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 179-8-47 - Occupational Licensing Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
47.1. An applicant for an occupational
				  license shall submit, together with the required application fee, a completed
				  application that has been endorsed by an authorized representative of the
				  casino by whom the applicant will be employed if the applicant is
				  licensed.
47.2. After the
				  Commission has received the completed occupational license application,
				  appropriate application fee, photograph, and fingerprints, the Commission shall
				  review the applicant's application and conduct a criminal history check on the
				  applicant.
47.3. If a preliminary
				  review of the application and the criminal history check does not uncover or
				  indicate any apparent deficiencies in the application or other circumstances
				  that may require denial of the application under the licensing standards of the
				  Act and this rule, then the Director may issue a temporary occupational license
				  to the applicant. The temporary occupational license authorizes the applicant
				  to perform the employment duties for which the license is sought, pending
				  Commission action on the applicant's license application. A temporary license
				  issued under this rule is valid for not more than ninety days, but may be
				  extended upon expiration by the Director if the criteria in this subsection are
				  satisfied.
47.4. The Director shall
				  issue a temporary identification badge to the temporary occupational licensee.
				  The color of the temporary identification badge shall be different from the
				  occupational license identification badge that is given to an occupational
				  licensee upon issuance of a full occupational license. The temporary
				  identification badge shall contain and display information prescribed by the
				  Commission.
47.5. Temporary
				  occupational licensees shall wear and clearly display a legible name tag and
				  shall have their temporary identification badge in their possession at all
				  times during work hours at the casino.
47.6. A person shall pay a fee of $10.00 to
				  the Commission for any necessary replacement of a temporary identification
				  badge.
47.7. A temporary
				  identification badge shall not be transferred and shall be immediately returned
				  to the Commission if the temporary licensee resigns or if his or her employment
				  at the casino is terminated.
47.8.
				  If, upon further investigation and review of the temporary licensee's
				  application, the Director determines that the applicant is not eligible or
				  suitable for licensure under the Act and this rule, then the Director may, upon
				  written notice to the licensee and the licensee's employer, revoke the
				  temporary license and order the immediate return of the temporary
				  identification badge to the Commission.
47.9. If a temporary occupational license
				  expires or is revoked, then the licensee shall not continue his or her
				  employment and shall not perform the work duties for which the license is
				  required.
47.10. If an applicant's
				  temporary license expires or is revoked, the Director shall immediately forward
				  the temporary licensee's application to the Commission for action together with
				  a written report to the Commission recommending granting or denial of the
				  application. The Director's report shall state the reasons for his or her
				  recommendation for Commission action on the application.
47.11. Before issuance of an occupational
				  license, an occupational license applicant shall have the burden of producing
				  the information, documentation, and assurances in his or her application to
				  establish, by clear and convincing evidence, that the applicant is eligible,
				  qualified, and suitable to receive the occupational license for which
				  application is made, under the licensing standards in the Act and this
				  rule.
47.12. The applicant shall
				  demonstrate to the Commission a level of skill, knowledge, and/or experience
				  reasonably necessary to perform the job duties required for the occupational
				  license for which application is made. However, an applicant may still be
				  employed by the casino to perform the duties if the casino agrees to provide
				  necessary training to the applicant.
47.13 An applicant is not eligible,
				  qualified, or suitable for an occupational license if he or she:
47.13.a. Has knowingly made a false statement
				  of a material fact to the Commission;
47.13.b. Has been suspended from operating a
				  gaming game, gaming device or gaming operation in another jurisdiction by a
				  board or other governmental authority of that jurisdiction having
				  responsibility for the regulation of gaming or gaming activities;
47.13.c. Has been convicted of an offense of
				  moral turpitude, a gaming offense, a theft or fraud offense, or has otherwise
				  demonstrated, either by a police record or other satisfactory evidence, a lack
				  of respect for law and order; or
47.13.d. Has failed to meet any monetary
				  obligation in connection with a gaming facility or any other form of
				  gaming.