11 Va. Admin. Code § 5-70-110

Current through Register Vol. 41, No. 8, December 2, 2024

Section 11VAC5-70-110 - Denial of a permit, license or registration

A. In addition to the hearing requirements in subsection C of this section, the process set out in subsection B of this section shall precede a hearing by the board on the denial of a permit, license, or registration application.

B. After reviewing an application submitted for a permit, license, or registration, department staff may recommend that the director deny the application of an applicant who:

1. Has not established by clear and convincing evidence that the applicant meets applicable qualifications set out in the Virginia sports betting law and this chapter, including demonstration of the good character, honesty, and integrity of the applicant and its principals and employees; or

2. Has violated:

a. A provision of the sports betting law;

b. A provision of this chapter or any other chapter related to sports betting; or

c. A condition set by the director.

3. If department staff recommends that the director deny a permit, license, or registration, the director or the director's designee shall promptly provide the applicant with written notice of:

a. The recommendation and the basis therefor; and

b. The applicant's right to request an Informal Fact-Finding Conference with the director or the director's designee as provided by Article 1, Chapter 40 (§ 58.1-4007 ) of the Code of Virginia.

4. An applicant may submit to the director a written request for an Informal Fact-Finding Conference within 15 days of the date of the notice described in subdivision 3 of this subsection.

5. If an applicant fails to timely submit a request under subdivision 4 of this subsection, the director may adopt as final the recommendation of department staff.

6. During an Informal Fact-Finding Conference, an applicant may:

a. Be represented by counsel; and

b. Present evidence as to why the permit, license, or registration should be granted;

7. If after the Informal Fact-Finding Conference, the applicant is dissatisfied with the decision of the director, the applicant may submit to the board, in writing:

a. A request for hearing before the board on the decision of the director; and

b. The applicant's legal and factual bases for disagreeing with the recommendation of the director.

8. An applicant may submit a hearing request to the board within 15 days of the date of the recommendation of the director after the Informal Fact-Finding Conference.

9. If an applicant fails to timely submit a written hearing request under subdivision 8 of this subsection, the director's decision shall be adopted as final.

C. Board Process.

1. Upon receipt of a timely written hearing request, the board shall provide the applicant a hearing notice for a hearing before the board.

2. The board's hearing notice, and the board's hearing at which the director's denial will be considered, shall comply with the requirements of the Virginia Administrative Process Act, Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

3. The board shall:

a. Grant the permit, license, or registration after determining that the applicant is qualified; or

b. Deny the permit, license, or registration after determining that the applicant:

(1) Is not qualified for a permit, license, or registration, or is disqualified from holding a permit, license, or registration;

(2) