West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-04 - Dispute Resolutions Procedures › Section 178-4-3 - Hearing and Appeal Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
Whenever there is a policy dispute or issue involving the
				  Racing Commission and any licensee, or there is any other dispute between the
				  Racing Commission and a licensee, prospective licensee or applicant for a
				  license, including a dispute in which declaratory relief is sought or is
				  necessary, the following procedure shall be utilized.
3.1. Issuance of notice requiring compliance.
				-- Within thirty (30) days from the date the Racing Commission determines that
				a licensee, or a third party subject to the Racing Commission's jurisdiction,
				is not complying with a Commission policy or decision, the Commission shall by
				personal service, substituted service or certified mail, serve upon the
				licensee or third party appropriate notice mandating that compliance be
				accomplished by a specified date and, where necessary, the method of compliance
				required. Service by personal or substituted service shall be valid if made by
				any method authorized by Rule 4 of the West Virginia Rules of Civil Procedure.
				Service of notice by certified mail shall be valid if accepted by the licensee
				or third party, or if addressed to and mailed to such person's usual place of
				business and accepted by any officer, partner or employee of the licensee or
				third party. Any notice so mailed and accepted shall be presumed accepted by
				the licensee or third party. Any notice so addressed and mailed and
				subsequently refused or not claimed may be served by regular mail which is
				mailed, postage paid, to the same address and the date of posting in the mail
				shall be the date of service.
3.2.
				Petition for hearing. -- A licensee or third party which disputes the
				requirement to comply with the notice must petition in writing for a hearing
				thereon, such petition to be personally or by certified mail filed with the
				Commission. The petition for a hearing must be served upon the Commission
				within twenty (20) days following the receipt by the licensee or third party of
				the notice in question.
3.3.
				Petition requirements. -- The petition for a hearing is to be in writing,
				verified under oath by the licensee or third party, or its duly authorized
				representative having knowledge of the facts, with an original and one (1)
				copy. It shall be complete in itself so as to fully state the issues. No
				telegram, fax, telephone call, letter or similar communication will be regarded
				as a petition. The petition must contain all of the following:
3.3.1. A jurisdictional statement.
3.3.2. A clear and concise assignment of each
				item of error of the notice which the taxpayer alleges to have been committed
				by the Commission in its determination of noncompliance with a Commission
				policy or decision, with each assignment of error being shown in separately
				stated.
3.3.3. A clear and concise
				statement of fact upon which the petitioner relies as sustaining each
				assignment of error.
3.3.4. A
				prayer setting forth the relief sought.
3.3.5. The signature of the petitioner or its
				officers.
3.3.6. A verification by
				the petitioner.