brief, for the first time, they cite to Virginia Code § 2.2-4026, which provides a process for a state administrative appeal; Any person affected by and claiming the unlawfulness of any regulation or party aggrieved by and claiming unlawfulness of a case decision .., 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 of [the] Supreme Court of Virginia. Va. Code § 2.2-4026(A). Plaintiffs do not claim the unlawfulness of any regulation. Further, the SBE’s decision to require the Statement as a precondition to voting in the Republican presidential primary may not constitute a "case decision.” See Giannoukos v. Va. Bd. of Med, 44 Va.App. 694, 607 S.E.2d 136, 138 (2005) (<HOLDING>). 28 . Because the Court discerns no likelihood
recognizing that the determination is an equitable one holding that appellate court is not bound by the agencys interpretation of a statute or its determination of a strictly legal issue holding that unless a determination by a court in a criminal case is directly attacked it remains the determination of the court whether decided rightly or wrongly holding that an adverse credibility determination is overturned only if each proffered reason for the determination fails holding that a case deci sion contemplated a determination that a named party is or may be in violation of laws or regulations in effect at the time not a determination addressing only the agencys legal duties