Code 46.2-1031
  • Law-enforcement officer: means any officer as defined in § Virginia Code 46.2-1037
  • 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
  • leased marketing premises: means the premises at which petroleum products are sold to the general public. See Virginia Code 46.2-1572.2
  • Leased space: means the individual storage space at the self-service facility which is leased or rented to an occupant pursuant to a rental agreement. See Virginia Code 46.2-1005
  • Least restrictive alternative: means the treatment and conditions of treatment which, separately and in combination, are no more intrusive or restrictive of freedom than reasonably necessary to achieve a substantial therapeutic benefit or to protect the minor or others from physical injury. See Virginia Code 46.2-360
  • Legal custody: means (i) a legal status created by court order which vests in a custodian the right to have physical custody of the child, to determine and redetermine where and with whom he shall live, the right and duty to protect, train and discipline him and to provide him with food, shelter, education and ordinary medical care, all subject to any residual parental rights and responsibilities or (ii) the legal status created by court order of joint custody as defined in § Virginia Code 46.2-1221
  • Measure: means an individual item, service, offering, or rebate available to a customer of a natural gas utility as part of the utility's conservation and ratemaking efficiency plan. See Virginia Code 46.2-1521
  • Measured and verified: means a process determined pursuant to methods accepted for use by utilities and industries to measure, verify, and validate energy savings and peak demand savings. See Virginia Code 46.2-1235
  • Media: means print, radio, television, and Internet-based communication systems or other methods of communicating information to the public. See Virginia Code 46.2-613.4
  • Media: means print, radio, television, and Internet-based communication systems or other methods of communicating information to the public. See Virginia Code 46.2-615
  • Member: means any person included in the membership of the retirement system as provided in this chapter. See Virginia Code 46.2-341.26:3
  • Member: means any person included in the membership of the Retirement System as provided in this chapter. See Virginia Code 46.2-341.29
  • member of the council: means a member of the governing body of a city or town. See Virginia Code 23.1-808
  • Membership: means those persons to whom, for payment of fees, dues, assessments, etc. See Virginia Code 46.2-1532
  • Mental health facility: means a public or private facility for the treatment of mental illness operated or licensed by the Department of Behavioral Health and Developmental Services. See Virginia Code 46.2-360
  • Mental health services: means planned individualized interventions intended to reduce or ameliorate mental illness or the effects of mental illness through care, treatment, counseling, rehabilitation, medical or psychiatric care, or other supports provided to individuals with mental illness for the purpose of enabling these individuals to increase their self-determination and independence, obtain remunerative employment, participate fully in all aspects of community life, advocate for themselves, and achieve their fullest potential to the greatest extent possible. See Virginia Code 37.2-100
  • Mental illness: means a substantial disorder of the minor's cognitive, volitional, or emotional processes that demonstrably and significantly impairs judgment or capacity to recognize reality or to control behavior. See Virginia Code 46.2-360
  • Mental illness: means a disorder of thought, mood, emotion, perception, or orientation that significantly impairs judgment, behavior, capacity to recognize reality, or ability to address basic life necessities and requires care and treatment for the health, safety, or recovery of the individual or for the safety of others. See Virginia Code 37.2-100
  • Mental impairment: means (i) a disability attributable to intellectual disability, autism, or any other neurologically handicapping condition closely related to intellectual disability and requiring treatment similar to that required by individuals with intellectual disability or (ii) an organic or mental impairment that has substantial adverse effects on an individual's cognitive or volitional functions, including central nervous system disorders or significant discrepancies among mental functions of an individual. See Virginia Code 46.2-454
  • Mental incapacity: means that condition of the complaining witness existing at the time of an offense under this article which prevents the complaining witness from understanding the nature or consequences of the sexual act involved in such offense and about which the accused knew or should have known. See Virginia Code 46.2-741
  • Minor: means a person less than 18 years of age. See Virginia Code 46.2-360
  • minor: means a person less than 18 years of age. See Virginia Code 37.2-422
  • Misappropriation: means :

