reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-06 - Due Process and Hearings › Section 178-6-3 - Proceedings by the Stewards/Judges

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Rights of Permit Holder. A permit holder
				who is the subject of a disciplinary hearing conducted by the stewards/judges
				is entitled to:
3.1.a. Proper notice of all
				charges;
3.1.b. Confront the
				evidence presented;
3.1.c. The
				right to counsel at the permit holder's expense;
3.1.d. The right to examine all evidence
				presented against him/her;
3.1.e.
				The right to present a defense;
3.1.f. The right to call witnesses;
3.1.g. The right to cross-examine witnesses;
				and,
3.1.h. The right to waive any
				of the above rights.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-06 - Due Process and Hearings › Section 178-6-4 - Proceedings by the Commission

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Rights of Permit Holder, Licensee or Other Person.
4.1.a. A permit holder who is the subject of
				a disciplinary hearing who has filed an appeal to the Racing Commission from a
				stewards'/judges' ruling; a permit holder who has filed an appeal to the Racing
				Commission as a result of an ejection by an association and the association
				that is the respondent in the appeal; or a licensee who is the subject of a
				disciplinary hearing before the Racing Commission; or, any other person under
				the jurisdiction of the Racing Commission who seeks relief from the Racing
				Commission, is entitled to:
4.1.a.1. Proper
				notice of all charges alleged by the stewards/judges and/or Racing Commission
				or, in the case of an ejection by an association, notice of the reason for the
				ejection, as stated by the association;
4.1.a.2. Confront the evidence
				presented;
4.1.a.3. The right to
				counsel at the permit holder's, licensee's or person's expense;
4.1.a.4. The right to examine all evidence
				presented against him/her/it;
4.1.a.5. The right to present a
				defense;
4.1.a.6. The right to call
				witnesses;
4.1.a.7. The right to
				cross-examine witnesses;
4.1.a.8.
				The right to request subpoenas and subpoenas ducestecum; and,
4.1.a.9. The right to waive any of the above
				rights.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-06 - Due Process and Hearings › Section 178-6-5 - Rulings In Other Jurisdictions

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Reciprocity.
5.1.a. The Racing Commission and
				the stewards/judges shall honor rulings, decisions and final orders from other
				racing jurisdictions regarding permit or license suspensions, revocations, and
				eligibility.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-07 - Simulcast Pari-Mutuel Wagering At Authorized Gaming Facility In Historic Resort Hotel › Section 178-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule regulates the conducting of simulcast pari-mutuel wagering on horse and
				dog races at an authorized gaming facility in the historic resort hotel in this
				state.
1.2. Authority. -- W. Va.
				Code §
									19-23-12d.
1.3. Filing Date. -- April 16,
				2012.
1.4. Effective Date. -- April
				16, 2012.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-08 - Racing Interpretive Rule › Section 178-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- The purpose of this interpretive rule is to disclose how the Racing
				Commission will interpret, clarify and explain provisions of Horse and Dog
				Racing, codified in W. Va. Code §
									19-23-1,
et seq
1.2.
				Authority. -- W. Va. Code §§
									19-23-1,
et seq;
29A-3-4.
1.3. Filing Date. -- August 6,
				2013.
1.4. Effective Date. --
				September 5, 2013.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-08 - Racing Interpretive Rule › Section 178-8-2 - Bona Fide Residency

