Sections
Article 1 In General 8.01-228 – 8.01-235
Article 2 Limitations on Recovery of Realty and Enforcement of Certain Liens Relating to Realty 8.01-236 – 8.01-242
Article 3 Personal Actions Generally 8.01-243 – 8.01-250.1
Article 4 Limitations on Enforcement of Judgments and Decrees 8.01-251 – 8.01-252
Article 5 Miscellaneous Limitations Provisions 8.01-253 – 8.01-256

Terms Used In Virginia Code > Title 8.01 > Chapter 4

  • Abandonment: means that the public's right to use a public highway, public landing, or public crossing has been extinguished. See Virginia Code 33.2-900
  • Access contract: means a contract to obtain by electronic means access to, or information from, an information processing system of another person, or the equivalent of such access. See Virginia Code 54.1-2119
  • Access material: means any information or material, such as a document, address, or access code, that is necessary to obtain authorized access to information or control or possession of a copy. See Virginia Code 54.1-2119
  • Accessibility mechanic: means an individual who is engaged in erecting, constructing, installing, altering, servicing, repairing, testing or maintaining wheelchair lifts, incline chairlifts, dumbwaiters with a capacity limit of 300 pounds, and private residence elevators, in accordance with the Uniform Statewide Building Code (§ Virginia Code 54.1-2130
  • Agent: means a real estate licensee who is acting as (i) a standard agent in a residential real estate transaction, (ii) a limited service agent in a residential real estate transaction, or (iii) an agent in a commercial real estate transaction. See Virginia Code 54.1-2130
  • Aggrieved party: means a party entitled to a remedy for breach of contract. See Virginia Code 54.1-2119
  • Agreement: means the bargain of the parties in fact as found in their language or by implication from other circumstances, including course of performance, course of dealing, and usage of trade as provided in this chapter. See Virginia Code 54.1-2119
  • Agreement: means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. See Virginia Code 54.1-2105.1
  • Amusement device: means (i) a device or structure open to the public by which persons are conveyed or moved in an unusual manner for diversion and (ii) a device suspended in the air by the use of steel cables, chains, belts, or ropes, and usually supported by trestles or towers with one or more spans, also known as a passenger tramway, used to transport passengers uphill. See Virginia Code 54.1-2910
  • Application: means a request under the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. See Virginia Code 54.1-2101.1
  • Assistive device lessor: means a person or company that leases an assistive device to a consumer, or who holds the lessor's rights, under a written lease. See Virginia Code 54.1-1508
  • Association: has the meaning assigned to it in § Virginia Code 37.2-100
  • Automated transaction: means a transaction in which a contract is formed in whole or part by electronic actions of one or both parties that are not previously reviewed by an individual in the ordinary course. See Virginia Code 54.1-2119
  • Automated transaction: means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction. See Virginia Code 54.1-2105.1
  • Automatic dialing-announcing device: means a device that (i) selects and dials telephone numbers and (ii) working alone or in conjunction with other equipment, disseminates a prerecorded or synthesized voice message to the telephone number called. See Virginia Code 54.1-2905
  • Balance of the fund: means cash, securities that are legal investments for fiduciaries under the provisions of subdivisions A 1, 2, and 4 of § Virginia Code 54.1-2101.1
  • certificate: means a certificate, electronic card, or other medium issued by a merchant that evidences the giving of consideration in exchange for the right to redeem the certificate, electronic card, or other medium for goods, food, services, credit, or money of at least an equal value, including any electronic card issued by a merchant with a banked dollar value where the issuer has received payment for the full banked dollar value for the future purchase, or delivery, of goods or services and any certificate issued by a merchant where the issuer has received payment for the full face value of the certificate for future purchases, or delivery, of goods or services. See Virginia Code 54.1-2913
  • Certified accessibility mechanic: means an individual who is certified by the Board in accordance with this article to engage in work as an accessibility mechanic. See Virginia Code 54.1-1140
  • Certified nurse midwife: means an advanced practice registered nurse who is certified in the specialty of nurse midwifery and who is jointly licensed by the Boards of Medicine and Nursing as a nurse practitioner pursuant to § Virginia Code 54.1-2900
  • Chief: means the Chief of the Division of Mines of the Department of Mines, Minerals and Energy. See Virginia Code 37.2-826
  • Claimant: means any person with an unsatisfied judgment involving residential construction against a regulant, who has filed a verified claim under this Act. See Virginia Code 54.1-1118
  • Claimant: means any person with an unsatisfied judgment against a regulant, who has filed a verified claim under this act. See Virginia Code 54.1-2112
  • Client: means a person who has entered into a brokerage relationship with a licensee. See Virginia Code 54.1-2130
  • Collateral costs: means expenses incurred by a consumer in connection with the repair of a nonconformity, including the reasonable costs of obtaining an alternative assistive device. See Virginia Code 54.1-1508
  • Commercial real estate: means any real estate other than (i) real estate containing one to four residential units or (ii) real estate classified for assessment purposes under § Virginia Code 37.2-100
  • Computer: means an electronic device that accepts information in digital or similar form and manipulates it for a result based on a sequence of instructions. See Virginia Code 54.1-2119
  • Computer information: means information in electronic form that is obtained from or through the use of a computer or that is in a form capable of being processed by a computer. See Virginia Code 54.1-2119
  • Computer information transaction: means an agreement or the performance of it to create, modify, transfer, or license computer information or informational rights in computer information. See Virginia Code 54.1-2119
  • Computer program: means a set of statements or instructions to be used directly or indirectly in a computer to bring about a certain result. See Virginia Code 54.1-2119
  • Confidential information: means information related to the play of a fantasy contest by fantasy contest players obtained as a result of or by virtue of a person's employment. See Virginia Code 54.1-2934
  • Consumer: means an individual who is a licensee of information or informational rights that the individual at the time of contracting intended to be used primarily for personal, family, or household purposes. See Virginia Code 54.1-2119
  • Consumer: means an individual who is also a resident of this state. See Virginia Code 54.1-1120.1
  • Consumer: means :

