West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 5 - ISSUANCE OF PERMITS AND DUTIES OF PERMIT HOLDERS › Section 178-1-24 - General Provisions Applicable to All Permit Applicants and Permit Holders

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1.
				  Permit Required. The following provisions apply to permit requirements:
24.1.a. Racing participants and personnel;
				  racing officials (excluding those employed by the Racing Commission); and,
				  persons employed by the association or employed by a person or concern
				  contracting with or approved by the association or Commission to provide a
				  service or commodity on association grounds, shall have a valid occupational
				  permit issued by the Racing Commission, unless otherwise specifically exempted
				  from this requirement.
24.1.b.
				  Applicants for occupational permits shall file a completed application on a
				  form prescribed by the Racing Commission with the license clerk stationed at
				  the racetrack. Applications shall be reviewed by the stewards who may issue or
				  deny the permit; hold the application for further investigation; or, refer it
				  to the Racing Commission for a determination.
24.1.c. The Racing Commission may designate
				  categories of permit applications that require a determination of issuance or
				  denial by the Commission and not the stewards. The Racing Commission may
				  require, however, that the stewards provide a recommendation as to the issuance
				  or denial of any such permit application.
24.1.d. Applicants for occupational permits
				  may be required to provide fingerprints for examination by the West Virginia
				  State Police Criminal Investigation Bureau and the Federal Bureau of
				  Investigation. If the applicant has been fingerprinted by the Racing Commission
				  or another racing jurisdiction within the previous thirty-six (36) months, then
				  the Commission may accept the previous fingerprints or require new
				  fingerprints. If fingerprints are required to be provided by an applicant, the
				  applicant shall provide a signed authorization for the release of information
				  by the examining agencies. The costs of fingerprinting and fingerprint analysis
				  shall be paid by the applicant.
24.1.e. The Commission may issue permits to
				  persons holding valid permanent (not temporary) permits/licenses issued by
				  racing jurisdictions in North America. The applicant must be in good standing
				  in each jurisdiction where he or she holds or has held a racing permit/license;
				  have cleared a Federal Bureau of Investigation or Royal Canadian Mounted Police
				  fingerprint check within the previous thirty-six (36) months, or such other
				  period as may required by the Racing Commission; file an application; and, pay
				  the required applicable fees prior to participating in racing.
24.1.f. The fees that shall be paid to the
				  Racing Commission for occupational permits issued effective for calendar year
				  2012 and thereafter are set forth in table 178-1A at the end of this
				  rule.
24.1.g. The Commission may
				  assess an applicant or permit holder a credit card transaction fee in
				  connection with the payment by credit card of any fees/costs under this
				  subsection.
24.1.h. An occupational
				  permit is neither transferable nor assignable to any other person.
24.1.i. The Racing Commission shall not grant
				  an occupational permit to anyone under eighteen (18) years of age. Provided,
				  except that an occupational permit may be granted at sixteen (16) years of age
				  for the children and grandchildren of licensed permit holders; licensed permit
				  holders being defined for the purposes of this subdivision as owners, breeders,
				  trainers, jockeys and veterinarians. An applicant may be required to submit a
				  certified copy of his or her birth certificate in connection with his or her
				  application for a permit.
24.1.j.
				  The filing of an application for a permit shall authorize the Racing Commission
				  to investigate criminal and employment records, to engage in interviews to
				  determine the applicant's character and qualifications and to verify
				  information provided by the applicant.
24.1.k. The filing of an application for a
				  permit shall authorize the Racing Commission to examine and determine the
				  immigration status of the applicant through the United States Department of
				  Homeland Security, United States Citizenship and Immigration Services, or their
				  successors.