    1. See Virginia Code 54.1-409

  • Missing child: means any person who is under the age of 21 years, whose temporary or permanent residence is in Virginia, or is believed to be in Virginia, whose whereabouts are unknown to any parent, guardian, legal custodian or other person standing in loco parentis of the child, and who has been reported as missing to a law-enforcement agency within the Commonwealth. See Virginia Code 46.2-613.1 v2
  • Missing child report: means a report prepared in a format prescribed by the Superintendent for use by law-enforcement agencies to report missing child information to the Missing Children Information Clearinghouse. See Virginia Code 46.2-613.1 v2
  • Missing senior adult: means an adult whose whereabouts are unknown and who is over 60 years of age and suffers a cognitive impairment to the extent that he is unable to provide care to himself without assistance from a caregiver, including a diagnosis of Alzheimer's Disease or dementia, and whose disappearance poses a credible threat as determined by a law-enforcement agency to the health and safety of the adult and under such other circumstances as deemed appropriate by the Virginia State Police. See Virginia Code 46.2-615
  • MLEC: means any city, county, or town certificated to provide local exchange and/or interexchange telecommunications services pursuant to § Virginia Code 46.2-2145
  • Moped: means every vehicle that travels on not more than three wheels in contact with the ground that (i) has a seat that is no less than 24 inches in height, measured from the middle of the seat perpendicular to the ground; (ii) has a gasoline, electric, or hybrid motor that (a) displaces 50 cubic centimeters or less or (b) has an input of 1500 watts or less; (iii) is power-driven, with or without pedals that allow propulsion by human power; and (iv) is not operated at speeds in excess of 35 miles per hour. See Virginia Code 46.2-100
  • Motor carrier: means any person who undertakes whether directly or by a lease, to transport property, including household goods, as defined by this chapter, for compensation over the highways of the Commonwealth. See Virginia Code 46.2-2100
  • Motor carrier: means any person who undertakes, whether directly or by lease, to transport passengers for compensation over the highways of the Commonwealth. See Virginia Code 46.2-2000
  • Motor fuel: means any liquid or gaseous matter used for the generation of power in an internal combustion engine. See Virginia Code 46.2-2056
  • Motor home: means every private motor vehicle with a normal seating capacity of not more than 10 persons, including the driver, designed primarily for use as living quarters for human beings. See Virginia Code 46.2-100
  • Motor vehicle: means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of property, but does not include any vehicle, locomotive or car operated exclusively on a rail or rails. See Virginia Code 46.2-2100
  • Motor vehicle: shall mean every vehicle which is self-propelled or designed for self-propulsion and every vehicle drawn by or designed to be drawn by a motor vehicle and includes every device in, upon or by which any property is or can be transported or drawn upon a highway, whether or not required to be licensed by the Commonwealth, but shall not include devices moved by human or animal power or devices used exclusively upon stationary rails or tracks. See Virginia Code 19.2-231
  • Motor vehicle: means only passenger cars, pickup or panel trucks, motorcycles, self-propelled motorized chassis of motor homes and mopeds as those terms are defined in § Virginia Code 46.2-2103
  • Motor vehicle: means the same as provided in § Virginia Code 46.2-1500
  • Motorcycle: means every motor vehicle designed to travel on not more than three wheels in contact with the ground and is capable of traveling at speeds in excess of 35 miles per hour. See Virginia Code 46.2-100
  • Motorized skateboard or foot-scooter: includes vehicles with or without handlebars but does not include "electric personal assistive mobility devices. See Virginia Code 46.2-100
  • Multiple-party account: means any of the following types of account: (i) a joint account, (ii) a P. See Virginia Code 6.2-604
  • municipal corporation: shall include an authority created by a governmental unit exempt from the referendum requirement of § Virginia Code 46.2-820
  • Natural gas utility: means any investor-owned public service company engaged in the business of furnishing natural gas service to the public. See Virginia Code 46.2-1527.2
  • Natural gas utility: means an investor-owned public service company engaged in the business of furnishing natural gas service to the public. See Virginia Code 46.2-1527.4
  • Natural gas utility: means any investor-owned public service company engaged in the business of furnishing natural gas service to the public. See Virginia Code 46.2-1527.9
  • Neglect: means failure by a person or a program or facility operated, licensed, or funded by the Department, excluding those operated by the Department of Corrections, responsible for providing services to do so, including nourishment, treatment, care, goods, or services necessary to the health, safety, or welfare of an individual receiving care or treatment for mental illness, developmental disabilities, or substance abuse. See Virginia Code 37.2-100
  • Net cost: means the price the dealer paid the supplier for the inventory, less all applicable discounts allowed, plus the amount the dealer paid for freight costs from the supplier's location to the dealer's location, plus reasonable cost of assembly or disassembly performed by the dealer. See Virginia Code 54.1-501
  • Net proceeds: means the gross amount received by the seller on account of the sale of any assets (i) less costs incurred on behalf of the seller in connection with such sale and (ii), if after the sale the sold assets will be used by an entity other than a state agency or instrumentality or a local governmental entity in a governmental activity and debt obligations financed any portion of the sold assets and any amount of such obligations is outstanding at the time of the sale, less the amount necessary to provide for the payment or redemption of the portion of such outstanding obligations that financed the sold assets, which amount shall be used to pay or redeem such obligations or shall be transferred to the third party issuer of the obligations for a use permitted in accordance with such obligations. See Virginia Code 37.2-317
  • Net weight: means the tare weight subtracted from the gross weight. See Virginia Code 46.2-2100
  • Net weight: means the net weight of a commodity, that is, the weight of the commodity exclusive of any wrapper, and any other material or thing weighed or packed with such commodity, and excluding the vehicle or vessel containing the commodity. See Virginia Code 2.2-2349.1
  • Network bingo: means a specific bingo game in which pari-mutuel play is permitted. See Virginia Code 46.2-1101
  • Network bingo provider: means a person licensed by the Department to operate network bingo. See Virginia Code 46.2-1101
  • New motor vehicle: means any vehicle, excluding trailers, that is in the possession of the manufacturer, factory branch, distributor, distributor branch, or motor vehicle dealer and for which an original title has not been issued by the Department or by the issuing agency of any other state and has less than 7,500 miles accumulated on its odometer. See Virginia Code 46.2-1500
  • New trailer: means any trailer that (i) has not been previously sold except in good faith for the purpose of resale; (ii) has not been used as a rental, driver education, or demonstration trailer or for the personal or business transportation of the manufacturer, distributor, dealer, or any of its employees; (iii) has not been used except for limited use necessary in moving or road testing the trailer prior to delivery to a customer; (iv) is transferred by a certificate of origin; and (v) has the manufacturer's certification that it conforms to all applicable federal trailer safety and emission standards. See Virginia Code 46.2-1500
  • New underground facilities: includes underground cables with voltages of 69 kilovolts or less, pad-mounted devices, connections at customer meters, and transition terminations from existing overhead distribution sources. See Virginia Code 46.2-1235
  • Newly remodeled facility: means a retail outlet, marketing premises, or leased marketing premises which, within an 18-month period, has been rebuilt, renovated, or reconstructed at a cost of (i) for facilities remodeled before January 1, 2004, a minimum of $560,000; or (ii) for facilities remodeled on or after January 1, 2004, a minimum of $560,000 plus an amount reflecting the annual rate of inflation, such amount to be calculated on January 1 of each year by the Commissioner of the Department of Agriculture and Consumer Services by referring to the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics. See Virginia Code 46.2-1572.2
  • Nonconformity: means a failure to conform with a warranty, a defect or a condition, including those that do not affect the driveability of the vehicle, which significantly impairs the use, market value, or safety of a motor vehicle. See Virginia Code 46.2-2099.19:1
  • Nonlegislative citizen member: means any natural person who is not a member of the General Assembly of Virginia. See Virginia Code 2.2-1117
  • Nonprofit entity: means (a) a foreign or domestic nonstock corporation licensed and subject to regulation under Chapter 42 (§ Virginia Code 46.2-100
  • Normal retirement date: means a member's sixtieth birthday. See Virginia Code 46.2-341.26:3
  • Normal retirement date: means a member's sixtieth birthday. See Virginia Code 46.2-341.29
  • Normal retirement date: means a member's sixty-fifth birthday. See Virginia Code 46.2-347
  • Notary: means notary public. See Virginia Code 2.2-1118
  • notice: means notice given in writing by either regular mail or hand delivery, with the sender retaining sufficient proof of having given such notice, which may be either a United States postal certificate of mailing or a certificate of service confirming such mailing prepared by the sender. See Virginia Code 46.2-864
  • Notice: means actual notification in the manner prescribed in § Virginia Code 46.2-1014
  • notification: means that the manufacturer shall be deemed to have been notified under this chapter if a written complaint of the defect or defects has been mailed to it or it has responded to the consumer in writing regarding a complaint, or a factory representative has either inspected the vehicle or met with the consumer or an authorized dealer regarding the nonconformity. See Virginia Code 46.2-2099.19:1
  • notification: means the completed delivery of information to the person to be notified, and the receipt of same by such person in accordance with this chapter. See Virginia Code 46.2-1137
  • Notification center: means an organization whose membership is open to all operators of underground facilities located within the notification center's designated service area, which maintains a data base, provided by its member operators, that includes the geographic areas in which its member operators desire transmissions of notices of proposed excavation, and which has the capability to transmit, within one hour of receipt, notices of proposed excavation to member operators by teletype, telecopy, personal computer, or telephone. See Virginia Code 46.2-1137
  • Nuclear power station: means a facility producing electricity through the utilization of nuclear energy for sale to the public which is required to be licensed by the Nuclear Regulatory Commission and includes all units of the facility at a single site. See Virginia Code 37.2-716
  • Nudity: means a state of undress so as to expose the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered or uncovered male genitals in a discernibly turgid state. See Virginia Code 46.2-1168
  • Oath: includes affirmation. See Virginia Code 2.2-1120
  • Obligation: means an established duty, whether or not fixed, arising from (i) an express or implied contractual, grantor-grantee, or licensor-licensee relationship; (ii) a fee-based or similar relationship; (iii) a statute or regulation; or (iv) the retention of any overpayment. See Virginia Code 6.2-937
  • Occupant: means a person, his sublessee, successor, or assign, entitled to the use of a leased space at a self-service storage facility under a rental agreement. See Virginia Code 46.2-1005
  • Off-road motorcycle: means every motorcycle designed exclusively for off-road use by an individual rider with not more than two wheels in contact with the ground. See Virginia Code 46.2-100
  • offer to sell: includes every attempt to offer to dispose of or grant, and every solicitation of an offer to buy, a franchise or an interest in a franchise for value. See Virginia Code 6.2-432
  • Official use: means any use that is consistent with the law, regulations, and policies of the Commonwealth, including use in connection with (i) internal memoranda and reports of the Office of the Attorney General; (ii) communications between the Office of the Attorney General and a federal, state, or local government agency, or a contractor of a federal, state, or local government agency, undertaken in furtherance of an Office of the Attorney General investigation or prosecution of a case; (iii) interviews of any qui tam relator or other witness; (iv) oral examinations; (v) depositions; (vi) the preparation for and response to civil discovery requests; (vii) the introduction into the record of a case or proceeding; (viii) applications, motions, memoranda, and briefs submitted to a court or other tribunal; and (ix) communications with government investigators, auditors, consultants, experts, the counsel of other parties, arbitrators, and mediators, concerning an investigation, case, or proceeding. See Virginia Code 6.2-937
  • On-road clean screen program: means a program that allows a motor vehicle owner to voluntarily certify compliance with emissions standards by means of on-road remote sensing. See Virginia Code 46.2-1176
  • On-road emissions inspector: means the entity or entities authorized by the Department of Environmental Quality to perform on-road testing, including on-road testing in accordance with the on-road clean screen program. See Virginia Code 46.2-1176
  • On-road testing: means tests of motor vehicle emissions or emissions control devices by means of roadside pullovers or remote sensing devices. See Virginia Code 46.2-1176
  • open-end credit plan: means consumer credit extended by a creditor under a plan in which: (i) the creditor reasonably contemplates repeated transactions; (ii) the creditor may impose a finance charge from time to time on an outstanding unpaid balance; and (iii) the amount of credit that may be extended to the consumer during the term of the plan, up to any limit set by the creditor, is generally made available to the extent that any outstanding balance is repaid. See Virginia Code 6.2-300
  • Operate: means to finance, maintain, improve, equip, modify, repair, or operate. See Virginia Code 46.2-1221
  • Operating plan: means a plan submitted by an applicant for a certificate of authority, which plan establishes the policies and procedures a trust company will have in effect when the institution opens for business and thereafter (i) to avoid or resolve conflicts of interests, (ii) to prevent improper influences from affecting the actions of the trustee, (iii) to ensure that trust accounts are handled in accordance with recognized standards of fiduciary conduct, and (iv) to assure compliance with applicable laws and regulations. See Virginia Code 6.2-1013
  • Operation: means all functions and pursuits of the operator of any roadway under this chapter which are directly or indirectly related to acquisition, approval, construction, enlargement, maintenance, patrolling, toll collections, or connections of the roadway or highway with any other highway or with any street, road or alley. See Virginia Code 46.2-1202
  • Operation: means the activities associated with production of a charitable gaming activity, which may include, but not be limited to (i) the direct on-site supervision of the conduct of charitable gaming; (ii) coordination of volunteers; and (iii) all responsibilities of charitable gaming designated by the organization's management. See Virginia Code 46.2-1101
  • Operation of a retail outlet: means the ownership or option to buy a properly zoned parcel of property for which a permit to build a retail outlet has been granted. See Virginia Code 46.2-1572.2
  • Operational expenses: means expenses of the clerk of court used to maintain the clerk's office and includes, but is not limited to, (i) computer support, maintenance, enhancements, upgrades, and replacements and office automation and information technology equipment, including software and conversion services; (ii) preserving, maintaining, and enhancing court records, including, but not limited to, the costs of repairs, maintenance, consulting services, service contracts, redaction of social security numbers from certain records, and system replacements or upgrades; and (iii) improving public access to records maintained by the clerk, including locating technology in an offsite facility for such purposes or for implementation of a disaster recovery plan. See Virginia Code 46.2-494
  • operations: includes the operation of all motor vehicles, whether loaded or empty, whether for compensation or not, and whether owned by or leased to the motor carrier who operates them or causes them to be operated. See Virginia Code 46.2-2000
  • Operator: means any person who owns, furnishes or transports materials or services by means of a utility line. See Virginia Code 46.2-1137
  • Operator: means the person who submits to the Commission an application for authority to construct, operate or enlarge a roadway, and which, after issuance of a certificate of authority, is responsible for operation of any roadway under the provisions of this chapter. See Virginia Code 46.2-1202
  • Operator: means the employer or person actually driving a motor vehicle or combination of vehicles. See Virginia Code 46.2-2000
  • Ordinance: means any law, rule, regulation, or ordinance adopted by the governing body of any locality. See Virginia Code 3.2-6500
  • Organization: means any one of the following:

    1. See Virginia Code 46.2-1101

  • Original license: means a motor vehicle dealer license issued to an applicant who has never been licensed as a motor vehicle dealer in Virginia or whose Virginia motor vehicle dealer license has been expired for more than 30 days. See Virginia Code 46.2-1500
  • Other officer: includes all other persons employed or elected by the people of Virginia, or by any locality, whose duty it is to preserve the peace, to make arrests, or to enforce the law. See Virginia Code 3.2-6500
  • Otherwise disabled person: means any person who has a physical, sensory, intellectual, developmental, or mental disability or a mental illness. See Virginia Code 46.2-454
  • Out of business: means the status of a facility that is permanently closed and for which there is no comparable alternate facility. See Virginia Code 46.2-2145
  • Out-of-state bank: means a bank whose home state is a state other than the Commonwealth. See Virginia Code 6.2-836
  • Out-of-state bank: has the meaning assigned to it in § Virginia Code 6.2-849
  • Overhead high voltage line: means all above ground bare or insulated electrical conductors of voltage in excess of 600 volts measured between conductors or measured between a conductor and the ground, except those conductors that are de-energized and grounded or that are enclosed in rigid metallic conduit or flexible armored conduit. See Virginia Code 54.1-900
  • Owner: means the owner, operator, lessor, or sublessor of a self-service storage facility, his agent, or any other person authorized to manage the facility or to receive rent from any occupant under a rental agreement. See Virginia Code 46.2-1005
  • owner: means the person who owns the sounds fixed in any master phonograph record, master disc, master tape, master film or other device used for reproducing recorded sounds on phonograph records, discs, tapes, films, videocassettes, or other articles now known or later developed on which sound is recorded and from which the transferred sounds are directly or indirectly derived, or the person who owns the rights to record or authorize the recording of a live performance. See Virginia Code 46.2-1573.15
  • Owner: means any person who: (i) has a right of property in an animal; (ii) keeps or harbors an animal; (iii) has an animal in his care; or (iv) acts as a custodian of an animal. See Virginia Code 3.2-6500
  • Owner: shall mean any person who holds a written bill of sale under which title or ownership to a container was transferred to such person, or any manufacturer of a container who has not sold or transferred ownership thereof by written bill of sale. See Virginia Code 46.2-1515
  • Owner: means a person who holds the legal title to a vehicle; however, if a vehicle is the subject of an agreement for its conditional sale or lease with the right of purchase on performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or if a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be the owner for the purpose of this title. See Virginia Code 46.2-100
  • Owning bank: means a bank owning 10 percent or more of the shares of a trust subsidiary. See Virginia Code 6.2-1047
  • Parent: means (i) a biological or adoptive parent who has legal custody of the minor, including either parent if custody is shared under a joint decree or agreement, (ii) a biological or adoptive parent with whom the minor regularly resides, (iii) a person judicially appointed as a legal guardian of the minor, or (iv) a person who exercises the rights and responsibilities of legal custody by delegation from a biological or adoptive parent, upon provisional adoption or otherwise by operation of law. See Virginia Code 46.2-360
  • Parent organization: means that part of a charitable organization that coordinates, supervises, or exercises control over policy, fund raising, and expenditures or assists or advises one or more chapters, branches, or affiliates. See Virginia Code 46.2-1532
  • Participating employer: means the Commonwealth or any political subdivision that has elected pursuant to § Virginia Code 46.2-391.4
  • participating in a winter sport: means :

    1. See Virginia Code 6.2-1051

  • Party: means a person who, by the terms of the account, has a present right, subject to request, to payment from a multiple-party account. See Virginia Code 6.2-604
  • Party to the real estate transaction: means with respect to that real estate transaction, a lender, seller, purchaser or borrower, and with respect to a corporate purchaser, any entity that is a subsidiary of or under common ownership with that corporate purchaser. See Virginia Code 46.2-1037
  • Passenger: means any individual, including a winter sports participant, while being transported or conveyed by a passenger tramway, while waiting in the immediate vicinity for such transportation or conveyance, while moving away from the disembarkation or unloading point of a passenger tramway to clear the way for the following passengers, or while boarding or embarking upon or unloading or disembarking from a passenger tramway. See Virginia Code 6.2-1051
  • Passenger car: means every motor vehicle other than a motorcycle or autocycle designed and used primarily for the transportation of no more than 10 persons, including the driver. See Virginia Code 46.2-100
  • Passenger tramway: means any ski lift, chairlift, gondola, tramway, cable car, or other aerial lift and any rope tow, conveyor, t-bar, j-bar, handle tow, or other surface lift used by an operator to transport participants, spectators, observers, or pedestrians at a winter sports area, and any associated components including, but not limited to, lift towers, concrete tower foundations, tower bolts, tower ladders, lift terminals, chairs, gondolas, t-bars, j-bars, conveyors, and other structures relating to passenger tramways. See Virginia Code 6.2-1051
  • Patent infringement: means any conduct that constitutes infringement pursuant to applicable law, including 35 U. See Virginia Code 46.2-2118 v2
  • Pay-per-call service: means any passive, interactive, polling, conference, or other similar audiotext service that is accessed through a 900 number exchange or otherwise, and generates a service-related fee billed to a telephone customer. See Virginia Code 54.1-908
  • Pay-per-call service: means any passive, interactive, polling, conference, or other similar audiotext service that is accessed by telephone, through a 900 number exchange or otherwise, and generates a service-related fee billed to a telephone customer. See Virginia Code 54.1-922
  • Payment device: means any credit card, any "accepted card or other means of access" as defined in 15 U. See Virginia Code 6.2-424
  • Peak-shaving: means measures aimed solely at shifting time of use of electricity from peak-use periods to times of lower demand by inducing retail customers to curtail electricity usage during periods of congestion and higher prices in the electrical grid. See Virginia Code 46.2-1235
  • Permit: means a permit issued by the Department authorizing the transportation of property, excluding household goods transported for a distance greater than 30 road miles. See Virginia Code 46.2-2100
  • Permit: means a permit issued by the Department to carriers operating as employee haulers or nonprofit/tax-exempt passenger carriers or to operators of taxicabs or other vehicles performing taxicab service under this chapter. See Virginia Code 46.2-2000
  • Person: means any individual, firm, copartnership, corporation, company, association or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof. See Virginia Code 46.2-2100
  • Person: means any individual, organization, trust, foundation, association, partnership, corporation, society, or other group or combination acting as a unit. See Virginia Code 46.2-1532
  • person: includes , unless the context otherwise requires, any natural person, any trust or association of persons, formal or otherwise, or any corporation, partnership, company, or other legal or commercial entity. See Virginia Code 46.2-1555
  • Person: means any individual, corporation, government or governmental agency, business trust, estate, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity. See Virginia Code 46.2-937
  • Person: means , in addition to the singular, persons, groups of persons, cooperative associations, limited liability companies, firms, partnerships, corporations, or other legal entities and includes the agents and employees of any such person. See Virginia Code 46.2-1026
  • Person: means any individual, firm, partnership or corporation;