    1. See Virginia Code 54.1-1508

  • Consumer contract: means a contract between a merchant licensor and a consumer. See Virginia Code 54.1-2119
  • Consumer product: means tangible personal property primarily used for personal, family, or household purposes. See Virginia Code 54.1-1106.2
  • Contract: means the total legal obligation resulting from the parties' agreement as affected by this chapter and other applicable law. See Virginia Code 54.1-2119
  • contract: means a written contract or agreement for a specific duration in return for the payment of a segregated charge by the purchaser to perform the repair or replacement of any consumer product, including a motor vehicle, or indemnification for repair or replacement, for the operational or structural failure of any consumer product, including a motor vehicle, due to a defect in materials, workmanship, inherent defect, or normal wear and tear, with or without additional provisions for incidental payment of indemnity under limited circumstances, including, but not limited to, towing, rental, and emergency road service and road hazard protection. See Virginia Code 54.1-1106.2
  • Contract: means the total legal obligation resulting from the parties' agreement as affected by this chapter and other applicable law. See Virginia Code 54.1-2105.1
  • Contract fee: means the price, fee, rent, or royalty payable in a contract under this chapter or any part of the amount payable. See Virginia Code 54.1-2119
  • Contractor: means any person, that for a fixed price, commission, fee, or percentage undertakes to bid upon, or accepts, or offers to accept, orders or contracts for performing, managing, or superintending in whole or in part, the construction, removal, repair or improvement of any building or structure permanently annexed to real property owned, controlled, or leased by him or another person or any other improvements to such real property. See Virginia Code 54.1-1100
  • Contractual use term: means an enforceable term that defines or limits the use, disclosure of, or access to licensed information or informational rights, including a term that defines the scope of a license. See Virginia Code 54.1-2119
  • Convention support order: means a support order of a tribunal of a foreign country described in § Virginia Code 37.2-422
  • Dental hygiene: means duties related to patient assessment and the rendering of educational, preventive, and therapeutic dental services specified in regulations of the Board and not otherwise restricted to the practice of dentistry. See Virginia Code 54.1-2700
  • Dental hygienist: means a person who is licensed by the Board to practice dental hygiene. See Virginia Code 54.1-2700
  • Dentist: means a person who has been awarded a degree in and is licensed to practice dentistry. See Virginia Code 54.1-2700
  • Dentistry: means the evaluation, diagnosis, prevention, and treatment, through surgical, nonsurgical or related procedures, of diseases, disorders, and conditions of the oral cavity and the maxillofacial, adjacent and associated structures and their impact on the human body. See Virginia Code 54.1-2700
  • Department: means the Department of Housing and Community Development. See Virginia Code 54.1-2921
  • Department: means the Department of Professional and Occupational Regulation. See Virginia Code 54.1-1100
  • Department: means the Department of Transportation. See Virginia Code 64.2-2741
  • Department: means the Department of Agriculture and Consumer Services. See Virginia Code 54.1-2934
  • Department: means the Department of Juvenile Justice and "Director" means the administrative head in charge thereof or such of his assistants and subordinates as are designated by him to discharge the duties imposed upon him under this law. See Virginia Code 37.2-422
  • Department: means the Department of Professional and Occupational Regulation. See Virginia Code 54.1-2200
  • Department: means the Department of Mines, Minerals and Energy. See Virginia Code 37.2-826
  • Designated employee: means the contractor's full-time employee, or a member of the contractor's responsible management, who is at least 18 years of age and who has successfully completed the oral or written examination required by the Board on behalf of the contractor. See Virginia Code 54.1-1100
  • Designated relative: means the individual to or through whom the family members are related. See Virginia Code 6.2-1074
  • device: means any new device, including a demonstrator, that a consumer purchases or accepts transfer of in this Commonwealth which is used for a major life activity or any other assistive device that enables a person with a disability to communicate, see, hear, or maneuver. See Virginia Code 54.1-1508
  • Direct damages: means compensation for losses measured by § Virginia Code 54.1-2912.1
  • Discontinuance: means that the Board has determined that a highway, landing, or crossing no longer serves the public convenience warranting its maintenance at public expense; it divests the Department from maintenance responsibilities. See Virginia Code 33.2-900
  • Distance learning: means instruction delivered by an approved provider through a medium other than a classroom setting. See Virginia Code 54.1-2100
  • Division: means the Division of Consumer Counsel in the Department of Law. See Virginia Code 54.1-922
  • dual representative: means a licensee who has a brokerage relationship with both seller and buyer, or both landlord and tenant, in the same real estate transaction. See Virginia Code 54.1-2130
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Virginia Code 54.1-2119
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Virginia Code 54.1-2105.1
  • Electronic agent: means a computer program, or electronic or other automated means, used independently to initiate an action, or to respond to electronic messages or performances, on the person's behalf without review or action by an individual at the time of the action or response to the message or performance. See Virginia Code 54.1-2119
  • Electronic agent: means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual. See Virginia Code 54.1-2105.1
  • Electronic message: means a record or display that is stored, generated, or transmitted by electronic means for the purpose of communication to another person or electronic agent. See Virginia Code 54.1-2119
  • Electronic record: means a record created, generated, sent, communicated, received, or stored by electronic means. See Virginia Code 54.1-2105.1
  • Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Virginia Code 54.1-2105.1
  • Elevator mechanic: means an individual who is certified by the Board in accordance with this article to engage in erecting, constructing, installing, altering, servicing, repairing, testing or maintaining elevators, escalators, or related conveyances in accordance with the Uniform Statewide Building Code. See Virginia Code 54.1-1140
  • Embalmer: means any person engaged in the practice of embalming. See Virginia Code 54.1-2800
  • Embalming: means the process of chemically treating the dead human body by arterial injection and cavity treatment or, when necessary, hypodermic tissue injection to reduce the presence and growth of microorganisms to temporarily retard organic decomposition. See Virginia Code 54.1-2800
  • Enterprise zone: means an area declared by the Governor to be eligible for the benefits of this chapter. See Virginia Code 54.1-2921
  • Established business relationship: means a relationship between the called person and the person on whose behalf the telephone solicitation call is being made based on: (i) the called person's purchase from, or transaction with, the person on whose behalf the telephone solicitation call is being made within the 18 months immediately preceding the date of the call or (ii) the called person's inquiry or application regarding any property, good, or service offered by the person on whose behalf the telephone solicitation call is being made within the three months immediately preceding the date of the call. See Virginia Code 54.1-2822
  • event: means any professional concert, professional sporting event, or professional theatrical production, open to the public for which tickets are ordinarily sold. See Virginia Code 54.1-1504
  • 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
  • Family: means a designated relative and family members of that designated relative. See Virginia Code 6.2-1074
  • Family member: means the designated relative and:

    1. See Virginia Code 6.2-1074

  • 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
  • Fantasy contest: includes any online fantasy or simulated game or contest with an entry fee in which (i) the value of all prizes and awards offered to winning participants is established and made known to the participants in advance of the contest; (ii) all winning outcomes reflect the relative knowledge and skill of the participants and shall be determined by accumulated statistical results of the performance of individuals, including athletes in the case of sports events; and (iii) no winning outcome is based on the score, point spread, or any performance of any single actual team or combination of teams or solely on any single performance of an individual athlete or player in any single actual event. See Virginia Code 54.1-2934
  • farmland: includes all land defined as follows:

    "Important farmland" other than prime or unique farmland, is land that is of statewide or local importance for the production of food, feed, fiber, forage, nursery, oilseed, or other agricultural crops, as determined by the appropriate state agency or local government agency, and that the U. See Virginia Code 2.2-2453

  • Fiduciary: means executor, administrator, conservator, guardian, committee, or trustee. See Virginia Code 6.2-1074
  • Fiduciary: means the status resulting from an association's undertaking to act alone, through an affiliate, or jointly with others, primarily for the benefit of another, and includes an association's acting as trustee, executor, administrator, committee, guardian, conservator, receiver, managing agent, registrar of stocks and bonds, escrow, transfer, or paying agent, trustee of employee pension, welfare and profit sharing trusts, and in any other similar capacity. See Virginia Code 6.2-1081
  • Fiduciary records: means all matters which are written, transcribed, recorded, received, or otherwise come into the possession of an association and are necessary to preserve information concerning the actions and events relevant to the fiduciary activities of an association. See Virginia Code 6.2-1081
  • Financial accommodation contract: means an agreement under which a person extends a financial accommodation to a licensee and which does not create a security interest governed by Title 8. See Virginia Code 54.1-2119
  • Financial services transaction: means an agreement that provides for, or a transaction that is, or entails access to, use, transfer, clearance, settlement, or processing of:

    (A) a deposit, loan, funds, or monetary value represented in electronic form and stored or capable of storage by electronic means and retrievable and transferable by electronic means, or other right to payment to or from a person;

    (B) an instrument or other item;

    (C) a payment order, credit card transaction, debit card transaction, funds transfer, automated clearing house transfer, or similar wholesale or retail transfer of funds;

    (D) a letter of credit, document of title, financial asset, investment property, or similar asset held in a fiduciary or agency capacity; or

    (E) related identifying, verifying, access-enabling, authorizing, or monitoring information. See Virginia Code 54.1-2119

