West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-04 - Limited Gaming Facility Rules › Part 3 - LICENSES › Section 179-4-52 - Occupational Licensing Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
52.1. 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
				  limited gaming facility by whom the applicant will be employed if the applicant
				  is licensed.
52.2. 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.
52.3. 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 90 days, but may be renewed
				  upon expiration by the Director if the criteria in this subsection are
				  satisfied.
52.4. 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 as prescribed by the
				  Commission.
52.5. 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 limited gaming facility.
52.6. A person shall pay a fee of $10.00 to
				  the Commission for any necessary replacement of a temporary identification
				  badge.
52.7. 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 limited gaming facility is terminated.
52.8. 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.
52.9. 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.
52.10. 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 denying the
				  application. The Director's report shall state the reasons for his or her
				  recommendation for Commission action on the application.
52.11. 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.
52.12. 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 limited gaming facility to perform the duties if the limited
				  gaming facility agrees to provide necessary training to the
				  applicant.
52.13. An applicant who
				  has knowingly made a false statement of a material fact to the Commission, who
				  has been suspended from operating a gambling game, gaming device or gambling
				  operation in another jurisdiction by a board or other governmental authority of
				  that jurisdiction having responsibility for the regulation of gambling or
				  gaming activities, who has been convicted of any felony, or a misdemeanor
				  involving an offense of moral turpitude, gambling, theft, bribery, or fraud, or
				  has otherwise demonstrated, either by a police record or other satisfactory
				  evidence, a lack of respect for law and order, or who has failed to meet any
				  monetary obligation in connection with a gaming facility or any other form of
				  gaming is not eligible, qualified, or suitable to be issued an occupational
				  license.
52.14. Unless waived by
				  the Commission, an applicant whose name appears on the exclusion list of any
				  jurisdiction, is not eligible, qualified, or suitable to be issued an
				  occupational license
52.15. An
				  applicant shall also have good moral character, reputation, and integrity, and
				  comply with any other licensing standard that the Commission considers
				  necessary to ensure compliance with the Act, this rule, and the Commission's
				  minimum internal control standards, and protect the public and the credibility
				  and integrity of gaming in the state.