West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-02 - Greyhound Racing › Part 5 - DUTIES AND REQUIREMENTS OF OCCUPATIONAL PERMIT HOLDERS › Section 178-2-32 - General Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
32.1. Any
				  person who is involved in or employed by those involved in racing or operating
				  a licensed association or those operating concessions for or under authority
				  from any association, shall have a valid occupational permit issued by the
				  Racing Commission, unless he or she is otherwise specifically exempted by the
				  Commission.
32.2. All applicants
				  for an occupational permit, or renewal thereof, shall file an application with
				  the Racing Commission License Clerk. The application shall be submitted to the
				  judges who may issue the occupational permit, hold the application for further
				  investigation, or refer it to the Racing Commission for final action. All
				  judges shall review and sign all occupational permit applications.
32.3. All applicants for an occupational
				  permit or renewal may be required to furnish their respective fingerprints for
				  examination by the West Virginia Criminal Investigation Division and the
				  Federal Bureau of Investigation. All applicants shall furnish fingerprints and
				  sign an authorization for die release of information by die Criminal
				  Investigation Division and Federal Bureau of Investigation. In addition to die
				  permit fee provided in this rule, the Commission may assess die cost of the
				  background check(s) to the applicant.
32.4. The association shall provide equipment
				  for fingerprinting and photographing all occupational permit holders and shall
				  provide the equipment necessary to include the picture of the permit holder on
				  the permit.
32.5. All applicants
				  for an occupational permit or renewal thereof shall pay the prescribed fee for
				  die specific permit requested. The fees for occupational permits effective for
				  calendar year 2012 and thereafter are listed in Table 32.5 included in this
				  rule.
32.6. The Commission may
				  assess an applicant or permit holder a credit card transaction fee for any
				  required payment by the applicant or permit holder who chooses to pay by credit
				  card.
32.7. Any person who is
				  suspended or revoked, or whose permit has been denied by any racing board or
				  commission in another jurisdiction shall apply to and be reinstated by die
				  board or commission of that jurisdiction in which die original ruling was made
				  before being eligible to hold an occupational permit by the Racing
				  Commission.
32.8. All occupational
				  permit holders shall visibly display identification while in restricted areas.
				  In addition, all permit holders shall have their occupational permit on their
				  person at all times while on association grounds. Permit holders shall be held
				  responsible for the safekeeping of his or her permit. No occupational permit is
				  transferable and no duplicate cards shall be issued except upon payment of a
				  fee of five dollars ($5.00).
32.9.
				  The judges or die Racing Commission may deny or refuse to renew an occupational
				  permit if the applicant does not meet die requirements set forth in this rule
				  for the permit sought, or for any reason that would constitute grounds for
				  discipline under these rules, or if a conflict of interest exists or could
				  exist by the issuance or renewal of the permit. In addition, die Racing
				  Commission may designate categories of permit applications that require a
				  determination of issuance or denial by the Commission and not the judges. The
				  Racing Commission may require, however, that die judges provide a
				  recommendation as to die issuance or denial of any such permit
				  application.
32.10. When the judges
				  or the Racing Commission deny an application for an occupational permit, they
				  shall set forth the reasons for die denial in an Order or Ruling to the
				  applicant and shall further report the under to the Association of Racing
				  Commissioners International.
32.11.
				  The judges may allow any applicant for an occupational permit permission to
				  pursue his or her vocation pending action on the application by issuance of a
				  conditional permit.
32.12. Each
				  occupational permit is valid for one (1) year, unless approved otherwise by the
				  Commission. Each permit shall be renewed according to the following schedule:
				  Permits issued to persons whose date of birth is January 1 through and
				  including April 30 shall be renewed no later than April 30 of each year;
				  permits issued to persons whose date of birth is May 1 through and including
				  August 31 shall be renewed no later than August 31 of each year; and permits
				  issued to persons whose date of birth is September 1 through and including
				  December 31 shall be renewed no later than December 31 of each year.
32.13. The responsibility for obtaining an
				  occupational permit for an employee rests with the employer. Any permit holder
				  who employs an individual must report that employment to the judges and
				  immediately obtain an occupational permit for the employee.
32.14. No individual under die age of sixteen
				  (16) years shall be granted an occupational permit.
32.15. The judges or die Racing Commission
				  may impose any condition on the issuance or renewal of an occupational permit
				  that they consider necessary to protect the best interest of racing.
32.16. All permit holders shall abide by the
				  laws of die State of West Virginia and these rules and accept die decision of
				  the judges on all questions, subject to the right of appeal to the Racing
				  Commission.
32.17. The Commission
				  is authorized to confirm the immigration status of any applicant or permit
				  holder.