As used in this article:
"Agency" means any department, institution, authority, instrumentality, board or other administrative agency of the government of the Commonwealth of Virginia and any transportation district created pursuant to the Transportation District Act of 1964 (§ 33.2-1900 et seq.) of Title 33.2 and Chapter 630 of the 1964 Acts of Assembly.
"Employee" means any officer, employee or agent of any agency, or any person acting on behalf of an agency in an official capacity, temporarily or permanently in the service of the Commonwealth, or any transportation district, whether with or without compensation.
"School boards" as defined in § 22.1-1 are not state agencies nor are employees of school boards state employees.
"Transportation district" shall be limited to any transportation district or districts which have entered into an agreement in which the Northern Virginia Transportation District is a party with any firm or corporation as an agent to provide passenger rail services for such district or districts while such firm or corporation is performing in accordance with such agreement.
1981, c. 449; 1986, cc. 534, 584; 1991, c. 23.
Notes of Decisions
Creed v. Commonwealth of Virginia, 596 F. Supp. 2d 930 (E.D. Va. 2009).
· cites it 3× “” Va.Code Ann. § 8.01-195.2. Indeed, no party submitted any Virginia case law regarding the “agency” status of an ADC-like jail under the VTCA, and this Court was unable to locate any such authority.”
Doud v. Com., 717 S.E.2d 124 (Va. 2011).
· cites it 2× “In Code § 8.01-195.2, the VTCA defines an "employee" as "any officer, employee or agent of any agency, or any person acting on behalf of an agency in an official capacity.”
Wright v. Wiedower, 56 Va. Cir. 470 (Winchester Cir. Ct. 2001).
· cites it 4× “In express recognition of the principles of agency which underlie any negligence action against the Commonwealth and its agencies, the Tort Claims Acts defines “agency,” 1 Virginia Code § 8.01-195.2, and it requires the claimant to *473 specifically identify the State “agency or…”
Murphy v. Fairfax Cnty. Sch. Bd., 6 Va. Cir. 97 (Fairfax Cir. Ct. 1984).
· cites it 4× “Section 8.01-195.2 defines "state agency" as "any department, institution, authority, instrumentality, board or other administrative agency of the government of the Commonwealth of Virginia.”
Monica Drasovean v. Steven Walts (Va. Ct. App. 2025).
· cites it 19× “242, 244 (2004); • school boards, see Code § 8.01-195.2; or • counties, cities, and towns, see Code § 8.”
McKay v. Clarke Cnty. Sch. Bd., 10 Va. Cir. 442 (Clarke Cir. Ct. 1988).
“This construction is confirmed by the 1986 amendment to § 8.01-195.2 (effective after this cause accrued) of the Tort Claims Act expressly providing that school boards and their employees are not state agencies or state employees, and these defendants are found not subject to…”
Monica Drasovean v. Steven Walts (Va. Ct. App. 2024).
· cites it 4× “Code § 8.01-195.2. This abrogation led the Fairfax County Circuit Court to find that because the “School Board [was] a ‘state agency’ as defined [in the Act], [its] Plea of Sovereign Immunity is overruled.”
Monica Drasovean v. Steven Walts (Va. Ct. App. 2024).
· cites it 2× “Code § 8.01-195.2. This abrogation led the Fairfax County Circuit Court to find that because the “School Board [was] a ‘state agency’ as defined [in the Act], [its] Plea of Sovereign Immunity is overruled.”
Jafari v. Wiggins, 41 Va. Cir. 514 (Richmond County Cir. Ct. 1997).
“See § 8.01-195.2. Second, as defendants observe, Jafari has not alleged he actually filed a grievance.”
White v. Commonwealth, 22 Va. Cir. 275 (Washington Cir. Ct. 1990).
“This is so, the defendant contends, because under the provisions of the Virginia Tort Claims Act, any potential claim by the Yateses against the Commonwealth is time-barred because no notice of claim was ever filed.”
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