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. For
				the purpose of distributing quarterly supplemental purse awards pursuant to W.
				Va. Code §
									19-23-13(c)(1)(A),
				the Racing Commission must first verify West Virginia residency. The Commission
				has interpreted the required documentation to show bona fide residency to
				include the following terms for consistency in application:
2.1.1. All claimants must provide a signed
				authorization for release of tax information and if applicable, a copy of a
				filed federal tax extension, and proof of payment of real or personal property
				taxes by April 30 of each year.
2.1.2. Failure to submit the statutorily
				required documentation will result in denial of any quarterly claims until the
				items required by subsection 2.1.1 are provided to the Racing
				Commission.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-09 - Reimbursement of Capital Reinvestment Projects › Section 178-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule specifies the procedures for the disbursement of funds by the Racing
				Commission to thoroughbred and greyhound racetracks for expenditure upon
				capital improvements as authorized in West Virginia Code §§ 19-23-13
				c(b)(3)(A), (B) and (C) and 19-23-13c(c).
1.2. Authority. -- W. Va. Code §
									19-23-6(3).
1.3. Filing Date. -June 11, 2014.
1.4. Effective Date. -July 11,
				2014.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-09 - Reimbursement of Capital Reinvestment Projects › Section 178-9-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Capital
				improvement means amounts paid or incurred to add to the value, or
				substantially prolong the useful life, of property owned by a racetrack or to
				adapt such property to a new or different use, as defined by the Internal
				Revenue Code, 26 U.S.C. § 263.
2.2. "Commission" means the West Virginia
				Racing Commission.
2.3. "Director
				of Audit" means the person employed by the West Virginia Racing Commission in
				accordance with West Virginia Code § 19-23-5(b), 178 W.Va. C.S.R. 1,
				§ 5.4., and 178 W. Va. C.S.R. 2, § 4.4.
2.4. "Executive Director" means the person
				employed by the West Virginia Racing Commission in accordance with West
				Virginia Code § 19-23-5(a).
2.5. "Racetrack" means a thoroughbred or
				greyhound racetrack licensed by the West Virginia Racing Commission to conduct
				horse or dog racing for a purse where the pari-mutuel system of wagering is
				permitted.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-09 - Reimbursement of Capital Reinvestment Projects › Section 178-9-3 - Segregation of Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Racing
				Commission shall maintain a segregated accounting of the funds available to
				each racetrack for capital improvements.
3.2. The balance of each segregated fund
				shall be reported to the Commission and to each of the racetracks by the
				Director of Audit at least once per calendar quarter.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-09 - Reimbursement of Capital Reinvestment Projects › Section 178-9-4 - Request for Reimbursement of Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A racetrack seeking reimbursement for
				funds expended upon a capital improvement shall make a written request to the
				Director of Audit which shall contain:
4.1.a.
				a detailed description of the capital improvement and its purpose;
4.1.b. a detailed description of how the
				capital improvement provides for the betterment of racing;
4.1.c. a detailed description of how the
				capital improvement benefits those engaged in racing activities;
4.1.d. an estimate of the capital improvement
				cost;
4.1.e. copies of the bids
				solicited by the racetrack from potential vendors; and,
4.1.f. a deduction for the salvage value
				received from any old asset.
West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-10 - Advance Deposit Account Wagering (ADW) › Section 178-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule regulates the conduct of advance deposit wagering in this state.
1.2. Authority. -- W. Va. Code §
									19-23-12e(l).
1.3. Filing Date. - April 29, 2021
1.4. Effective Date. -- April 29,
				2021
1.5. Sunset Provision. -- This
				rule shall terminate and have no further force or effect on August 1,
				2026.
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 1 - DEFINITIONS › Section 178-10-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule and unless the context clearly
					 requires a different meaning, the following terms shall have the meaning
					 ascribed in this section.
2.1.
				  "Account" means an advance deposit wagering (ADW) account owned by an account
				  holder and managed by an ADW licensee that the Racing Commission has determined
				  will maintain a specific identifiable record of account deposits, wagers,
				  credits, debits, and withdrawals, and protect the account holder's confidential
				  information.
2.2. "Account holder"
				  means a resident individual, at least 18 years of age who applies for and
				  successfully opens an account with an ADW licensee.
2.3. "Advance deposit account wagering" means
				  a method of pari-mutuel wagering that is permissible under the Interstate
				  Horseracing Act,
				  15 U.S.C. §
											3001 et seq., in which an individual may
				  establish an account with a person or entity, licensed by the Racing
				  Commission, to place pari-mutual wagers on horse or greyhound racing with the
				  ADW licensee via electronic media or by telephone, but not account wagering
				  conducted through a licensee under §
										19-23-9(a)
				  of the West Virginia code, and the Racing Commission's rules thereunder with
				  respect to wagering conducted pursuant to Racing Commission Rule §
				  178-5-5.
2.4. "Advance deposit
				  account wagering licensee" means an entity licensed by the Racing Commission to
				  conduct advance deposit account wagering that accepts deposits and wagers,
				  issues a receipt or other confirmation to the account holder evidencing the
				  deposits and wagers, and transfers credits and debits to and from an
				  account.
2.5. "ADW" means advance
				  deposit account wagering.
2.6.
				  "Confidential information" means
(A) The
				  amount of money credited to, debited from, withdrawn from, or present in an
				  account;
(B) the amount of money
				  wagered by an account holder on any race or series of races, or the identities
				  of racing associations on which the account holder is wagering or has
				  wagered;
(C) the account number and
				  secure personal identification information of an account holder; and
(D) unless authorized by the account holder,
				  the name, address, or other information that would identify the account holder
				  to any person or entity other than the Racing Commission or the ADW licensee
				  that manages the account.
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 3 - ADW LICENSEE OPERATIONS, REQUIREMENTS AND FEES › Section 178-10-4 - Operations by advance deposit account wagering licensees