  • Financier: means a person that provides a financial accommodation to a licensee under a financial accommodation contract and either (i) becomes a licensee for the purpose of transferring or sublicensing the license to the party to which the financial accommodation is provided or (ii) obtains a contractual right under the financial accommodation contract to preclude the licensee's use of the information or informational rights under a license in the event of breach of the financial accommodation contract. See Virginia Code 54.1-2119
  • Foreign support agreement: includes a maintenance arrangement or authentic instrument under the Convention. See Virginia Code 54.1-2101.1
  • Fund: means the Virginia Contractor Transaction Recovery Fund. See Virginia Code 54.1-1118
  • Fund: means the Virginia Real Estate Transaction Recovery Fund. See Virginia Code 54.1-2112
  • Funeral directing: means the for-profit profession of directing or supervising funerals, preparing human dead for burial by means other than embalming, or making arrangements for funeral services or the financing of funeral services. See Virginia Code 54.1-2800
  • Funeral director: means any person engaged in the practice of funeral directing. See Virginia Code 54.1-2800
  • Funeral service establishment: means any main establishment, branch, or chapel that is permanently affixed to the real estate and for which a certificate of occupancy has been issued by the local building official where any part of the profession of funeral directing, the practice of funeral services, or the act of embalming is performed. See Virginia Code 54.1-2800
  • Funeral service intern: means a person who is preparing to be licensed for the practice of funeral services under the direct supervision of a practitioner licensed by the Board. See Virginia Code 54.1-2800
  • Funeral service licensee: means a person who is licensed in the practice of funeral services. See Virginia Code 54.1-2800
  • Genetic counselor: means a person licensed by the Board to engage in the practice of genetic counseling. See Virginia Code 54.1-2900
  • Geologist: means a person engaged in the public practice of geology. See Virginia Code 54.1-2200
  • Geology: means the science dealing with (i) the earth and its history in general; (ii) the investigation, prediction, evaluation, and location of materials and structures which compose the earth; (iii) the natural processes that cause changes in the earth; and (iv) the application of knowledge of the earth, its processes, and its constituent rocks, minerals, liquids, gases, and other natural materials. See Virginia Code 54.1-2200
  • give notice: means to take such steps as may be reasonably required to inform the other person in the ordinary course, whether or not the other person actually comes to know of it. See Virginia Code 54.1-2119
  • Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing. See Virginia Code 54.1-2119
  • Goods: means all things that are movable at the time relevant to the computer information transaction. See Virginia Code 54.1-2119
  • Governing instrument: means the written document or documents pursuant to which an association undertakes to act in a fiduciary capacity, and includes a will, codicil, deed of trust, trust deed, and other similar instruments. See Virginia Code 6.2-1081
  • Healing arts: means the arts and sciences dealing with the prevention, diagnosis, treatment and cure or alleviation of human physical or mental ailments, conditions, diseases, pain or infirmities. See Virginia Code 54.1-2900
  • Hearing aid: means any wearable instrument or device designed or offered to aid or compensate for impaired human hearing and any parts, attachments, or accessories, including earmolds, but excluding batteries and cords. See Virginia Code 54.1-1500
  • Highway: means the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth. See Virginia Code 64.2-2741
  • Home service contract: means a contract or agreement for a separately stated consideration for any duration to perform the service, repair, replacement, or maintenance of property or to indemnify for the costs of service, repair, replacement, or maintenance, for the operational failure of any property due to a defect in materials, workmanship, inherent defect, or normal wear and tear, with or without additional provisions for incidental payment of indemnity under limited circumstances. See Virginia Code 54.1-1100
  • Home state: means (i) with respect to a federally chartered trust institution, the state where such institution maintains its principal office and (ii) with respect to any other trust institution, the state that chartered such institution. See Virginia Code 6.2-1065
  • Home state regulator: means the bank supervisory agency with primary responsibility for chartering and supervising an out-of-state trust institution. See Virginia Code 6.2-1065
  • Host state: means a state, other than the home state of a trust institution, in which the trust institution maintains or seeks to acquire or establish an office. See Virginia Code 6.2-1065
  • Identity attribute: means identifying information associated with an identity credential holder. See Virginia Code 54.1-2929
  • Identity credential: means the data, or the physical object upon which the data may reside, that an identity credential holder may present to verify or authenticate his identity in a digital or online transaction. See Virginia Code 54.1-2929
  • Identity credential holder: means a person bound to or in possession of an identity credential who has agreed to the terms and conditions of the identity provider. See Virginia Code 54.1-2929
  • identity provider: includes an attribute provider, an identity proofer, and any suppliers, employees, or agents thereof. See Virginia Code 54.1-2929
  • Identity trust framework: means a digital identity system with established identity, security, privacy, technology, and enforcement rules and policies adhered to by certified identity providers that are members of the identity trust framework. See Virginia Code 54.1-2929
  • Identity trust framework operator: means the entity that (i) defines rules and policies for member parties to an identity trust framework, (ii) certifies identity providers to be members of and issue identity credentials pursuant to the identity trust framework, and (iii) evaluates participation in the identity trust framework to ensure compliance by members of the identity trust framework with its rules and policies, including the ability to request audits of participants for verification of compliance. See Virginia Code 54.1-2929
  • Improper or dishonest conduct: includes only the wrongful taking or conversion of money, property or other things of value which involves fraud, material misrepresentation or conduct constituting gross negligence, continued incompetence, or intentional violation of the Uniform Statewide Building Code (§ Virginia Code 54.1-1100
  • In-person communication: means face-to-face communication and telephonic communication. See Virginia Code 54.1-2800
  • Independent contractor: means a real estate licensee who (i) enters into a brokerage relationship based upon a brokerage agreement that specifically states that the real estate licensee is acting as an independent contractor and not as an agent; (ii) shall have the obligations agreed to by the parties in the brokerage agreement; and (iii) shall comply with the provisions of subdivisions A 3 through 7 and subsections B and E of § Virginia Code 54.1-2119
  • 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
  • Insurance services transaction: means an agreement between an insurer and an insured that provides for, or a transaction that is or entails access to, use, transfer, clearance, settlement, or processing of:

    (A) an insurance policy, contract, or certificate; or

    (B) a right to payment under an insurance policy, contract or certificate. See Virginia Code 54.1-2119

  • Investment authority: means the responsibility conferred by action of law or a provision of a governing instrument to make, select, or change investments, review investment decisions made by others, or to provide investment advice or counsel to others. See Virginia Code 6.2-1081
  • 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
  • Judgment: includes an order of a United States Bankruptcy Court (i) declaring a claim against a regulant who is in bankruptcy to be a "Debt Nondischargeable in Bankruptcy" (ii) extinguishing a claim against a regulant who is in bankruptcy and for which claim no distribution was made from the regulant's bankruptcy estate but excluding any such claim disallowed by order of the bankruptcy court, or (iii) extinguishing a claim against a regulant who is in bankruptcy and for which claim only partial distribution was made from the regulant's bankruptcy estate. See Virginia Code 54.1-1118
  • Judgment: includes an order of a United States Bankruptcy Court (i) declaring a claim against a regulant who is in bankruptcy to be a "Debt Nondischargeable in Bankruptcy" (ii) extinguishing a claim against a regulant who is in bankruptcy and for which claim no distribution was made from the regulant's bankruptcy estate but excluding any such claim disallowed by order of the bankruptcy court, or (iii) extinguishing a claim against a regulant who is in bankruptcy and for which claim only partial distribution was made from the regulant's bankruptcy estate. See Virginia Code 54.1-2112
  • law: means the Juvenile and Domestic Relations District Court Law embraced in this chapter. See Virginia Code 37.2-422
  • License: means a contract that authorizes access to, or use, distribution, performance, modification, or reproduction of, information or informational rights, but expressly limits the access or uses authorized or expressly grants fewer than all rights in the information, whether or not the transferee has title to a licensed copy. See Virginia Code 54.1-2119
  • License: means the document issued to an applicant upon completion of requirements for admission to practice dentistry or dental hygiene in the Commonwealth or upon registration for renewal of license to continue the practice of dentistry or dental hygiene in the Commonwealth. See Virginia Code 54.1-2700
  • licensed acupuncturist: which means an individual other than a doctor of medicine, osteopathy, chiropractic or podiatry who has successfully completed the requirements for licensure established by the Board (approved titles are limited to: Licensed Acupuncturist, Lic. See Virginia Code 54.1-2900
  • Licensed optician: means any person who is the holder of an optician license issued by the Board for Hearing Aid Specialists and Opticians. See Virginia Code 54.1-1500
  • Licensed optometrist: means any person authorized by Virginia law to practice optometry. See Virginia Code 54.1-1500
  • Licensed physician: means any person licensed by the Board of Medicine to practice medicine and surgery. See Virginia Code 54.1-1500
  • Licensed residential building energy analyst: means an individual who has successfully completed an accredited residential building energy analyst training program or meets the criteria of experience required by this article and regulations of the Board and who has been licensed by the Board. See Virginia Code 54.1-1144
  • Licensee: means a person entitled by agreement to acquire or exercise rights in, or to have access to or use of, computer information under an agreement to which this chapter applies. See Virginia Code 54.1-2119
  • Licensee: means real estate brokers and salespersons as defined in Article 1 (§ Virginia Code 54.1-2130
  • Local zone administrator: means the chief executive of the county or city in which the enterprise zone is located, or his designee. See Virginia Code 54.1-2921
  • Long distance carrier: means any interexchange telephone company providing services within the Commonwealth. See Virginia Code 54.1-922
  • Maintenance: means (i) ordinary maintenance; (ii) maintenance replacement; (iii) operations that include traffic signal synchronization, incident management, and other intelligent transportation system functions; and (iv) any other categories of maintenance that may be designated by the Commissioner of Highways. See Virginia Code 64.2-2741
  • Manufacturer: means a person or company that manufactures or assembles assistive devices and agents of that person or company, including an authorized dealer, an importer, a distributor, factory branch, distributor branch and any warrantors of the manufacturer's assistive device, but does not include a professional who fabricates, without charge, a device for use in the course of treatment. See Virginia Code 54.1-1508
  • Mass-market license: means a standard form used in a mass-market transaction. See Virginia Code 54.1-2119
  • Mass-market transaction: means a transaction that is:

    (A) a consumer contract; or

    (B) any other transaction with an end-user licensee if:

    (i) the transaction is for information or informational rights directed to the general public as a whole, including consumers, under substantially the same terms for the same information;

    (ii) the licensee acquires the information or informational rights in a retail transaction under terms consistent with an ordinary transaction in a retail market; and

    (iii) the transaction is not (a) a contract for redistribution or for public performance or public display of a copyrighted work; (b) a transaction in which the information is customized or otherwise specially prepared by the licensor for the licensee, other than minor customization using a capability of the information intended for that purpose; (c) a site license; or (d) an access contract. See Virginia Code 54.1-2119

  • Maxillofacial: means pertaining to the jaws and face, particularly with reference to specialized surgery of this region. See Virginia Code 54.1-2700
  • Medical malpractice judgment: means any final order of any court entering judgment against a licensee of the Board that arises out of any tort action or breach of contract action for personal injuries or wrongful death, based on health care or professional services rendered, or that should have been rendered, by a health care provider, to a patient. See Virginia Code 54.1-2900
  • Medical malpractice settlement: means any written agreement and release entered into by or on behalf of a licensee of the Board in response to a written claim for money damages that arises out of any personal injuries or wrongful death, based on health care or professional services rendered, or that should have been rendered, by a health care provider, to a patient. See Virginia Code 54.1-2900
  • 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
  • Merchant: means a person:

    (A) who deals in information or informational rights of the kind involved in the transaction;

    (B) who by the person's occupation holds himself out as having knowledge or skill peculiar to the relevant aspect of the business practices or information involved in the transaction; or

    (C) to whom the knowledge or skill peculiar to the practices or information involved in the transaction may be attributed by the person's employment of an agent or broker or other intermediary who by his occupation holds himself out as having the knowledge or skill. See Virginia Code 54.1-2119