    2. See Virginia Code 46.2-1573.26

  • Person: includes individuals, partnerships, limited liability companies, and corporations. See Virginia Code 56-1
  • person: as used in this chapter shall mean an individual, firm or corporation. See Virginia Code 46.2-2011.5
  • person: shall mean any individual, partnership, corporation, or other firm or association. See Virginia Code 46.2-2081
  • Person: means any natural person, corporation, trust, partnership, association and any other legal entity. See Virginia Code 46.2-2087
  • Person: shall include any natural person, firm, partnership, association or corporation. See Virginia Code 19.2-231
  • Person: means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association or any other individual or entity. See Virginia Code 54.1-500
  • Person: shall include individuals, a trust, an estate, a partnership, an association, an order, a corporation, or any other legal or commercial entity;

    6. See Virginia Code 2.2-4311.1

  • Person: means any individual, operator, firm, joint venture, partnership, corporation, association, municipality, or other political subdivision, governmental unit, department or agency, and includes any trustee, receiver, assignee, or personal representative thereof. See Virginia Code 46.2-1137
  • person: means and includes one or more individuals, partnerships, associations, societies, trusts, organizations, or corporations;

    2. See Virginia Code 46.2-2122 v2

  • Person: means any accused, or any juvenile taken into custody pursuant to § Virginia Code 6.2-434
  • Person under disability: includes a person less than 18 years of age. See Virginia Code 2.2-1124
  • Person with a disability: means any person who has a physical or mental impairment that substantially limits one or more of his major life activities or who has a record of such impairment. See Virginia Code 46.2-454
  • 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 2.2-1125
  • Personal knowledge: means knowledge of a fact that a person has himself gained through his own senses, or knowledge that was gained by a law-enforcement officer or prosecutor through the performance of his official duties. See Virginia Code 46.2-1031
  • Personal property: means movable property, not affixed to land and includes, but is not limited to, goods, wares, merchandise, and household items and furnishings. See Virginia Code 46.2-1005
  • Petroleum products: shall mean kerosene and number one and two heating oils;

    2. See Virginia Code 46.2-1573.10

  • Pharmacy: means any establishment or institution from which drugs, medicines, or medicinal chemicals are dispensed or offered for sale or on which a sign is displayed bearing the words "apothecary" "druggist" "drugs" "drug store" "drug sundries" "medicine store" "pharmacist" "pharmacy" or "prescriptions filled" or any similar words intended to indicate that the practice of pharmacy is being conducted pursuant to a license issued under Chapter 33 (§ Virginia Code 46.2-920.2
  • Phototherapy device: means a piece of equipment that emits ultraviolet radiation and that is used by a health care provider in the treatment of a disease. See Virginia Code 46.2-2168
  • Physical helplessness: means unconsciousness or any other condition existing at the time of an offense under this article which otherwise rendered the complaining witness physically unable to communicate an unwillingness to act and about which the accused knew or should have known. See Virginia Code 46.2-741
  • Pickup or panel truck: means (i) every motor vehicle designed for the transportation of property and having a registered gross weight of 7,500 pounds or less or (ii) every motor vehicle registered for personal use, designed to transport property on its own structure independent of any other vehicle, and having a registered gross weight in excess of 7,500 pounds but not in excess of 10,000 pounds. See Virginia Code 46.2-100
  • Place of business: means a building or portion thereof from which the goods or services authorized by the franchise are sold or offered for sale in person by the franchisee or employees or agents of the franchisee, or a truck or van used in the sale of such goods which is of a type designated by the franchisor and is equipped and marked in conformance with requirements of the franchisor. See Virginia Code 6.2-432
  • Plan: means the defined contribution plan established pursuant to this chapter and the provisions of § 401 (a) of the Internal Revenue Code of 1986, as amended. See Virginia Code 46.2-396.1
  • Plan of agreement: means an agreement between the state social security administrator and an employer for the purpose of extending the benefits of the Social Security Act to coverage groups within its employ. See Virginia Code 46.2-398
  • Political subdivision: means , when referring to an entity other than the Authority, a locality, authority, or other public body of the Commonwealth or of any state in which the Authority does business. See Virginia Code 33.2-707
  • Political subdivision: means any city or county in the Commonwealth and for the purposes of this chapter, the Town of Chincoteague and any town of more than 5,000 population that chooses to have an emergency management program separate from that of the county in which such town is located;

    "Resource shortage" means the absence, unavailability or reduced supply of any raw or processed natural resource, or any commodities, goods or services of any kind that bear a substantial relationship to the health, safety, welfare and economic well-being of the citizens of the Commonwealth;

    "State of emergency" means the condition declared by the Governor when in his judgment, the threat or actual occurrence of an emergency or a disaster in any part of the Commonwealth is of sufficient severity and magnitude to warrant disaster assistance by the Commonwealth to supplement the efforts and available resources of the several localities, and relief organizations in preventing or alleviating the damage, loss, hardship, or suffering threatened or caused thereby and is so declared by him. See Virginia Code 37.2-427