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Before beginning operations in the state
				  of West Virginia, an ADW licensee must be qualified to do business in West
				  Virginia.
4.2. Any action that
				  suspends or otherwise prohibits an ADW licensee of the Racing Commission from
				  operating in another state may be used as grounds for a suspension of its ADW
				  license in West Virginia. An ADW licensee whose ADW license has been suspended,
				  revoked or otherwise rendered inoperable in another state has a duty to
				  immediately notify the Racing Commission.
4.3. Only individuals who have established
				  accounts with an ADW entity licensed by the Racing Commission may wager through
				  an account and that account must be with an ADW entity licensed in West
				  Virginia.
4.4. The following
				  provisions apply to opening an ADW account:.
4.4.a. An ADW licensee shall require from an
				  applicant the following information including, but not limited to:
4.4.a.1. Name;
4.4.a.2. Principal residence
				  address;
4.4.a.3. Telephone number;
4.4.a.4. The entire or last four
				  digits of the applicant's Social Security number, or the equivalent for a
				  foreign applicant such as a passport or taxpayer identification
				  number;
4.4.a.5. Age; and
4.4.a.6. Other information
				  necessary for account administration.
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 3 - ADW LICENSEE OPERATIONS, REQUIREMENTS AND FEES › Section 178-10-5 - ADW licensee requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				  An ADW licensee shall conduct its operations with account holders in accordance
				  with the terms of agreement, previously approved by the Racing
				  Commission.
5.2. No employee or
				  agent of the ADW licensee shall divulge any confidential information related to
				  the placing of any wager or any confidential information related to the
				  operation of the ADW licensee except:
5.2.a.
				  To the account holder as required by this rule;
5.2.b. To the Racing Commission;
5.2.c. To the ADW licensee; and
5.2.d. As otherwise required by state or
				  federal law.
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 3 - ADW LICENSEE OPERATIONS, REQUIREMENTS AND FEES › Section 178-10-6 - ADW licensee fees

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. An initial
				  or renewal application for an ADW license shall be accompanied by a
				  nonrefundable application fee of $5,000.00 payable to the Racing Commission.
				  Provided that an initial application for an ADW license submitted on or after
				  the July 1, 2020 effective date of West Virginia §§
										19-23-12e
				  et seq., and the effective date of this rule, for the period ending on December
				  31, 2020, shall be accompanied by a nonrefundable application fee of $2,500.00
				  payable to the Racing Commission.
6.2. An applicant for an initial or renewal
				  ADW license shall be billed and shall be responsible for any costs involved in
				  the background checks and review conducted by the Racing Commission in
				  connection with the application. Payment for such costs shall be due within
				  fifteen days of receipt of the bill issued by the Racing Commission.
6.3. The source market fee set forth in West
				  Virginia Code §
										19-23-12e(b)
				  shall be paid by an ADW licensee to the Racing Commission on the tenth day of
				  each month for the previous month. Thereafter, the Racing Commission shall
				  distribute the source market fee in the manner required by West Virginia Code
				  §
										19-23-12e(b)
				  by no later than the twentieth day of each month.
6.4. The regulatory fee set forth in West
				  Virginia Code §
										19-23-12e(h)
				  shall be paid by an ADW licensee to the Racing Commission on the tenth day of
				  each month for the previous month.
6.5. The additional fee set forth in West
				  Virginia Code §
										19-23-12e(i)
				  to be deposited in the special revenue "Advance Deposit Wagering Account" shall
				  be paid by an ADW licensee to the Racing Commission on the tenth day of each
				  month for the previous month.
6.6.
				  For purposes of this subsection, if a fee is required to be paid or a
				  distribution is required to be made on a day that is a Saturday, Sunday or
				  designated state holiday, then the fee shall be paid or the distribution shall
				  be made on the next business day.
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 178-10-7 - Grounds for Denial and Discipline of a License