  • Merchant: means an owner or operator of any mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of such owner or operator. See Virginia Code 54.1-2913
  • Ministerial acts: means those routine acts which a licensee can perform for a person which do not involve discretion or the exercise of the licensee's own judgment. See Virginia Code 54.1-2130
  • minor: means a person less than 18 years of age. See Virginia Code 37.2-422
  • Necessary goods and services: means any necessary good or service for which consumer demand does, or is likely to, increase as a consequence of the disaster, and includes, but is not limited to, water, ice, consumer food items or supplies, property or services for emergency cleanup, emergency supplies, communication supplies and services, medical supplies and services, home heating fuel, building materials and services, tree removal supplies and services, freight, storage services, housing, lodging, transportation, and motor fuels. See Virginia Code 54.1-2912.1
  • New trust office: means a trust office located in a host state that (i) is originally established by the trust institution as a trust office and (ii) does not become a trust office of the trust institution as a result of (a) the acquisition of another trust institution or trust office of another trust institution or (b) a merger, consolidation, or conversion involving any such trust institution or trust office. See Virginia Code 6.2-1065
  • Next of kin: means any of the following persons, regardless of the relationship to the decedent: any person designated to make arrangements for the disposition of the decedent's remains upon his death pursuant to § Virginia Code 54.1-1508
  • Nonlegislative citizen member: means any natural person who is not a member of the General Assembly of Virginia. See Virginia Code 2.2-1117
  • Nurse practitioner: means an advanced practice registered nurse who is jointly licensed by the Boards of Medicine and Nursing pursuant to § Virginia Code 54.1-2910
  • operator: means a person or entity that offers fantasy contests for a cash prize to members of the public. See Virginia Code 54.1-2934
  • Optician: means any person not exempted by § Virginia Code 54.1-2910
  • Owner-developer: means any person who, for a third party purchaser, orders or supervises the construction, removal, repair, or improvement of any building or structure permanently annexed to real property owned, controlled, or leased by the owner-developer, or any other improvement to such property and who contracts with a person licensed in accordance with this chapter for the work undertaken. See Virginia Code 54.1-1100
  • Parent or guardian: means any parent, guardian, legal custodian or other person having immediate control or charge of a child. See Virginia Code 54.1-2910
  • Party: means a person that engages in a transaction or makes an agreement under this chapter. See Virginia Code 54.1-2119
  • Patient care team: means a multidisciplinary team of health care providers actively functioning as a unit with the management and leadership of one or more patient care team physicians for the purpose of providing and delivering health care to a patient or group of patients. See Virginia Code 54.1-2900
  • Patient care team physician: means a physician who is actively licensed to practice medicine in the Commonwealth, who regularly practices medicine in the Commonwealth, and who provides management and leadership in the care of patients as part of a patient care team. See Virginia Code 54.1-2900
  • 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
  • Performing group: means a vocal or instrumental group seeking to use the name of another group that has previously released a commercial sound recording under that name. See Virginia Code 54.1-1500.1
  • Performing rights society: means an association or corporation that licenses the public performance of nondramatic musical works on behalf of copyright owners, such as the American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music, Inc. See Virginia Code 54.1-1142.1
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental subdivision, instrumentality, or agency, public corporation, or any other legal or commercial entity. See Virginia Code 54.1-2119
  • Person: means any individual, firm, corporation, association, partnership, joint venture, or other legal entity. See Virginia Code 54.1-1100
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public body, public corporation, or any other legal or commercial entity. See Virginia Code 54.1-2105.1
  • personal action: shall include an action wherein a judgment for money is sought, whether for damages to person or property. See Virginia Code 6.2-1064
  • Personal relationship: means the relationship between a telephone solicitor making a telephone solicitation call and any family member, friend, or acquaintance of that telephone solicitor. See Virginia Code 54.1-2822
  • Physician assistant: means an individual who has met the requirements of the Board for licensure and who works under the supervision of a licensed doctor of medicine, osteopathy, or podiatry. See Virginia Code 54.1-2900
  • player: means a person who participates in a fantasy contest offered by a fantasy contest operator. See Virginia Code 54.1-2934
  • Point-of-sale system: means an electronic cash register capable of recovering stored information related to the sale price of individual retail items. See Virginia Code 2.2-2349.1
  • 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
  • Practice of athletic training: means the prevention, recognition, evaluation, and treatment of injuries or conditions related to athletic or recreational activity that requires physical skill and utilizes strength, power, endurance, speed, flexibility, range of motion or agility or a substantially similar injury or condition resulting from occupational activity immediately upon the onset of such injury or condition; and subsequent treatment and rehabilitation of such injuries or conditions under the direction of the patient's physician or under the direction of any doctor of medicine, osteopathy, chiropractic, podiatry, or dentistry, while using heat, light, sound, cold, electricity, exercise or mechanical or other devices. See Virginia Code 54.1-2900
  • Practice of fitting or dealing in hearing aids: means (i) the measurement of human hearing by means of an audiometer or by any other means solely for the purpose of making selections, adaptations or sale of hearing aids, (ii) the sale of hearing aids, or (iii) the making of impressions for earmolds. See Virginia Code 54.1-1500
  • Practice of funeral services: means engaging in the care and disposition of the human dead, the preparation of the human dead for the funeral service, burial or cremation, the making of arrangements for the funeral service or for the financing of the funeral service and the selling or making of financial arrangements for the sale of funeral supplies to the public. See Virginia Code 54.1-2800
  • Practice of genetic counseling: means (i) obtaining and evaluating individual and family medical histories to assess the risk of genetic medical conditions and diseases in a patient, his offspring, and other family members; (ii) discussing the features, history, diagnosis, environmental factors, and risk management of genetic medical conditions and diseases; (iii) ordering genetic laboratory tests and other diagnostic studies necessary for genetic assessment; (iv) integrating the results with personal and family medical history to assess and communicate risk factors for genetic medical conditions and diseases; (v) evaluating the patient's and family's responses to the medical condition or risk of recurrence and providing client-centered counseling and anticipatory guidance; (vi) identifying and utilizing community resources that provide medical, educational, financial, and psychosocial support and advocacy; and (vii) providing written documentation of medical, genetic, and counseling information for families and health care professionals. See Virginia Code 54.1-2900