  • Political subdivision: means any city or county in the Commonwealth, and for the purposes of this chapter, any town with a population of more than 5,000 which chooses to have an emergency management program separate from that of the county in which the town is located. See Virginia Code 37.2-719
  • Political subdivision: includes an instrumentality of the Commonwealth or one or more of its political subdivisions, or of the Commonwealth and one or more of its political subdivisions, but only if such instrumentality is a juristic entity which is legally separate and distinct from the Commonwealth or a political subdivision and only if its employees are not by virtue of their relation to such juristic entity employees of the Commonwealth or a political subdivision. See Virginia Code 46.2-398
  • practice of architecture: means any service wherein the principles and methods of architecture are applied, such as consultation, investigation, evaluation, planning and design, and includes the responsible administration of construction contracts, in connection with any private or public buildings, structures or projects, or the related equipment or accessories. See Virginia Code 54.1-400
  • practice of engineering: means any service wherein the principles and methods of engineering are applied to, but are not necessarily limited to, the following areas: consultation, investigation, evaluation, planning and design of public or private utilities, structures, machines, equipment, processes, transportation systems and work systems, including responsible administration of construction contracts. See Virginia Code 54.1-400
  • practice of land surveying: includes surveying of areas for a determination or correction, a description, the establishment or reestablishment of internal and external land boundaries, or the determination of topography, contours or location of physical improvements, and also includes the planning of land and subdivisions thereof. See Virginia Code 54.1-400
  • Prearranged ride: includes the period of time that begins when a TNC partner accepts a ride requested through a digital platform, continues while the TNC partner transports a passenger in a TNC partner vehicle, and ends when the passenger exits the TNC partner vehicle. See Virginia Code 46.2-2000
  • Predicate criminal act: means (i) an act of violence; (ii) any violation of § Virginia Code 6.2-432
  • prepare: means to put into condition for intended use. See Virginia Code 46.2-1529.1
  • Prepayment: means payment of any consideration for services or the use of facilities made prior to the day on which the services or facilities of the health club are fully open and available for regular use by the members. See Virginia Code 46.2-2145
  • Previous systems: means the systems established under the provisions of Chapters 2 (§ 51-3 et seq. See Virginia Code 46.2-347
  • Principal: means any person who, directly or indirectly, owns or controls (i) 10 percent or more of the outstanding stock of a stock corporation or (ii) a 10 percent or greater interest in a nonstock corporation or a limited liability company. See Virginia Code 6.2-1013
  • 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
  • prior sexual conduct: means any sexual conduct on the part of the complaining witness which took place before the conclusion of the trial, excluding the conduct involved in the offense alleged under this article. See Virginia Code 46.2-741
  • prison facility: means any institution operated by or under authority of the Department and shall include, whether obtained by purchase, lease, construction, reconstruction, restoration, improvement, alteration, repair or other means, any physical betterment or improvement related to the housing of inmates or any preliminary plans, studies or surveys relative thereto; land or rights to land; and any furnishings, machines, vehicles, apparatus, or equipment for use in connection with any prison facility. See Virginia Code 46.2-651
  • Private entity: means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, non-profit entity, or other business entity. See Virginia Code 46.2-1221
  • Private road or driveway: means every way in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. See Virginia Code 46.2-100
  • Private sewer lateral: means a privately owned, legally authorized utility line that transports wastewater from one or more buildings to a sewer system utility line owned by a sewer system operator. See Virginia Code 46.2-1137
  • Product of discovery: means (i) the original or duplicate of any deposition, interrogatory, document, thing, result of the inspection of land or other property, examination, or admission, which is obtained by any method of discovery in any judicial or administrative proceeding of an adversarial nature; (ii) any digest, analysis, selection, compilation, or derivation of any item listed in clause (i); and (iii) any index or other manner of access to any item listed in clause (i). See Virginia Code 6.2-937
  • Professional business entity: means any entity as defined in § Virginia Code 6.2-811
  • Professional corporation: means a corporation whose articles of incorporation set forth a sole and specific purpose permitted by this chapter and that is either (i) organized under this chapter for the sole and specific purpose of rendering professional service other than that of architects, professional engineers, land surveyors, or landscape architects, or using a title other than that of certified interior designers and, except as expressly otherwise permitted by this chapter, that has as its shareholders or members only individuals or professional business entities that are duly licensed or otherwise legally authorized to render the same professional service as the corporation, including the trustees of an eligible employee stock ownership plan or (ii) organized under this chapter for the sole and specific purpose of rendering the professional services of architects, professional engineers, land surveyors, or landscape architects, or using the title of certified interior designers, or any combination thereof, and at least two-thirds of whose shares are held by persons duly licensed within the Commonwealth to perform the services of an architect, professional engineer, land surveyor, or landscape architect, including the trustees of an eligible employee stock ownership plan, or by persons legally authorized within the Commonwealth to use the title of certified interior designer; or (iii) organized under this chapter or under Chapter 10 (§ Virginia Code 6.2-811
  • Professional service: means any type of personal service to the public that requires as a condition precedent to the rendering of such service or use of such title the obtaining of a license, certification, or other legal authorization and shall be limited to the personal services rendered by pharmacists, optometrists, physical therapists and physical therapist assistants, practitioners of the healing arts, nurse practitioners, practitioners of the behavioral science professions, veterinarians, surgeons, dentists, architects, professional engineers, land surveyors, landscape architects, certified interior designers, public accountants, certified public accountants, attorneys-at-law, insurance consultants, audiologists or speech pathologists, and clinical nurse specialists. See Virginia Code 6.2-408
  • Professional services: means any type of personal service to the public that requires as a condition precedent to the rendering of that service or the use of that title the obtaining of a license, certification, or other legal authorization and shall be limited to the personal services rendered by pharmacists, optometrists, physical therapists and physical therapist assistants, practitioners of the healing arts, nurse practitioners, practitioners of the behavioral science professions, veterinarians, surgeons, dentists, architects, professional engineers, land surveyors, landscape architects, certified interior designers, public accountants, certified public accountants, attorneys at law, insurance consultants, audiologists or speech pathologists and clinical nurse specialists. See Virginia Code 6.2-811
  • Professional solicitor: means any person who, for a financial or other consideration, solicits contributions for, or on behalf of, a charitable or civic organization, whether such solicitation is performed personally or through his agents, servants, or employees or through agents, servants, or employees who are specially employed by or for a charitable or civic organization and are engaged in the solicitation of contributions under the direction of such person or any person who, for a financial or other consideration, plans, conducts, manages, carries on, advises, or acts as a consultant to a charitable or civic organization in connection with the solicitation of contributions but does not qualify as a professional fund-raising counsel. See Virginia Code 46.2-1532
  • Profit: means the net gain, for income tax purposes, realized by the dealer upon the assignment, transfer, or sale of the franchise agreement. See Virginia Code 46.2-1572.2
  • Program: means a group of one or more related measures for a customer class. See Virginia Code 46.2-1521
  • Program: means the procedures and Amber Agreements to aid in the identification and location of abducted children. See Virginia Code 46.2-613.4
  • Program: means the procedures and Senior Alert Agreements to aid in the identification and location of a missing senior adult. See Virginia Code 46.2-615
  • Program coordinator: means any person or corporation that has entered into a contract with the Director to provide services in accordance with this article. See Virginia Code 46.2-1176
  • Proof of death: includes a death certificate; a certificate of qualification upon a decedent's estate; or an authenticated copy of any record or report of a governmental agency, domestic or foreign, that a person is dead. See Virginia Code 6.2-604
  • Property carrier: means any person, not herein exempted, who undertakes either directly or by a lease, to transport property for compensation. See Virginia Code 46.2-2100
  • Provider: means any person, entity, or organization, excluding an agency of the federal government by whatever name or designation, that delivers (i) services to individuals with mental illness, developmental disabilities, or substance abuse or (ii) residential services for persons with brain injury. See Virginia Code 37.2-403
  • Public access: means that the clerk of the circuit court has made available to subscribers that are other than governmental agencies, secure remote access to records maintained by the clerk in accordance with § Virginia Code 46.2-1077
  • public service company: when used in this chapter shall mean every person, firm, corporation or association, or their lessees, trustees or receivers, other than a municipal corporation, now or hereafter engaged in business in this Commonwealth as a public utility and subject to regulation as to rates and service by the State Corporation Commission under the provisions of Chapter 10 (§ Virginia Code 46.2-1101
  • Qualified participant: means , in the case of a plan established pursuant to § Virginia Code 46.2-1221
  • Qualifying project: means an economic development project requiring natural gas service as to which the natural gas utility has made a good faith determination that the following criteria are satisfied:

    1. See Virginia Code 46.2-1527.4

  • Raffle: means a lottery in which the prize is won by (i) a random drawing of the name or prearranged number of one or more persons purchasing chances or (ii) a random contest in which the winning name or preassigned number of one or more persons purchasing chances is determined by a race involving inanimate objects floating on a body of water, commonly referred to as a "duck race. See Virginia Code 46.2-1101
  • Railroad: includes all railroad or railway lines, whether operated by steam, electricity, or other motive power, except when otherwise specifically designated. See Virginia Code 56-1
  • Rate: means rate charged for any service rendered or to be rendered. See Virginia Code 56-1
  • Ratification: means the full execution of a real estate purchase contract by all parties. See Virginia Code 46.2-1014
  • Reasonable and proper business expenses: means business expenses actually incurred by a qualified organization in the conduct of charitable gaming and not otherwise allowed under this article or under Board regulations on real estate and personal property tax payments, travel expenses, payments of utilities and trash collection services, legal and accounting fees, costs of business furniture, fixtures and office equipment and costs of acquisition, maintenance, repair or construction of an organization's real property. See Virginia Code 46.2-1101
  • Receivership court: means the circuit court that appoints a receiver for a bank pursuant to this article. See Virginia Code 6.2-925
  • receiving: means acquiring possession or control of the credit card number or payment device number or accepting the same as security for a loan. See Virginia Code 46.2-810
  • Recognizance: means a signed commitment by a person to appear in court as directed and to adhere to any other terms ordered by an appropriate judicial officer as a condition of bail. See Virginia Code 46.2-1573.16
  • Reconstructed vehicle: means every vehicle of a type required to be registered under this title materially altered from its original construction by the removal, addition, or substitution of new or used essential parts. See Virginia Code 46.2-100
  • Refiner: means any person engaged in the refining of crude oil to produce motor fuel and includes any affiliate of such person. See Virginia Code 46.2-1572.2
  • Registrant: means any person to whom the registration of a mark under this chapter or prior law is issued, and the legal representatives, successors, or assigns of such person. See Virginia Code 46.2-1579
  • Registrant: means any person who has registered with the Department as a transporter of waste kitchen grease. See Virginia Code 2.2-2342
  • regulation: include joint rates, joint charges and joint regulations, respectively. See Virginia Code 56-1
  • Relevant market area: means as follows:

    1. See Virginia Code 46.2-1500

  • Relocation: means the provision of health club services by the health club that entered into the membership contract at a location other than that designated in the member's contract. See Virginia Code 46.2-2145
  • Remote sensing: means the measurement of motor vehicle emissions through electronic or light-sensing equipment from a remote location such as the roadside. See Virginia Code 46.2-1176
  • Renewable energy: means energy derived from sunlight, wind, falling water, biomass, sustainable or otherwise, (the definitions of which shall be liberally construed), energy from waste, landfill gas, municipal solid waste, wave motion, tides, and geothermal power, and does not include energy derived from coal, oil, natural gas, or nuclear power. See Virginia Code 46.2-1235
  • Renewable thermal energy: means the thermal energy output from (i) a renewable-fueled combined heat and power generation facility that is (a) constructed, or renovated and improved, after January 1, 2012, (b) located in the Commonwealth, and (c) utilized in industrial processes other than the combined heat and power generation facility or (ii) a solar energy system, certified to the OG-100 standard of the Solar Ratings and Certification Corporation or an equivalent certification body, that (a) is constructed, or renovated and improved, after January 1, 2013, (b) is located in the Commonwealth, and (c) heats water or air for residential, commercial, institutional, or industrial purposes. See Virginia Code 46.2-1235
  • Renewable thermal energy equivalent: means the electrical equivalent in megawatt hours of renewable thermal energy calculated by dividing (i) the heat content, measured in British thermal units (BTUs), of the renewable thermal energy at the point of transfer to a residential, commercial, institutional, or industrial process by (ii) the standard conversion factor of 3. See Virginia Code 46.2-1235
  • 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 § 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
  • Rental agreement: means any agreement or lease that establishes or modifies the terms, conditions, or rules concerning the use and occupancy of a self-service storage facility. See Virginia Code 46.2-1005
  • Rental agreement: means any written agreement setting forth the terms and conditions governing the use of the rental motor vehicle by the lessee. See Virginia Code 46.2-2100 v2
  • Request: means a proper request for withdrawal, or a check or order for payment, that complies with all conditions of the account, including special requirements concerning necessary signatures and regulations of the financial institution. See Virginia Code 6.2-604
  • Residence district: means the territory contiguous to a highway, not comprising a business district, where 75 percent or more of the property abutting such highway, on either side of the highway, for a distance of 300 feet or more along the highway consists of land improved for dwelling purposes, or is occupied by dwellings, or consists of land or buildings in use for business purposes, or consists of territory zoned residential or territory in residential subdivisions created under Chapter 22 (§ Virginia Code 46.2-341.26:3
  • Retirement System: means the Virginia Law Officers' Retirement System. See Virginia Code 46.2-341.29
  • Retirement system: means the Judicial Retirement System. See Virginia Code 46.2-347
  • Retirement System: means the Virginia Retirement System. See Virginia Code 46.2-366
  • Retirement System: means the Virginia Retirement System. See Virginia Code 46.2-419
  • Revenue reductions related to energy efficiency programs: means reductions in the collection of total non-fuel revenues, previously authorized by the Commission to be recovered from customers by a utility, that occur due to measured and verified decreased consumption of electricity caused by energy efficiency programs approved by the Commission and implemented by the utility, less the amount by which such non-fuel reductions in total revenues have been mitigated through other program-related factors, including reductions in variable operating expenses. See Virginia Code 46.2-1235
  • Revenue-neutral: means a change in a rate, tariff design or mechanism as a component of a conservation and ratemaking efficiency plan that does not shift annualized allowed distribution revenue between customer classes, and does not increase or decrease the utility's average, weather-normalized nongas utility revenue per customer for any given rate class by more than 0. See Virginia Code 46.2-1521
  • Revenues: means all revenues, income, earnings, user fees, lease payments, or other service payments arising out of or in connection with supporting the development or operation of a qualifying project, including without limitation, money received as grants or otherwise from the United States of America, from any public entity, or from any agency or instrumentality of the foregoing in aid of such facility. See Virginia Code 46.2-1221
  • revocation: means that the document or privilege revoked is not subject to renewal or restoration except through reapplication after the expiration of the period of revocation. See Virginia Code 46.2-100
  • Roadway: means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder. See Virginia Code 46.2-100
  • Roadway: as used in this chapter , shall include only privately owned or operated highways for use of which a toll or similar single-use charge is imposed. See Virginia Code 46.2-1202
  • Route: when used in connection with or with respect to a certificate of public convenience and necessity, means the road or highway, or segment thereof, operated over by the holder of a certificate of public convenience and necessity or proposed to be operated over by an applicant therefor, whether such road or highway is designated by one or more highway numbers. See Virginia Code 46.2-2000
  • run: means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. See Virginia Code 46.2-2122 v2
  • Sadomasochistic abuse: means actual or explicitly simulated flagellation or torture by or upon a person who is nude or clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed. See Virginia Code 46.2-1168
  • Safety restraint system: means a properly installed seatbelt, lap and shoulder restraint or other restraint approved by the National Highway Traffic Safety Administration or any successor governmental agency. See Virginia Code 46.2-366
  • Safety zone: means the area officially set apart within a roadway for the exclusive use of pedestrians and that is protected or is so marked or indicated by plainly visible signs. See Virginia Code 46.2-100
  • sale: means any lease, assignment or exchange or any interest in any lot which is a part of or included in a subdivision. See Virginia Code 46.2-937
  • sale: includes barter and exchange. See Virginia Code 2.2-2349.1
  • Sales draft: means a paper or electronic form evidencing a purchase of goods, services or anything else of value from a merchant through the use of a credit card. See Virginia Code 46.2-810
  • salesperson: means (i) any person who is hired as an employee by a motor vehicle dealer to sell or exchange motor vehicles and who receives or expects to receive a commission, fee, or any other consideration from the dealer; (ii) any person who supervises salespersons employed by a motor vehicle dealer, whether compensated by salary or by commission; (iii) any person, compensated by salary or commission by a motor vehicle dealer, who negotiates with or induces a customer to enter into a security agreement on behalf of a dealer; or (iv) any person who is licensed as a motor vehicle dealer and who sells or exchanges motor vehicles. See Virginia Code 46.2-1500
  • SAVE: means Steps to Advance Virginia's Energy Plan. See Virginia Code 46.2-1527.2
  • SAVE plan: means a plan filed by a natural gas utility that identifies proposed eligible infrastructure replacement projects and a SAVE rider. See Virginia Code 46.2-1527.2
  • SAVE rider: means a recovery mechanism that will allow for recovery of the eligible infrastructure replacement costs, through a separate mechanism from the customer rates established in a rate case using the cost of service methodology set forth in § Virginia Code 6.2-300
  • Sawed-off rifle: means a rifle of any caliber, loaded or unloaded, which expels a projectile by action of an explosion of a combustible material and is designed as a shoulder weapon with a barrel or barrels length of less than 16 inches or which has been modified to an overall length of less than 26 inches. See Virginia Code 46.2-1026
  • Sawed-off shotgun: means any weapon, loaded or unloaded, originally designed as a shoulder weapon, utilizing a self-contained cartridge from which a number of ball shot pellets or projectiles may be fired simultaneously from a smooth or rifled bore by a single function of the firing device and which has a barrel length of less than 18 inches for smooth bore weapons and 16 inches for rifled weapons. See Virginia Code 46.2-1026
  • School bus: means any motor vehicle, other than a station wagon, automobile, truck, or commercial bus, which is: (i) designed and used primarily for the transportation of pupils to and from public, private or religious schools, or used for the transportation of the mentally or physically handicapped to and from a sheltered workshop; (ii) painted yellow and bears the words "School Bus" in black letters of a specified size on front and rear; and (iii) is equipped with warning devices prescribed in § Virginia Code 46.2-494
  • Security: includes any share of stock, bond, debenture, note or other security issued by a corporation and registered as to ownership on the books of the corporation. See Virginia Code 6.2-401
  • Self-assessment: means (i) a bank's voluntary, self-initiated internal assessment, audit, or review of the bank and its practices, policies, and procedures or (ii) a bank's voluntary, self-initiated assessment, audit, or review of the practices, policies, and procedures of a person acting under contract, directly or indirectly, as the bank's service provider, including mortgage servicers and sub-servicers, credit and debit card processors, and providers of loan document systems. See Virginia Code 6.2-947
  • Self-assessment report: means any document, including any audit, report, finding, communication, or opinion or any draft of an audit, report, finding, communication, or opinion, prepared by internal personnel or by outside attorneys, accountants, or consultants as a part of or in connection with a self-assessment that is made in good faith. See Virginia Code 6.2-947
  • Self-service storage facility: means any real property designed and used for renting or leasing individual storage spaces, other than storage spaces which are leased or rented as an incident to the lease or rental of residential property or dwelling units, to which the occupants thereof have access for storing or removing their personal property. See Virginia Code 46.2-1005
  • sell: includes every contract or agreement of sale or grant of, contract to sell, or disposition of a franchise or interest in a franchise for value. See Virginia Code 6.2-432
  • Semitrailer: means every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests on or is carried by another vehicle. See Virginia Code 46.2-100
  • Semitrailer: means every vehicle of the trailer type so designed and used in conjunction with another motor vehicle that some part of its own weight and that of its own load rests on or is carried by another vehicle. See Virginia Code 46.2-1500
  • Senior alert: means the notice of a missing senior adult provided to the public by the media or other methods under a Senior Alert Agreement. See Virginia Code 46.2-615
  • Senior Alert Agreement: means a voluntary agreement between law-enforcement officials and members of the media whereby a senior adult will be declared missing, and the public will be notified by media outlets, and includes all other incidental conditions of the partnership as found appropriate by the Virginia State Police. See Virginia Code 46.2-615
  • Septic system: means an onsite method of disposing of sewage when sewers or sewerage facilities are not available and includes septic tanks, septic tank lines and drainage fields or other onsite, residential sewage systems. See Virginia Code 46.2-2174
  • Serious safety defect: means a life-threatening malfunction or nonconformity that impedes the consumer's ability to control or operate the new motor vehicle for ordinary use or reasonable intended purposes or creates a risk of fire or explosion. See Virginia Code 46.2-2099.19:1
  • service: includes any activity that is performed in whole or in part for the purpose of financial gain, including but not limited to personal service, rental, leasing or licensing for use. See Virginia Code 46.2-1555
  • Service: shall mean any product or commodity furnished by a small water or sewer utility, as well as its equipment, apparatus, appliances and facilities devoted to the functions in which that utility is engaged to the use and accommodation of the public. See Virginia Code 46.2-1130.1
  • Service: means service as a judge. See Virginia Code 46.2-347
  • Service area: means the city or county or combination of cities and counties or counties or cities that is served by a community services board or behavioral health authority or the cities and counties that are served by a state facility. See Virginia Code 37.2-100
  • Service contract: means a contract entered into between a public entity and the private entity pursuant to § Virginia Code 46.2-2087
  • Settlement: means the time when the settlement agent has received the duly executed deed, loan funds, loan documents, and other documents and funds required to carry out the terms of the contract between the parties and the settlement agent reasonably determines that prerecordation conditions of such contracts have been satisfied. See Virginia Code 46.2-1029.2
  • Settlement agent: means the person responsible for conducting the settlement and disbursement of the settlement proceeds and includes any individual, corporation, partnership, or other entity conducting the settlement and disbursement of loan proceeds. See Virginia Code 46.2-1029.2
  • Settlement agent: means a person, other than a party to the real estate transaction, who provides escrow, closing, or settlement services in connection with a transaction related to real estate in the Commonwealth and who is listed as the settlement agent on the settlement statement or closing disclosure for such transaction. See Virginia Code 46.2-1037
  • Settlement service provider: means any person providing settlement services, as that term is defined under the Real Estate Settlement Procedures Act (12 U. See Virginia Code 46.2-1029.2
  • Settlement statement: means the statement of receipts and disbursements for a transaction related to real estate, including a statement prescribed under the Real Estate Settlement Procedures Act of 1974 (RESPA) (12 U. See Virginia Code 46.2-1037
  • Settlement statement: means the statement of receipts and disbursements for a transaction related to real estate, including a statement prescribed under the Real Estate Settlement Procedures Act of 1974 (RESPA), 12 U. See Virginia Code 46.2-1062
  • Sewer system: means a system of utility lines used for conveying wastewater, and includes sewer system laterals but does not include private sewer laterals. See Virginia Code 46.2-1137
  • Sewer system lateral: means a lateral utility line located in the public right-of-way or public sewer easement, owned by a sewer system operator, and used to transport wastewater to the operator's main sewer line. See Virginia Code 46.2-1137
  • Sewer system operator: means an operator of a sewer system. See Virginia Code 46.2-1137
  • Sexual abuse: means an act committed with the intent to sexually molest, arouse, or gratify any person, where:

    a. See Virginia Code 46.2-741

  • Sexual conduct: means actual or explicitly simulated acts of masturbation, homosexuality, sexual intercourse, or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area, buttocks or, if such be female, breast. See Virginia Code 46.2-1168
  • Sexual excitement: means the condition of human male or female genitals when in a state of sexual stimulation or arousal. See Virginia Code 46.2-1168
  • Shared-use path: means a bikeway that is physically separated from motorized vehicular traffic by an open space or barrier and is located either within the highway right-of-way or within a separate right-of-way. See Virginia Code 46.2-100
  • Shelter care: means the temporary care of children in physically unrestricting facilities. See Virginia Code 37.2-422
  • Sheriff: shall include deputy sheriffs and such other persons designated in § Virginia Code 46.2-2000
  • Sight-seeing carrier by boat: means a restricted common carrier, which restricted common carrier uses a boat or boats operating on waters within the Commonwealth to transport passengers, and whereby the primary purpose of the operation is the passengers' experience and enjoyment or the promotion of tourism. See Virginia Code 46.2-2000
  • Single state insurance receipt: means any receipt issued pursuant to 49 C. See Virginia Code 46.2-2100
  • Single-family residence: means a single-family residence owned and occupied by a qualified beneficiary, including a manufactured home, trailer, mobile home, condominium unit, or cooperative. See Virginia Code 46.2-1062
  • Small cell facility: means a wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet and (ii) all other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet, or such higher limit as is established by the Federal Communications Commission. See Virginia Code 46.2-1158.01
  • Small investor-owned telephone utility: means any investor-owned public utility (other than a cooperative) which serves fewer than 100,000 access lines in Virginia and which owns, manages, or controls any plant or equipment or any part of a plant or equipment within the Commonwealth for the conveyance of telephone messages, either directly or indirectly, to or for the public. See Virginia Code 46.2-1192
  • Snowmobile: means a self-propelled vehicle designed to travel on snow or ice, steered by skis or runners, and supported in whole or in part by one or more skis, belts, or cleats. See Virginia Code 46.2-100
  • Social Security Act: means the act of Congress approved August 14, 1935, Chapter 531, 49 Statutes 620, officially cited as the "Social Security Act" as such act has been and may be amended. See Virginia Code 46.2-398
  • Special construction and forestry equipment: means any vehicle which is designed primarily for highway construction, highway maintenance, earth moving, timber harvesting or other construction or forestry work and which is not designed for the transportation of persons or property on a public highway. See Virginia Code 46.2-100
  • special employees: which means a county or city treasurer, commissioner of revenue, attorney for the Commonwealth, clerk of court, sheriff, and a deputy or employee of any such officer. See Virginia Code 46.2-398
  • Special justice: means a person appointed by a chief judge of a judicial circuit for the purpose of performing the duties of a judge pursuant to § Virginia Code 53.1-1
  • State hospital: means a hospital, psychiatric institute, or other institution operated by the Department that provides care and treatment for persons with mental illness. See Virginia Code 37.2-100
  • State social security administrator: means the Director of the Virginia Retirement System. See Virginia Code 46.2-398
  • Status offender: means a child who commits an act prohibited by law which would not be criminal if committed by an adult. See Virginia Code 37.2-422
  • Subdivision: means :

    a. See Virginia Code 46.2-937

  • Subfranchisor: means a person who is authorized by a franchisor to grant a franchise within a particular geographic region. See Virginia Code 6.2-432
  • Subordinate mortgage or deed of trust: means a mortgage or deed of trust that is subject to a prior mortgage or deed of trust in existence at the time of the making of the loan secured by such subordinate mortgage or deed of trust. See Virginia Code 6.2-300
  • Subscriber: means any person who has entered into a subscriber agreement with the clerk of the circuit court authorizing the subscriber to have secure remote access to land records or secure remote access to court records maintained by the clerk or the clerk's designated application service providers. See Virginia Code 46.2-494
  • Subsidiary bank: means a bank authorized to exercise trust powers, at least 80 percent of the outstanding shares of which are owned directly or indirectly through a subsidiary by a Virginia bank holding company. See Virginia Code 6.2-1047
  • subsidiary trust company: means a corporation organized under Chapter 9 (§ Virginia Code 37.2-100
  • Substantial sales: means a substantial aggregate volume of sales of identical or comparable goods or services at or above the advertised comparison price in the supplier's trade area. See Virginia Code 46.2-2108.4 v2
  • summons: shall include a subpoena (both subpoena ad testificandum and subpoena duces tecum), order or other notice requiring the appearance of a witness or production of documents. See Virginia Code 46.2-2142
  • Sums on deposit: means the balance payable on a multiple-party account including interest, dividends, and in addition any deposit life insurance proceeds added to the account by reason of the death of a party. See Virginia Code 6.2-604
  • Superintendent: means the Superintendent of the Department of State Police of the Commonwealth. See Virginia Code 46.2-100
  • Supplier: shall mean any person, partnership, company, corporation or association engaged in the refining and subsequent sale of petroleum products to any distributor in the Commonwealth;

