Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 210 - REGULATION FOR DISPUTE RESOLUTION › Part I - Definitions › Section 9VAC5-210-20 - Terms defined

Current through Register Vol. 40, No. 24, July 15, 2024
"Board" means the State Air Pollution Control
					 Board.
"Conciliation" means a process in which a neutral
					 facilitates settlement by clarifying issues and serving as an intermediary for
					 negotiations in a manner that is generally more informal and less structured
					 than mediation.
"Department" means the Department of Environmental
					 Quality.
"Director" means the Director of the Department of
					 Environmental Quality or his designee.
"Dispute resolution," "dispute resolution procedure," or
					 "dispute resolution proceeding" means any structured process in which a neutral
					 assists disputants in reaching a voluntary settlement by means of dispute
					 resolution techniques such as mediation, conciliation, early neutral
					 evaluation, nonjudicial settlement conferences, or any other proceeding leading
					 to a voluntary settlement conducted consistent with the requirements of this
					 chapter. The term includes the orientation session.
"Dispute resolution program" means a program that offers
					 dispute resolution services to the public that is run by the Commonwealth or
					 any private for-profit or not-for-profit (including nonprofit) organization,
					 political subdivision, or public corporation, or a combination of these.
"Dispute resolution services" includes screening and
					 intake of disputants, conducting dispute resolution proceedings, drafting
					 agreements, and providing information or referral services.
"Mediation" means a process in which a mediator
					 facilitates communication between the parties and, without deciding the issues
					 or imposing a solution on the parties, enables them to understand and to reach
					 a mutually agreeable resolution to their dispute.
"Mediator" means a neutral who is an impartial third party
					 selected by agreement of the parties to a controversy to assist them in
					 mediation. As used in this chapter, this word may refer to a single person or
					 to two or more people.
"Neutral" means a person who is trained or experienced in
					 conducting dispute resolution proceedings and in providing dispute resolution
					 services. As used in this chapter, this word may refer to a single person or to
					 two or more people.
"Orientation session" means a preliminary meeting during
					 which the dispute resolution proceeding is explained to the parties and the
					 parties and the neutral assess the case and decide whether to continue with a
					 dispute resolution proceeding or adjudication.
"Party" means an interested person who has chosen to be
					 and who is eligible to be a disputant in a dispute resolution proceeding. An
					 interested person is eligible if he (i) has attended a public meeting or public
					 hearing on the permit or regulation in dispute and is therefore named in the
					 public record, (ii) is the applicant for the permit in dispute, or (iii) is the
					 department.
"Person" means an individual, a corporation, a
					 partnership, an association, a government body, a municipal corporation, or any
					 other legal entity.
"Virginia Air Pollution Control Law" means Chapter 13
					 (§ 10.1-1300 et seq.) of Title 10.1 of the Code of Virginia.
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.