  • Practice of geology: means the performance of any service or work for the general public wherein the principles and methods of geology are applied. See Virginia Code 54.1-2200
  • Practice of occupational therapy: means the therapeutic use of occupations for habilitation and rehabilitation to enhance physical health, mental health, and cognitive functioning and includes the evaluation, analysis, assessment, and delivery of education and training in basic and instrumental activities of daily living; the design, fabrication, and application of orthoses (splints); the design, selection, and use of adaptive equipment and assistive technologies; therapeutic activities to enhance functional performance; vocational evaluation and training; and consultation concerning the adaptation of physical, sensory, and social environments. See Virginia Code 54.1-2900
  • Practice of respiratory care: means the (i) administration of pharmacological, diagnostic, and therapeutic agents related to respiratory care procedures necessary to implement a treatment, disease prevention, pulmonary rehabilitative, or diagnostic regimen prescribed by a practitioner of medicine or osteopathic medicine; (ii) transcription and implementation of the written or verbal orders of a practitioner of medicine or osteopathic medicine pertaining to the practice of respiratory care; (iii) observation and monitoring of signs and symptoms, general behavior, general physical response to respiratory care treatment and diagnostic testing, including determination of whether such signs, symptoms, reactions, behavior or general physical response exhibit abnormal characteristics; and (iv) implementation of respiratory care procedures, based on observed abnormalities, or appropriate reporting, referral, respiratory care protocols or changes in treatment pursuant to the written or verbal orders by a licensed practitioner of medicine or osteopathic medicine or the initiation of emergency procedures, pursuant to the Board's regulations or as otherwise authorized by law. See Virginia Code 54.1-2900
  • Practice of soil evaluation: means the evaluation of soil by accepted principles and methods including, but not limited to, observation, investigation, and consultation on measured, observed and inferred soils and their properties; analysis of the effects of these properties on the use and management of various kinds of soil; and preparation of soil descriptions, maps, reports and interpretive drawings. See Virginia Code 54.1-2200
  • Practice of wetland delineation: means the delineation of wetlands by accepted principles and methods including, but not limited to, observation, investigation, and consultation on soil, vegetation, and hydrologic parameters; and preparation of wetland delineations, descriptions, reports and interpretive drawings. See Virginia Code 54.1-2200
  • Preneed: means at any time other than at-need. See Virginia Code 54.1-2800
  • Preneed funeral contract: means any agreement where payment is made by the consumer prior to the receipt of services or supplies contracted for, which evidences arrangements prior to death for (i) the providing of funeral services or (ii) the sale of funeral supplies. See Virginia Code 54.1-2800
  • Preneed funeral planning: means the making of arrangements prior to death for (i) the providing of funeral services or (ii) the sale of funeral supplies. See Virginia Code 54.1-2800
  • Primary state highway system: consists of all highways and bridges under the jurisdiction and control of the Commonwealth Transportation Board and the Commissioner of Highways and not in the secondary state highway system. See Virginia Code 64.2-2741
  • Principal: means a person who manufactures, produces, imports or distributes a product for wholesale and who contracts with a sales representative to solicit orders or sales for such product and compensates the sales representative, in whole or in part, by commission. See Virginia Code 54.1-1134
  • Principal stockholder: means any person who individually or in concert with his spouse and immediate family members beneficially owns or controls, directly or indirectly, 15 percent or more of the equity ownership of a fantasy contest operator or who in concert with his spouse and immediate family members has the power to vote or cause the vote of 15 percent or more of the equity ownership of any such operator. See Virginia Code 54.1-2934
  • Private trust business: means acting as or performing the duties of a fiduciary in the regular course of its business for family members. See Virginia Code 6.2-1074
  • Private trust company: means a corporation or limited liability company that is organized to engage in private trust business under this article with one or more family members and that does not transact business with the general public. See Virginia Code 6.2-1074
  • Proper identification: means proper identification as defined in 15 U. See Virginia Code 54.1-1120.1
  • Property: means any component, part, appliance, or household system of a residential property that is covered by a contract, whether such component, part, appliance, or household system is personal property or is affixed as real property to the covered residential property. See Virginia Code 54.1-1100
  • Property management agreement: means the written agreement between a property manager and the owner of real estate for the management of the real estate. See Virginia Code 54.1-2130
  • Proprietor: means the owner of a retail establishment, restaurant, inn, bar, tavern, sports or entertainment facility or any other similar place of business or professional office located in the Commonwealth in which the public may assemble and in which nondramatic musical works or similar copyrighted works may be performed, broadcast, or otherwise transmitted for the enjoyment of members of the public there assembled. See Virginia Code 54.1-1142.1
  • Provider: means a person that is contractually obligated to the purchaser under the terms of the home service contract. See Virginia Code 54.1-1100
  • provider: means any person or entity other than a public service corporation supervised by the State Corporation Commission, who is the original manufacturer or seller and who solicits, offers, advertises, or executes extended service contracts. See Virginia Code 54.1-1106.2
  • Published informational content: means informational content prepared for or made available to recipients generally, or to a class of recipients, in substantially the same form. See Virginia Code 54.1-2119
  • Purchaser: means a person who enters into a home service contract with a provider. See Virginia Code 54.1-1100
  • Purchaser: means a person who enters into an extended service contract with an extended service contract provider. See Virginia Code 54.1-1106.2
  • Purchaser: means any person who enters into an agreement in whole or in part within this Commonwealth with a travel club for travel services. See Virginia Code 54.1-1123
  • Radiologic technologist: means an individual, other than a licensed doctor of medicine, osteopathy, podiatry, or chiropractic or a dentist licensed pursuant to Chapter 27 (§ Virginia Code 54.1-2100
  • Reasonable attempt to repair: means that within one year after the date of first delivery of the assistive device:

    1. See Virginia Code 54.1-1508

  • Receipt: means :

    (A) with respect to a copy, taking delivery; or

    (B) with respect to a notice:

    (i) coming to a person's attention; or

    (ii) being delivered to and available at a location or system designated by agreement for that purpose or, in the absence of an agreed location or system: (a) being delivered at the person's residence, or the person's place of business through which the contract was made, or at any other place held out by the person as a place for receipt of communications of the kind; or (b) in the case of an electronic notice, coming into existence in an information processing system or at an address in that system in a form capable of being processed by or perceived from a system of that type by a recipient, if the recipient uses, or otherwise has designated or holds out, that place or system for receipt of notices of the kind to be given and the sender does not know that the notice cannot be accessed from that place. See Virginia Code 54.1-2119

  • Receive: means to take receipt. See Virginia Code 54.1-2119
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Virginia Code 54.1-2119
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Virginia Code 54.1-2105.1
  • Recording group: means a vocal or instrumental group at least one of whose members has previously released a commercial sound recording under that group's name and in which the member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group. See Virginia Code 54.1-1500.1
  • Regulant: means any individual, person, firm, corporation, association, partnership, joint venture or any other legal entity licensed by the Board for Contractors. See Virginia Code 54.1-1118
  • Regulant: means a person, partnership, association, corporation, agency, firm or any other entity licensed by the Real Estate Board as a real estate broker or real estate salesperson. See Virginia Code 54.1-2112
  • Release: means an agreement by a party not to object to, or exercise any rights or pursue any remedies to limit, the use of information or informational rights which agreement does not require an affirmative act by the party to enable or support the other party's use of the information or informational rights. See Virginia Code 54.1-2119
  • Residential building energy analysis: means (i) an inspection, investigation, or survey of a dwelling or other structure to evaluate, measure, or quantify its energy consumption and efficiency, including lighting, HVAC, electronics, appliances, water heaters, insulation, and water conservation, and (ii) recommendations to reduce energy consumption and improve efficiency of a dwelling or other structure, including lighting, HVAC, electronics, appliances, water heaters, insulation, and water conservation for compensation conducted or made by a licensed residential building energy analyst. See Virginia Code 54.1-1144
  • Residential real estate: means real property containing from one to four residential dwelling units and the sale of lots containing one to four residential dwelling units. See Virginia Code 54.1-2130
  • Respiratory care: means the practice of the allied health profession responsible for the direct and indirect services, including inhalation therapy and respiratory therapy, in the treatment, management, diagnostic testing, control, and care of patients with deficiencies and abnormalities associated with the cardiopulmonary system under qualified medical direction. See Virginia Code 54.1-2900
  • Rider: means any person who is (i) waiting in the immediate vicinity to get on an amusement device; (ii) getting on an amusement device; (iii) using an amusement device; (iv) getting off an amusement device; or (v) leaving an amusement device and still in its immediate vicinity. See Virginia Code 54.1-2910
  • Roadway: means that portion of a highway improved, designed, or ordinarily used for vehicular travel. See Virginia Code 64.2-2741
  • royalties: means the fees payable to a copyright owner or performing rights society for the public performance of nondramatic musical or other similar works. See Virginia Code 54.1-1142.1
  • sale: includes barter and exchange. See Virginia Code 2.2-2349.1
  • sale: means any transfer of title or of the right to use by lease, bailment, or any other contract, excluding wholesale transactions with distributors or practitioners. See Virginia Code 54.1-1500
  • Sales representative: means a person other than an employee who contracts with a principal to solicit wholesale orders or sales and who is compensated, in whole or in part, by commission, but shall not include a person who purchases exclusively for his own account for resale. See Virginia Code 54.1-1134
  • School board: means the school board that governs a school division. See Virginia Code 15.2-520
  • Secondary highway: means any highway in or component of the secondary state highway system. See Virginia Code 64.2-2741
  • Secondary state highway system: consists of all public highways, causeways, bridges, landings, and wharves in the counties of the Commonwealth not included in the primary state highway system and that have been accepted by the Department of Transportation for supervision and maintenance. See Virginia Code 64.2-2741
  • Security procedure: means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. See Virginia Code 54.1-2105.1
  • Send: means , with any costs provided for and properly addressed or directed as reasonable under the circumstances or as otherwise agreed, to deposit a record in the mail or with a commercially reasonable carrier, to deliver a record for transmission to or re-creation in another location or information processing system, or to take the steps necessary to initiate transmission to or re-creation of a record in another location or information processing system. See Virginia Code 54.1-2119
  • Soil: means the groups of natural bodies occupying the unconsolidated portion of the earth's surface which are capable of supporting plant life and have properties caused by the combined effects, as modified by topography and time, of climate and living organisms upon parent materials. See Virginia Code 54.1-2200
  • Soil evaluation: means plotting soil boundaries, describing and evaluating the kinds of soil and predicting their suitability for and response to various uses. See Virginia Code 54.1-2200
  • Soil science: means the science dealing with the physical, chemical, mineralogical, and biological properties of soils as natural bodies. See Virginia Code 54.1-2200
  • Soil scientist: means a person having special knowledge of soil science and the methods and principles of soil evaluation as acquired by education and experience in the formation, description and mapping of soils. See Virginia Code 54.1-2200
  • Solicitation: means initiating contact with consumers with the intent of influencing their selection of a funeral plan or funeral service provider. See Virginia Code 54.1-2800
  • 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 6.2-1065
  • State trust institution: means a trust institution having its principal office in the Commonwealth. See Virginia Code 6.2-1065
  • Subscriber: means (i) a person who has subscribed to telephone service from a telephone company or (ii) other persons living or residing with the person. See Virginia Code 54.1-2905
  • Systems of state highways: has the meaning assigned to it in § Virginia Code 54.1-2822
  • Telephone solicitor: means any person who makes, or causes another person to make, a telephone solicitation call. See Virginia Code 54.1-2822
  • Termination: means the ending of a contract by a party pursuant to a power created by agreement or law otherwise than because of breach of contract. See Virginia Code 54.1-2119
  • Time of disaster: means the shorter of (i) the period of time when a state of emergency declared by the Governor or the President of the United States as the result of a disaster, emergency, or major disaster, as those terms are used and defined in § Virginia Code 6.2-1000
  • Trust department: means that group or groups of officers and employees of an association, or of an affiliate of an association, to whom are assigned the performance of fiduciary services by the association. See Virginia Code 6.2-1081
  • Trust institution: means a bank or trust company chartered by a state bank supervisory agency or by the Office of the Comptroller of Currency. See Virginia Code 6.2-1065
  • Trust institution: means any (i) bank authorized to engage in the trust business, (ii) trust company, or (iii) trust subsidiary. See Virginia Code 6.2-1000
  • Trust office: means an office at which a trust institution engages in a trust business and not in the banking business. See Virginia Code 6.2-1065
  • Trustmark: means a machine-readable official seal, authentication feature, certification, license, or logo that may be provided by an identity trust framework operator to certified identity providers within its identity trust framework to signify that the identity provider complies with the written rules and policies of the identity trust framework. See Virginia Code 54.1-2929
  • Uniform Transfers to Minors Act: means Chapter 19 (§ Virginia Code 37.2-422
  • Virginia certified professional geologist: means a person who possesses all qualifications specified in this chapter for certification and whose competence has been attested by the Board through certification. See Virginia Code 54.1-2200
  • Virginia certified professional wetland delineator: means a person who possesses the qualifications required for certification by the provisions of this chapter and the regulations of the Board and who is granted certification by the Board. See Virginia Code 54.1-2200
  • Virginia state bank: means a bank chartered under the laws of the Commonwealth and permitted to engage in the trust business pursuant to § Virginia Code 54.1-2200