West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-08 - Racetrack Table Games Rule › Part 3 - LICENSES › Section 179-8-17 - Applications

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. An
				  application for a license under the Act and this rule is a request by the
				  applicant seeking a revocable privilege. The Commission may grant a license if
				  the applicant meets the licensing requirements of the Act and this
				  rule.
17.2. An applicant for a
				  license under the Act and this rule shall, at all times, have the burden of
				  demonstrating to the Commission, by clear and convincing evidence, that the
				  applicant is eligible, qualified, and suitable to be granted and retain the
				  license for which application is made under the applicable licensing standards
				  and requirements of the Act and this rule.
17.3. A license issued by the Commission
				  under the Act or this rule is a revocable privilege granted by the Commission.
				  A person who holds a license does not acquire, and shall not be considered to
				  acquire, a vested property right or other right, in the license.
17.4. The Commission shall use reasonable
				  efforts to avoid unnecessary publicity concerning information included in the
				  applications and other documents that are or could reasonably be considered
				  sensitive; however, an applicant or licensee shall accept any risk of adverse
				  publicity, public notice, notoriety, embarrassment, criticism, financial loss,
				  or other unfavorable or harmful consequences that may occur in connection with,
				  or as a result of, the application and licensing process or the public
				  disclosure of information submitted to the Commission with a license
				  application or at the Commission's request under the Act and this
				  rule.
17.5. An applicant or
				  licensee may claim any privilege afforded by the Constitution or laws of the
				  United States or of the state of West Virginia in refusing to answer questions
				  or provide information requested by the Commission. A claim of privilege with
				  respect to any testimony or evidence pertaining to the eligibility,
				  qualifications, or suitability of an applicant or licensee to be granted or
				  hold a license under the Act and this rule may constitute cause for denial,
				  suspension, revocation or restriction of the license.
17.6. An applicant and licensee shall:
17.6.a. Notify the Commission of a material
				  change in the information submitted in the license application submitted by the
				  applicant or licensee or a change in circumstance, that may render the
				  applicant or licensee ineligible, unqualified, or unsuitable to hold the
				  license under the licensing standards and requirements of the Act and this
				  rule;
17.6.b. Maintain the
				  applicant's or licensee's eligibility, qualifications, and suitability to be
				  issued and hold the license held or applied for under the Act and this rule;
				  and
17.6.c. Provide any information
				  requested by the Commission relating to licensing or regulation; cooperate with
				  the Commission in investigations, hearings, and enforcement and disciplinary
				  actions; and comply with all conditions, restrictions, requirements, orders,
				  and rulings of the Commission in accordance with the Act and this
				  rule.