West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 5 - ISSUANCE OF PERMITS AND DUTIES OF PERMIT HOLDERS › Section 178-1-26 - Trainers

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1.
				  Permit Requirement for Trainers. The following provisions apply to the permit
				  requirements for trainers:
26.1.a. A trainer
				  shall obtain an occupational permit from the Racing Commission and shall list
				  on his or her occupational permit application the names of all owners or part
				  owners of the horses he or she trains.
26.1.b. An applicant for a trainer's
				  occupational permit who has not previously held a trainer's permit shall
				  provide the following or undergo the following in connection with his or her
				  application so that the Racing Commission and/or the stewards may determine
				  whether or not the applicant is qualified to hold a trainer's permit:
26.1.b.1. evidence that the applicant held a
				  permit in another racing occupation in the state of West Virginia for three (3)
				  consecutive years; or
26.1.b.2.
				  evidence that the applicant held a permit in another racing occupation in
				  another state for four (4) consecutive years; and
26.1.b.3. statements from two (2) reputable
				  persons in the racing industry attesting to the person's character and
				  qualifications; and
26.1.b.4. a
				  written and/or oral and/or practical skills examination administered by the
				  stewards and/or their designee.
26.1.c. Beginning on January 1, 2022, in
				  order to maintain a current permit, trainers and assistant trainers must
				  complete a minimum of four (4) hours of continuing education per calendar year
				  and shall certify compliance as a condition of permit issuance.
26.1.c.1. Qualifying continuing education
				  courses, which may include live and on-line presentations, shall be approved in
				  advance by the Racing Commission.
26.1.c.2. A minimum of two (2) of the four
				  (4) hours of continuing education required per calendar year shall pertain to
				  equine health, safety and welfare topics.
26.1.c.3. A trainer or assistant trainer
				  completing an approved continuing education course or program in another racing
				  jurisdiction that requires the completion of continuing education as a
				  condition of licensure may claim reciprocal continuing education credit in West
				  Virginia.
26.1.c.4. Satisfaction of
				  this continuing education requirement may be subject to audit by the Racing
				  Commission or its designee. Such audits may be conducted randomly or for cause.
				  If an audit reveals that continuing education requirements have not been met
				  during any calendar year, a trainer or assistant trainer may be subject to
				  discipline.
26.1.c.5. A trainer or
				  assistant trainer shall retain, for a minimum period of four (4) years,
				  appropriate documentation, indicating:
26.1.c.5.A. that the trainer or assistant
				  trainer attended or otherwise participated in a course or program, specifying
				  the name, title, date and location of the course or program, and the number of
				  continuing education hours earned;
26.1.c.5.B. that a course or program was
				  accredited by the relevant state regulatory authority or its designee;
				  and,
26.1.c.5.C. proof of
				  compliance (certificate of completion when available) for each credit hour
				  earned.
26.1.c.6.
				  Trainers and assistant trainers shall attest on their permit applications that
				  annual continuing education credits have been met. A permit shall not be issued
				  if such an attestation is not provided.
26.1.c.7. The Racing Commission or the
				  stewards may waive continuing education requirements for just cause.