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1 The Racing Commission may, in its
				  discretion, refuse to issue or renew an ADW license to an applicant, or may in
				  its discretion, suspend, revoke, or impose other disciplinary measures upon an
				  ADW license issued in this state if the applicant or any individual or other
				  entity identified pursuant to this rule in connection with the application, or
				  the ADW licensee has:
7.1.a. has been
				  convicted of a crime in any jurisdiction, other than a traffic violation, that
				  bears a rational nexus to the qualifications, functions or duties necessary to
				  engage in ADW operations;
7.1.b.
				  has demonstrated financial irresponsibility or financial instability in such a
				  manner that it bears on the ability of the applicant or the licensee to engage
				  in ADW operations;
7.1.c. has had a
				  horse or greyhound racing, gambling, ADW, business, professional, or
				  occupational license or permit revoked, denied, suspended or otherwise
				  disciplined, or been a party in a proceeding to do so;
7.1.d. has violated, attempted to violate, or
				  knowingly aided and abetted the violation of any law, rule, ruling or order
				  with respect to ADW or racing in West Virginia or any other jurisdiction;
7.1.e. has failed to disclose or
				  has falsely stated any information required in the application for an ADW
				  license;
7.1.f. has violated any
				  provision of this rule and/or the provisions of §
											19-23-12e
				  et seq. of the West Virginia code;
7.1.g. has failed to pay a required fee, fine
				  or cost;
7.1.h. has failed to
				  cooperate with the Racing Commission, its Executive Director, its employees,
				  agents and designees in any inquiry, audit, investigation, review or
				  proceeding.
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 178-10-9 - Discipline of ADW Licensees and Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. After notice and an opportunity to be
				  heard, the Racing Commission may impose one of the following penalties or any
				  combination of two or more of the following penalties on an ADW licensee who
				  has been found to have engaged in conduct constituting grounds for disciplinary
				  action:
9.1.a. issue a reprimand;
9.1.b. assess a fine not to exceed one
				  hundred thousand dollars ($100,000.00) per violation, which may be deposited in
				  the Racing Commission's general administrative account;
9.1.c. place an ADW licensee on probation;
9.1.d. place conditions on an ADW
				  license;
9.1.e. suspend an ADW
				  license for an indefinite or fixed period; or
9.1.f. revoke an ADW license.
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 178-10-10 - Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The Racing
				  Commission shall have all of the rights, powers and remedies provided for in
				  §§
										19-23-1
				  et seq. and
				  19-23-12e
				  et seq. of the West Virginia code to ensure compliance with this rule and
				  applicable statutes, including, but not limited to, injunctive
				  relief.
10.2. Additionally, with
				  respect to any person or entity that engages in ADW in West Virginia without a
				  license issued by the Racing Commission, the Commission may take such measures
				  as it deems necessary, including, but not limited to, seeking injunctive relief
				  in a court of competent jurisdiction and/or referral to the appropriate
				  prosecutorial and law-enforcement authorities for criminal
				  prosecution.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-01 - West Virginia Lottery State Lottery Rules › Section 179-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- The purpose of this rule is to provide for the organization and
				structure of the operation of the West Virginia Lottery, provide for licensing
				of agents for the sale and dispensing of lottery tickets and materials and
				lottery games, and the operation of computer terminals for lottery
				games.
1.2. Authority -- W. Va.
				Code §§
									29-22-5,
				9(b), 9(c), 10, 16 and 17.
1.3.
				Filing Date - April 14, 2022.
1.4.
				Effective Date - July 1, 2022.
1.5.
				Sunset Provision. -- This rule shall terminate and have no further force or
				effect upon August 1, 2027.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-01 - West Virginia Lottery State Lottery Rules › Section 179-1-3 - Financial Administration

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Collection of Accounts - Agents and retailers shall establish private banking
				accounts in which to deposit payments for the purchase of lottery tickets or
				receipts from draw sales.
3.1.a. The funds in
				each of the accounts established under this section shall be swept by
				electronic funds transfer ("EFT") and/or an Automated Clearing House ("ACH")
				transfer to an account of the State Treasurer as provided for in paragraph
				3.2.b.1 of this section.
3.1.b. The
				Director may authorize other methods of collection such as intra-governmental
				transfers in the case of other state agencies.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-01 - West Virginia Lottery State Lottery Rules › Section 179-1-4 - Licensing

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Commission
				shall license as lottery sales agents and as lottery retailers those persons
				who will, in the judgment of the Commission, meet the statutory requirements
				for licensing, promote the sale of lottery tickets and materials, promote the
				best interest of the Lottery and of the State, and achieve the goals of the
				statute.
4.1.a. Any person interested in
				obtaining a license as a lottery retailer or licensed lottery sales agent shall
				first file an application with the Director on a form supplied for that purpose
				by the Director. The application form shall be designed to solicit sufficient
				relevant information from an applicant to permit the Director to make the
				determination required by the Lottery Act and this rule for issuance of a
				license by the Commission.
4.1.b.
				The license of a licensed lottery sales agent or lottery retailer in any
				capacity is a privilege personal to that person and is not a legal right. The
				license is revocable by the Director. A licensed lottery sales agent or lottery
				retailer may surrender the license to the Director.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-01 - West Virginia Lottery State Lottery Rules › Section 179-1-7 - Payment of prizes - general provisions for instant and draw games

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Each lottery
				retailer or licensed lottery sales agent shall pay all prizes authorized to be
				paid by the lottery retailer or licensed lottery sales agent by this rule
				during its normal business hours at the location designated on its
				license.
7.2. A claim shall be
				entered in the name of a single natural person. Groups, family units,
				organizations, clubs or other organizations shall designate one individual in
				whose name the claim is to be entered.
7.3. Unless otherwise provided in the rules
				for a specific type of game, a claimant shall sign the back of the lottery
				ticket, or provide the digital bar code from his or her mobile device and
				complete and sign a claim form provided by the Director. The claimant shall
				submit the claim form and claimant's lottery ticket to the Lottery in
				accordance with the instructions as stated on the claim form and on the back of
				the lottery ticket or the game rules provided on the mobile device at the time
				of the lottery ticket purchase. In the event of a difference or conflict in the
				name appearing on, or associated with, the lottery ticket and the claim form,
				the name which appears on the lottery ticket controls. The claimant, by
				submitting the claim, agrees to the following provisions as a prerequisite to
				payment of the prize:
7.3.a. The discharge of
				the State, the Lottery Commissioners, its officials, officers and employees of
				all further liability upon payment of the prize; and
7.3.b. The authorization to use the
				claimant's name and the taking and use of photographs for any reasonable
				publicity purposes the Director considers desirable upon award of the
				prize.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-01 - West Virginia Lottery State Lottery Rules › Section 179-1-8 - Use of West Virginia Lottery Trademarks

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Lottery sales agents and retailers may
				use, and display the Lottery Logo, trademark, and other advertising materials
				without charge to the user or compensation to the Commission for its
				use.
8.2. Any use of the Lottery
				Logo or other trademarked or copyright materials, other intellectual property,
				or copy in advertising or production of consumer articles requires a prior
				written request and execution of the Lottery's License Agreement.
8.3. An applicant for licensing shall submit
				a form provided by the Director. The form shall require information of
				sufficient quantity and detail to allow the determination of suitability for
				licensing of the applicant by the Director.
8.4. Any request for authorization properly
				submitted shall include a representative sample or samples of the materials for
				which authority is sought.
8.5.
				After review of the request and representative sample, the Director may issue a
				tentative authorization to proceed with production of proofs or samples of the
				merchandise.
8.6. The applicant may
				be required to submit the final proofs or samples representative of actual
				production items to the Director for his or her final approval before
				proceeding to produce the items for sale or distribution.
8.7. Upon receipt of notice of final
				approval, or upon execution of the License Agreement by both parties, if no
				final approval is required, the license may initiate production of goods or
				materials over the specified duration of the Licensing Agreement as set forth
				in this section.
8.8. The Director
				may, over the period of the License Agreement, exercise supervision over the
				quality of the materials produced under license, and may require as a condition
				to continuation of the license, changes in quality of the goods or material
				produced.
8.9. The Director and
				Commission may at any time terminate an agreement to license in the event that
				the licensee fails to meet the requirement of the agreement, or in the event
				that the continuation of the license is not considered to be in the best
				interest of the Lottery or of the State of West Virginia.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-01 - West Virginia Lottery State Lottery Rules › Section 179-1-9 - Fingerprint submission for background investigation

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Pursuant to W. Va. Code §§
									29-22-8
				and
				29-22-23,
				the Commission may investigate the background of employees and vendors with
				proper authorization. West Virginia Code §
									29-22-4
				provides that no person may be eligible for appointment as Commissioner if
				convicted of a felony.
9.2. The
				Commission shall require all new employees of the Commission, any contract or
				temporary employee, and any newly appointed Commissioners or Director to
				furnish fingerprints for a national criminal records check by the Criminal
				Identification Bureau of the West Virginia State Police and/or the Federal
				Bureau of Investigation. The fingerprints shall be accompanied by a signed
				authorization for the release of information by the Criminal Investigation
				Bureau and the Federal Bureau of Investigation and the West Virginia Division
				of Motor Vehicles ("WVDMV"). The Commission and the WVDMV shall define the
				scope of authorized access by interagency agreement and the Commission's
				security personnel shall be granted access to WVDMV records in accordance to
				the terms of such agreement.
9.3.
				The Commission shall require vendors or contractors who have access to Lottery
				headquarters or to Lottery Computer Networks to furnish fingerprints for a
				national criminal records check by the Criminal Identification Bureau of the
				West Virginia State Police and/or the Federal Bureau of Investigation. The
				fingerprints shall be accompanied by a signed authorization for the release of
				information by the Criminal Investigation Bureau and the Federal Bureau of
				Investigation.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-01 - West Virginia Lottery State Lottery Rules › Section 179-1-10 - Additional requirements for Special Licensed Retailers operating iLottery

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. A Special
				Licensed Retailer shall have its iLottery gaming system tested and certified by
				an Independent Testing Laboratory approved by the Commission.
10.2. In order to prevent unauthorized use of
				an iLottery gaming system to place a wager when a patron is not within the
				boundaries of the State of West Virginia, the iLottery gaming system must
				utilize a geolocation system to reasonably detect the physical location of a
				patron attempting to access any iLottery gaming system to purchase a lottery
				ticket and to monitor and block unauthorized attempts to access the iLottery
				gaming system in order to purchase a lottery ticket when the patron is not
				within the boundaries of the State of West Virginia.
10.2.a. The geolocation system shall ensure
				that any patron is located within the boundaries of the State of West Virginia
				when purchasing a lottery ticket and shall be equipped to dynamically monitor
				the patron's location and block unauthorized attempts to access the iLottery
				gaming system in order to purchase a lottery ticket throughout the duration of
				the patron session.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-02 - Administrative Appeals Procedure › Section 179-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- The following procedural rule sets forth the practice and procedure
				established by the West Virginia State Lottery Commission to govern
				administrative appeal hearings before the commission. The purpose of this rule
				is to adopt a single procedural rule that provides a fair and orderly
				administration and effectuation of the statutory purpose of the appeal under
				both the State Lottery Act, W.Va. Code '29-22-1 et seq. as
				well as the Racetrack Video Lottery Act, W.Va. Code '29-22A-1 et
				seq.
1.2. Authority. -- W. Va. Code
				''29-22-14(b) and 29-22A-15.
1.3.
				Filing Date. -- December 3, 1998.
1.4. Effective Date. -- January 1,
				1999.
1.5. Repealer - Proposed
				amended procedural rule 179 CSR 2 completely rewrites present procedural rule
				179 CSR 2 which was filed and effective November 14, 1986; therefore, upon
				final filing of this procedural rule, former procedural rule 179 CSR 2 is
				repealed.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-02 - Administrative Appeals Procedure › Section 179-2-2 - Petition For Appeal; Form and Content

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. If the West Virginia State Lottery
				Commission [hereafter "the commission"] or the director of the West Virginia
				State Lottery [hereafter ''the director"] refuses to issue a license or permit,
				or suspends or revokes a license or permit, an order will be made and entered
				to that effect including a statement of the reasons for that action and a copy
				of that order will be mailed to the applicant, or the license or permit holder,
				by certified mail, return receipt requested, or in the alternative, the order
				will be served in the same in the manner provided for the service of legal
				process.
2.2. Any applicant or
				license or permit holder adversely affected by such an order has the right to a
				hearing before the commission or before a person designated by the commission
				as hearing examiner.
2.3. Any
				person aggrieved by any action of the commission acting under the provisions of
				W. Va. Code article 29-22 also has the right to a hearing before the commission
				or before a person designated by the commission as hearing examiner.
2.4. A petition in writing requesting a
				hearing must be served upon the director within ten days, either following the
				receipt of the order by the applicant, or license or permit holder or following
				the action of the commission or director giving rise to the petition.
2.5. The petition for a hearing must be in
				writing and include an original and one copy. The petition must contain the
				following:
2.5.a. A clear and concise
				statement of each error which the petitioner alleges to have been committed by
				the commission or the director in refusing to issue a license or permit, or
				suspending or revoking a license or permit, with each assignment of error being
				shown in separately numbered paragraphs.
2.5.b. A clear and concise statement of fact
				upon which the petitioner relies as sustaining each assignment of
				error.
2.5.c. A prayer [request]
				setting forth the relief sought.
2.5.d. The signature of the
				petitioner.
2.5.e. A statement by
				the petitioner under penalty of perjury that his or her statements are
				true.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-02 - Administrative Appeals Procedure › Section 179-2-3 - Costs; Security Deposit

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				If the hearing is held under provisions of the Racetrack Video Lottery Act,
				W.Va. Code '29-22A-15(d)
				requires the person demanding a hearing to give security for the cost of the
				hearing in the amount of three hundred dollars in the form of certified check,
				cashier's check or money order, which must accompany the petition demanding a
				hearing. No security for costs is required for any other hearing.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-02 - Administrative Appeals Procedure › Section 179-2-4 - Discovery

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Subsequent to
				the receipt of an appeal petition by the director, the parties may employ
				pre-hearing discovery measures. The hearing examiner will recognize an informal
				set of guidelines based on the West Virginia Rules of Civil Procedure as a
				model.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-02 - Administrative Appeals Procedure › Section 179-2-5 - Subpoenas and Subpoenas Duces Tecum [Art. 22A Appeals, Only]

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. In all
				hearings held under this rule, oral and documentary evidence may be required
				through the use of
subpoenas
and
subpoenas duces
				tecum
.
Subpoenas
or
subpoenas duces
				tecum
may be issued by either the commission or its duly appointed
				hearing examiner and the following provisions shall govern and control:
5.1.a. Every
subpoena
or
subpoena duces tecum
must be served at least five days before
				its return date, either by personal service made by any person eighteen years
				of age or older, or by registered or certified mail, but a return
				acknowledgment signed by the person to whom the
subpoena
or
subpoena duces tecum
is directed is required to prove service
				by registered or certified mail.
5.1.b. All
subpoenas
and
subpoenas duces tecum
must be issued in the name of the West
				Virginia Lottery commission. Service of
subpoenas
and
subpoenas duces tecum
issued at the insistence of the
				commission are the responsibility of the commission, but any party requesting
				issuance of a
subpoena
or
subpoena duces
				tecum
is responsible for service of any such
subpoena
. Any person who serves a
subpoena
or
subpoena duces tecum
is entitled to the same fee as sheriffs
				who serve witness subpoenas for the circuit courts of this state and fees for
				the attendance and travel of witnesses shall be the same as for witnesses
				before the circuit courts of this state.
5.1.c. All fees shall be paid by the director
				if the
subpoena
or
subpoena duces tecum
is
				issued, without the request of an interested party, at the insistence of the
				director.
5.1.d. All fees related
				to any
subpoenas
or
subpoena duces tecum
issued at the insistence of an interested party will be paid by the interested
				party.
5.1.e. All requests by an
				interested party for a
subpoena
and
subpoena duces
				tecum
must be in writing and contain a statement acknowledging that
				the requesting party agrees to pay such fees.
5.1.f. Any person receiving a
subpoena
or
subpoena duces tecum
issued
				hereunder must honor the same as though it were issued by a circuit court of
				this state and must appear as a witness or produce such books, records or
				papers as are requested in response to a
subpoena
or
subpoena duces tecum
. In case of disobedience or neglect of
				any
subpoena or subpoena duces tecum
served on any person or
				the refusal of any witness to testify to any matter regarding which he or she
				may be lawfully interrogated, the circuit court of the county in which the
				hearing is being held, or the judge thereof in vacation, will, upon application
				by the commission, compel obedience by contempt proceedings as in the case of
				disobedience of the requirements of a
subpoena or subpoena duces
				tecum
issued from the circuit court or a refusal to testify
				therein.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-02 - Administrative Appeals Procedure › Section 179-2-6 - Appearance and Practice Before the Commission or Hearing Examiner

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A quorum of
				the West Virginia Lottery Commission or a hearing examiner or lesser group of
				commission members designated by it may conduct any hearing.
6.2. The service of a petition for hearing
				upon the director does not operate to suspend the execution of any suspension
				or revocation of a lottery license or of a video lottery license or permit with
				respect to which a hearing is being demanded.
6.3. The commission, or the hearing examiner
				whom it appoints, shall set a date for any hearing demanded and will notify the
				person demanding a hearing not later than seven days before the hearing date of
				the date and time of the hearing.
6.4. The hearing will be held within thirty
				days after receipt of the petition.
6.5. Hearings may not be delayed by a motion
				for continuance made less that ten days before the date set for the hearing
				unless both parties agree to the continuance.
6.6. The petitioner may appear individually,
				or by legal counsel. If the petitioner is a corporation, partnership, limited
				partnership, limited liability company or other recognized form of doing
				business that is not a sole proprietorship, an officer of a corporation, a
				partner of a partnership or member of a limited liability company may represent
				the petitioner.
6.7. All persons
				appearing before the hearing examiner in the capacity of legal counsel are to
				conform to the standards of ethical conduct required of attorneys before the
				courts of the State of West Virginia. If any person does not conform to the
				standards, the hearing examiner may decline to permit the person to continue to
				appear in a representative capacity in the proceeding.
6.8. The hearing examiner may require the
				parties to file briefs and reply briefs, to present oral argument or
				both.
6.9. The commission
				encourages oral argument in lieu of the filing of briefs.
6.10. The time schedule for filing of briefs
				and reply briefs will be established by the commission or the hearing examiner
				prior to the conclusion of the hearing.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-02 - Administrative Appeals Procedure › Section 179-2-7 - Submission on Briefs and Record