    3. See Virginia Code 46.2-1573.10

  • Supplier: means a seller, lessor or licensor who advertises, solicits or engages in consumer transactions, or a manufacturer, distributor or licensor who advertises and sells, leases or licenses goods or services to be resold, leased or sublicensed by other persons in consumer transactions. See Virginia Code 46.2-2087
  • Supplier: means a wholesaler, manufacturer, distributor, or any purchaser of assets or stock of any surviving corporation resulting from a merger or liquidation, any receiver or assignee, or any trustee of the original manufacturer, wholesaler, or distributor who enters into an agreement with a dealer. See Virginia Code 54.1-501
  • Supplier: means every person, including any agent of such person, or any authorized broker acting on behalf of that person, that enters into an "agreement" with a dealer. See Virginia Code 54.1-510
  • Supplier: means any person who offers to sell, sells or otherwise provides charitable gaming supplies to any qualified organization. See Virginia Code 46.2-1101
  • Supplier: means any generator, distributor, aggregator, broker, marketer, or other person who offers to sell or sells electric energy to retail customers and is licensed by the Commission to do so, but it does not mean a generator that produces electric energy exclusively for its own consumption or the consumption of an affiliate. See Virginia Code 46.2-1235
  • Supreme Court: means the Supreme Court of Virginia. See Virginia Code 2.2-1142
  • suspension: means that the document or privilege suspended has been temporarily withdrawn, but may be reinstated following the period of suspension unless it has expired prior to the end of the period of suspension. See Virginia Code 46.2-100
  • sworn: means "affirm" or "affirmed. See Virginia Code 2.2-1143
  • System expansion plan: means a plan filed by a natural gas utility that identifies the level of eligible system expansion infrastructure costs that are projected to be incurred over the term of the plan and provides the calculation of a system expansion rider. See Virginia Code 46.2-1527.9
  • System expansion rider: means a recovery mechanism that will allow for recovery of the eligible system expansion infrastructure costs from affected customers, through a separate mechanism from the customer rates established in a rate case using the cost-of-service methodology set forth in § Virginia Code 46.2-2100
  • Target: means a person residing in, conducting substantial business in, or having its principal place of business in the Commonwealth and with respect to whom an assertion of patent infringement is made. See Virginia Code 46.2-2118 v2
  • Taxicab or other motor vehicle performing a taxicab service: means any motor vehicle having a seating capacity of not more than six passengers, excluding the driver, not operating on a regular route or between fixed terminals used in the transportation of passengers for hire or for compensation, and not a common carrier, restricted common carrier, transportation network company, TNC partner, or nonemergency medical transportation carrier as defined in this chapter. See Virginia Code 46.2-2000
  • Telephone company: means a certificated local exchange telephone company which owns, manages, or controls any plant or equipment or any part of a plant or equipment within the Commonwealth for the conveyance of telephone messages, either directly or indirectly. See Virginia Code 54.1-922
  • Test and repair: means motor vehicle emissions inspection facilities that perform official motor vehicle emissions inspections and may also perform vehicle repairs. See Virginia Code 46.2-1176
  • Thing of value: means any payment, advance, funds, loan, service, or other consideration. See Virginia Code 46.2-1029.2
  • Three-unit service dog team: means a team consisting of a trained service dog, a disabled person, and a person who is an adult and who has been trained to handle the service dog. See Virginia Code 46.2-454
  • TNC broker: means any person who (i) is not a transportation network company or TNC partner and (ii) is not a bona fide employee or agent of a transportation network company or TNC partner, and who contracts or enters into an agreement or arrangement, with a transportation network company and who, in accordance with such contract, agreement or arrangement, arranges any transportation subject to Article 15 (§ Virginia Code 46.2-100
  • Towing and recovery operator: means a person engaged in the business of (i) removing disabled vehicles, parts of vehicles, their cargoes, and other objects to facilities for repair or safekeeping and (ii) restoring to the highway or other location where they either can be operated or removed to other locations for repair or safekeeping vehicles that have come to rest in places where they cannot be operated. See Virginia Code 46.2-100
  • Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July one, nineteen hundred seventy-one, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 23.1-808
  • Toy vehicle: means any motorized or propellant-driven device that has no manufacturer-issued vehicle identification number that is designed or used to carry any person or persons, on any number of wheels, bearings, glides, blades, runners, or a cushion of air. See Virginia Code 46.2-100
  • Tractor truck: means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the load and weight of the vehicle attached thereto. See Virginia Code 46.2-100
  • Tractor truck: means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the load and weight of the vehicle attached thereto. See Virginia Code 46.2-1500
  • Trade name: means any name used by a person to identify a business or enterprise. See Virginia Code 46.2-1579
  • trade screening: means the showing of a motion picture by a distributor at some location within the Commonwealth or the District of Columbia or Prince Georges and Montgomery Counties, Maryland, which is open to any exhibitor from whom the distributor intends to solicit bids or with whom the distributor intends to negotiate for the right to exhibit the motion picture;

    10. See Virginia Code 46.2-2122 v2

  • Trade secret: means information, including but not limited to, a formula, pattern, compilation, program, device, method, technique, or process, that:

    1. See Virginia Code 54.1-409

  • Trademark: means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person from those manufactured or sold by others. See Virginia Code 46.2-1579
  • Traffic control device: means a sign, signal, marking, or other device used to regulate, warn, or guide traffic placed on, over, or adjacent to a street, highway, private road open to public travel, pedestrian facility, or shared-use path by authority of a public agency or official having jurisdiction, or in the case of a private road open to public travel, by authority of the private owner or private official having jurisdiction. See Virginia Code 46.2-100
  • Traffic infraction: means a violation of law punishable as provided in § Virginia Code 46.2-360
  • Trial franchise: means the same as provided in the Petroleum Marketing Practices Act (15 U. See Virginia Code 46.2-1572.2
  • Truck: means every motor vehicle designed to transport property on its own structure independent of any other vehicle and having a registered gross weight in excess of 7,500 pounds. See Virginia Code 46.2-100
  • Trust account: means an account in the name of one or more parties as trustee for one or more beneficiaries where the relationship is established by the form of the account and the deposit agreement with the financial institution and there is no subject of the trust other than the sums on deposit in the account, without regard to whether payment to the beneficiary is mentioned in the deposit agreement. See Virginia Code 6.2-604
  • Trust business: has the meaning assigned to it in § Virginia Code 6.2-800
  • Trust company: means a corporation, including an affiliated trust company, that is authorized to engage in the trust business under Article 2 (§ Virginia Code 46.2-920.2
  • Unlawful electronic communication device: means any electronic communication device that has been manufactured, designed, developed, altered, modified, programmed or reprogrammed, alone or in conjunction with another electronic communication device, so as to be capable of facilitating the disruption, acquisition, receipt, transmission, retransmission or decryption of an electronic communication service without the actual consent or knowledge of the electronic communication service provider. See Virginia Code 46.2-804
  • Use: means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. See Virginia Code 46.2-1579
  • Used motor vehicle: means any vehicle other than a new motor vehicle as defined in this section. See Virginia Code 46.2-1500
  • utility: means any investor-owned public service company engaged in the business of furnishing natural gas service to the public. See Virginia Code 46.2-1521
  • Utility line: means any item of public or private property which is buried or placed below ground or submerged for use in connection with the storage or conveyance of water, sewage, telecommunications, electric energy, cable television, oil, petroleum products, gas, or other substances, and includes but is not limited to pipes, sewers, combination storm/sanitary sewer systems, conduits, cables, valves, lines, wires, manholes, attachments, and those portions of poles below ground. See Virginia Code 46.2-1137
  • Utility pole: means a structure owned, operated, or owned and operated by a public utility, local government, or the Commonwealth that is designed specifically for and used to carry lines, cables, or wires for communications, cable television, or electricity. See Virginia Code 46.2-1158.01
  • Utility vehicle: means a motor vehicle that is (i) designed for off-road use, (ii) powered by a motor, and (iii) used for general maintenance, security, agricultural, or horticultural purposes. See Virginia Code 46.2-100
  • Vehicle: means every device in, on or by which any person or property is or may be transported or drawn on a highway, except electric personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks. See Virginia Code 46.2-100
  • Vehicle removal certificate: means a transferable document issued by the Department for any abandoned motor vehicle that authorizes the removal and destruction of the vehicle. See Virginia Code 46.2-1200
  • Verified mail: means any method of mailing that is offered by the United States Postal Service or private delivery service that provides evidence of mailing. See Virginia Code 46.2-1005
  • Video or computer game: means an object or device that stores recorded data or instructions, receives data or instructions generated by a person who uses it, and, by processing the data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, television gaming system, console, or other technology. See Virginia Code 46.2-1168
  • Violent juvenile felony: means any of the delinquent acts enumerated in subsection B or C of § Virginia Code 6.2-849
  • Wages: means all remuneration for employment, including the cash value of all remuneration paid in any medium other than cash, except that part of such remuneration which, even if it were paid for "employment" within the meaning of the Federal Insurance Contributions Act, would not constitute "wages" within the meaning of that act. See Virginia Code 46.2-398
  • Warning sign: means a weather-resistant sign of not less than five inches by seven inches with a yellow background and black lettering reading as follows: "WARNING -- UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN 10 FEET OF OVERHEAD HIGH VOLTAGE LINES" or such other equally effective warning signs as may be approved for use by the Virginia Safety and Health Codes Board or the Commissioner of Labor and Industry. See Virginia Code 54.1-900
  • Warranty: means any implied warranty or any written warranty of the manufacturer, or any affirmations of fact or promise made by the manufacturer in connection with the sale or lease of a motor vehicle that become part of the basis of the bargain. See Virginia Code 46.2-2099.19:1
  • Waste kitchen grease: means animal fats or vegetable oils that have been used, and will not be reused, for cooking in a food establishment, including trap grease. See Virginia Code 2.2-2342
  • Water system: means a system of utility lines used for supplying water, and does not include private water laterals. See Virginia Code 46.2-1137
  • Water system operator: means an operator of a water system. See Virginia Code 46.2-1137
  • Watercraft trailer: means any new or used trailer specifically designed to carry a watercraft or a motorboat and purchased, sold, or offered for sale by a watercraft dealer licensed under Chapter 8 (§