2.2-4025 - Exemptions operation of this article; limitations. - Virginia Statutes

§ 2.2-4025. Exemptions operation of this article; limitations.

A. This article shall not apply to any agency action that (i) is placedbeyond the control of the courts by constitutional or statutory provisionsexpressly precluding court review, (ii) involves solely the internalmanagement or routine of an agency, (iii) is a decision resting entirely uponan inspection, test, or election save as to want of authority therefor orclaim of arbitrariness or fraud therein, (iv) is a case in which the agencyis acting as an agent for a court, or (v) encompasses matters subject by lawto a trial de novo in any court.

B. The provisions of this article, however, shall apply to case decisionsregarding the grant or denial of Temporary Assistance for Needy Families,Medicaid, food stamps, general relief, auxiliary grants, or state-localhospitalization. However, no appeal may be brought regarding the adequacy ofstandards of need and payment levels for public assistance and socialservices programs. Notwithstanding the provisions of § 2.2-4027, the reviewshall be based solely upon the agency record, and the court shall be limitedto ascertaining whether there was evidence in the agency record to supportthe case decision of the agency acting as the trier of fact. If the courtfinds in favor of the party complaining of agency action, the court shallremand the case to the agency for further proceedings. The validity of anystatute, regulation, standard or policy, federal or state, upon which theaction of the agency was based shall not be subject to review by the court.No intermediate relief shall be granted under § 2.2-4028.

(1975, c. 503, §§ 9-6.14:4.1, 9-6.14:15, 9-6.14:16; 1986, c. 615; 1989, cc.677, 734; 2001, c. 844; 2002, c. 747.)