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. With the approval of the commission or
				the hearing examiner, the petitioner's or the petitione's duly authorized
				representative may waive the right to a hearing and agree to submit the case
				for decision upon the petition and record, with or without a written brief.
				Waivers and agreements must be in writing or upon the record.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-02 - Administrative Appeals Procedure › Section 179-2-9 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Petition for
				appeal may be filed with the circuit court of Kanawha County, West Virginia or
				in the circuit court of the West Virginia county in which the petitioner
				resides or does business.
9.2. An
				appeal to circuit court must be filed no later than thirty days after the date
				upon which the petitioner receives notice of the final decision of the
				commission.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-02 - Administrative Appeals Procedure › Section 179-2-10 - Filing and Service of Documents and Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. All documents required to be filed in
				an appeal under these rules must be filed with the director of the West
				Virginia Lottery. Delivery may be made by one of the following means:
10.1.a. Personal delivery to the West
				Virginia Lottery offices at 312 MacCorkle Avenue, S.E., Charleston, West
				Virginia during regular business hours and excluding Saturdays, Sundays and
				legal holidays.
10.1.b. United
				States mail addressed to P.O. Box 2067, Charleston, West Virginia
				25327-2067.
10.1.c. Private
				delivery companies such as Airborne, DHL, Federal Express and United Parcel
				Service.
10.1.d. Facsimile
				transmission to either 304-558-3321 or 304-558-0129.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-03 - Licensees And The Americans with Disabilities Act › Section 179-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. - The purpose of this rule is to provide procedures for lottery
				retailers and licensed lottery sales agents to meet their responsibilities
				concerning accessibility at retailer locations for disabled customers pursuant
				to the Americans with Disabilities Act (ADA), 42 United States Code,
				''12101-12213 and 47 United States Code, '225 and '611.
1.2. Authority. -- W. Va. Code ''29-22-5 and
				10; and Paxton v. State of West Virginia, Department of Tax and Revenue, 451
				S.E. 2d 779 (W.Va. 1994).
1.3.
				Filing Date -- March 26, 1996.
1.4.
				Effective Date -- April 15, 1996.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-03 - Licensees And The Americans with Disabilities Act › Section 179-3-3 - Accessibility of the Public to the Licensed Premises

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Standard - The general standard for
				determing accessibility of lottery games to the disabled customer is the
				ability of that customer to buy a lottery ticket and\or to play a lottery
				game.
3.2. Prohibition of
				discrimination.
3.2.1. No lottery retailer or
				lottery sales agent shall discriminate against any individual on the basis of a
				disability in the full and equal enjoyment of lottery related goods, services,
				facilities, privileges, advantages, or accommodations or any lottery licensed
				facility.
3.2.2.. Integrated
				accessibility. A lottery licensed facility shall afford lottery related goods,
				services, facilities, privileges, advantages, and accommodations to any
				individual with a disability in the most integrated setting appropriate to the
				needs of the individual.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-03 - Licensees And The Americans with Disabilities Act › Section 179-3-4 - Licensing and Relicensing

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. When
				a person applies for, or seeks renewal of, a license to sell lottery tickets,
				the West Virginia Lottery will provide that person the appropriate form to
				complete and file which, among other things, will inquire whether the person's
				business location to be licensed or relicensed complies with the ADA
				requirements for accessibility.
4.1.1. On the
				appropriate form, the licensee or applicant shall check the appropriate box:
Upon licensing or relicensing as the case may be, Lottery
				  games are accessible to customers with disabilities as required by the
				  Americans With Disabilities Act --
Q yes Q no
4.1.2. Only persons who check the yes box are
				eligible for licensing or relicensing.
4.1.3. The West Virginia Lottery will return
				the application form and fee to any applicant for a license who must check the
				"no" box.
4.1.4. The West Virginia
				Lottery will return the license renewal form, will not charge the $25 fee, and
				will not issue a new license to a licensee who checks the "no" box.