2026 SESSION

INTRODUCED

26105257D

HOUSE BILL NO. 560

Offered January 14, 2026

Prefiled January 13, 2026

A BILL to amend and reenact § 2.2-4025 of the Code of Virginia, relating to Administrative Process Act; exemptions; limitations; appeals of case decisions regarding benefits sought.

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Patrons—Hope and Cole, N.T.

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Referred to Committee on General Laws

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Be it enacted by the General Assembly of Virginia:

1. That § 2.2-4025 of the Code of Virginia is amended and reenacted as follows:

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

A. This article shall not apply to any agency action that (i) is placed beyond the control of the courts by constitutional or statutory provisions expressly precluding court review, (ii) involves solely the internal management or routine of an agency, (iii) is a decision resting entirely upon an inspection, test, or election save as to want of authority therefor or claim of arbitrariness or fraud therein, (iv) is a case in which the agency is acting as an agent for a court, or (v) encompasses matters subject by law to a trial de novo in any court.

B. The Notwithstanding the provisions of subsection A, the provisions of this article, however, shall apply to case decisions decision appeals brought (i) by individuals for themselves or representatives entitled to appeal on their behalf regarding the grant or denial of Temporary Assistance for Needy Families, Medicaid, food stamps Supplemental Nutrition Assistance Program benefits, general relief, auxiliary grants, or state-local hospitalization and (ii) pursuant to subsection E of § 32.1-325 and § 32.1-325.1 regarding the grant or denial of Medicaid. For appeals of case decisions described in clause (i), such appeals shall be based upon the agency record in accordance with the provisions of § 2.2-4027. For appeals of case decisions described in clause (ii), the provisions of subsection C shall apply.

However, C. For case decision appeals brought pursuant to subsection E of § 32.1-325 and § 32.1-325.1 regarding the grant or denial of Medicaid, no appeal may be brought regarding the adequacy of standards of need and payment levels for public assistance and social services programs. Notwithstanding the provisions of § 2.2-4027, the review shall be based solely upon the agency record, and the court shall be limited to ascertaining whether there was substantial evidence in the agency record to support the case decision of the agency acting as the trier of fact. If the court finds in favor of the party complaining of agency action, the court shall remand the case to the agency for further proceedings. The validity of any statute, regulation, standard, or policy, federal or state, upon which the action of the agency was based shall not be subject to review by the court. No intermediate relief shall be granted under § 2.2-4028.