Virginia Administrative Code › Title 11 - GAMING › Agency 10 - VIRGINIA RACING COMMISSION › Chapter 60 - PARTICIPANTS › Section 11VAC10-60-10 - Generally

Current through Register Vol. 40, No. 24, July 15, 2024
No person shall participate in any horse racing subject to
				  the jurisdiction of the commission or in the conduct of a race meeting or
				  pari-mutuel wagering of the race meeting unless the person possesses a permit
				  from the commission and complies with the provisions of the Act and the
				  regulations of the commission. Permits issued by the commission are not
				  transferable.
A. Application for
				permit. A person desiring to obtain a permit to participate in horse racing
				with pari-mutuel wagering shall make an application for a permit on a form
				prescribed by the commission. The application shall be accompanied by a fee
				prescribed by the commission and the cost of fingerprinting. The applicant
				shall be photographed. The application shall be verified by the oath or
				affirmation of the applicant.
B.
				Fee schedule. Before submitting an application for a permit as a participant,
				the applicant shall consult the fee schedule (11VAC10-60-15
				) of the Virginia Racing Commission to ascertain the applicable fee, make out a
				check or money order payable to the Virginia Racing Commission or pay in cash
				or with a credit card the full amount of the fee, and submit the fee with the
				application.
C. Reciprocity. The
				commission shall conduct a review of the statutes of other jurisdictions
				pertaining to horse racing with pari-mutuel wagering to ascertain which
				jurisdictions have substantially the same standards as those of Virginia. Upon
				submission of an application and payment of the prescribed fee by a holder of a
				permit, license or other similar document from those jurisdictions whose
				standards for permits, licenses or similar documents are substantially the
				same, the commission may, in its discretion, grant reciprocity to the applicant
				provided that the applicant has not been convicted of a misdemeanor or
				felony.
D. Fingerprinting. The
				applicant shall be fingerprinted upon making his initial application in the
				Commonwealth. The commission may waive this requirement in connection with an
				application for a permit by reciprocity with another jurisdiction provided that
				the applicant was fingerprinted and was subjected to a criminal history record
				information check in a jurisdiction whose laws governing fingerprinting and
				background investigations are substantially the same as required by Virginia
				and that he has not been convicted of a misdemeanor or a felony. However, the
				commission, in its discretion, may require fingerprints from any applicant or
				holder of a permit at any time.
E.
				Consideration of application. The commission, acting through its executive
				secretary or other designee, shall promptly consider any application for a
				permit and issue the permit based on the information contained in the
				application and all other information before it, including any investigation it
				deems appropriate. If an application for a permit is approved, the commission
				shall issue the permit.
F. Denial
				of application. If from the face of the application, an applicant appears
				ineligible because of the requirements specified in §
									59.1-389B
				of the Code of Virginia, his application shall be denied by the commission,
				acting through its executive secretary or other designee. The commission may
				deny an application for a permit for the reason specified in §
									59.1-389C
				of the Code of Virginia. Absent mitigating circumstances, the application for a
				permit shall be denied if the applicant has three or more misdemeanor
				convictions, regardless of offense, within five years preceding the application
				date. If the applicant has multiple convictions of the same offense on the same
				day, it shall not constitute three or more misdemeanor convictions for purposes
				of this regulation. The applicant may withdraw his application prior to
				denial.
G. Ineligible applicant. If
				it appears that the applicant may be ineligible because he has committed a
				felony or misdemeanor that may be detrimental to horse racing in the
				Commonwealth, he shall be afforded the opportunity to withdraw his application
				or request a hearing before a steward regarding his application. However, the
				commission, in its discretion, may issue a permit to an applicant providing the
				felony or misdemeanor is not one of those listed in §
									59.1-389C
				of the Code of Virginia.
H.
				Felonies considered detrimental. In the absence of mitigating circumstances,
				the following felonies are considered detrimental to horse racing in Virginia
				and the commission, acting through its executive secretary or other designee,
				shall deny the application and refuse to issue the permit if the applicant has
				been convicted of any of them:
1. For
				horsemen participants:
a. Serious violent
				offenses, including murder, rape, forcible sodomy, crimes against nature, and
				aggravated assault or maiming;
b.
				Burglary offenses; and
c. Arson
				offenses.