West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-10 - Advance Deposit Account Wagering (ADW) › Part 4 - DENIAL AND DISCIPLINE OF A LICENSE AND ENFORCEMENT AND PENALTIES › Section 178-10-8 - Denial of ADW license applicationl

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Whenever the Racing Commission shall
				  deny an application for an ADW license it shall make and enter an order to that
				  effect and serve a copy thereof on the applicant in any manner in which a
				  summons may be served in a civil action or by certified mail, return receipt
				  requested. Such order shall state the grounds for the action taken.
8.2. An ADW license applicant adversely
				  affected by any such order shall be entitled to a hearing thereon if, within
				  twenty days after service, the applicant files with the Racing Commission a
				  written demand for such hearing. The Racing Commission may require the
				  applicant demanding a hearing to give reasonable security for the costs of the
				  hearing and if the applicant does not substantially prevail at the hearing,
				  such costs, less the security, and the Commission's attorney fees shall be
				  assessed against such person and may be collected by an action at law or other
				  proper remedy.
8.3. Upon receipt of
				  a written demand for such hearing, the Racing Commission shall set a time and
				  place therefor not less than ten and not more than thirty days thereafter. Any
				  hearing may be continued by the Racing Commission or its appointed hearing
				  examiner for good cause shown.
8.4.
				  All of the pertinent provisions of §
										29A-5-1
				  et seq. of the West Virginia code and the pertinent provisions of 178 CSR 6,
				  the Racing Commission's Due Process and Hearings procedural rule, apply to and
				  govern the hearing and the administrative procedures in connection with such
				  hearing.
8.5. Any such hearing
				  shall be conducted by a quorum of the Racing Commission or by a hearing
				  examiner appointed by the Racing Commission who is licensed to practice law in
				  the State of West Virginia. For the purpose of conducting any such hearing, any
				  member of the Racing Commission or its appointed hearing examiner has the power
				  and authority to issue subpoenas and subpoenas duces tecum as provided in
				  §
										19-23-6
				  of the West Virginia code. Any such subpoenas and subpoenas duces tecum shall
				  governed by the provisions of §
										29A-5-1
				  of the West Virginia code.
8.6. At
				  any such hearing the applicant who demanded it may be represented by an
				  attorney-at-law admitted to practice in West Virginia. The Racing Commission
				  shall be represented at any such hearing by the Attorney General or his or her
				  assistants. The Racing Commission, with the written approval of the Attorney
				  General, may employ special counsel to represent the Racing Commission at any
				  such hearing.
8.7. After any such
				  hearing and consideration of all of the testimony, evidence and record in the
				  case, the Racing Commission shall render its decision in writing. The written
				  decision of the Racing Commission shall be accompanied by findings of fact and
				  conclusions of law as specified in §
										29A-5-3 of
				  the West Virginia code, and a copy of such decision and accompanying findings
				  and conclusions shall be served by certified mail, return receipt requested,
				  upon the applicant demanding such hearing, and his or her attorney of record,
				  if any. If a hearing is conducted by a hearing examiner appointed by the Racing
				  Commission, he or she shall prepare a written recommended decision for the
				  Commission's consideration. The Racing Commission, in its discretion, may
				  accept the recommendation in its entirety, modify it, or reject it. If the
				  Racing Commission modifies or rejects a recommended decision of an appointed
				  hearing examiner, either in whole or in part, it shall issue a reasoned,
				  articulate explanation and a recitation of the underlying evidence or other
				  matters upon which it bases its decision, including findings of fact and
				  conclusions of law.
8.8. The
				  decision of the Racing Commission shall be final unless reversed, vacated or
				  modified upon judicial review thereof in accordance with the provisions of
				  §
										29A-5-4
				  of the West Virginia code.