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2014 SESSION
14101006DBe it enacted by the General Assembly of Virginia:
1. That § 2.2-4026 of the Code of Virginia is amended and reenacted as follows:
§ 2.2-4026. Right, forms, venue; date of adoption or readoption for purposes of appeal.
A. Any person affected by and
claiming the unlawfulness of any regulation,
or party aggrieved by and claiming unlawfulness of a case decision and whether
exempted from the procedural requirements of Article 2 (§ 2.2-4006 et seq.) or
3 (§ 2.2-4018 et seq.) of this chapter,
shall have a right to the direct review thereof by an appropriate and timely
court action against the agency or its officers or agents in the manner
provided by the rules Rules
of the Supreme Court of Virginia.
Actions may be instituted in any court of competent jurisdiction as provided in
§ 2.2-4003, and the judgments of the courts of original jurisdiction shall be
subject to appeal to or review by higher courts as in other cases unless
otherwise provided by law. In addition, when any regulation or case decision is
the subject of an enforcement action in court, it shall also be reviewable by
the court as a defense to the action, and the judgment or decree therein shall
be appealable as in other cases.
B. Notwithstanding any other provision of law or of any executive order issued under this chapter, with respect to any regulation subject to judicial review under this chapter, the date of adoption or readoption of the regulation pursuant to § 2.2-4015 for purposes of appeal under the Rules of Supreme Court shall be the date of publication in the Register of Regulations.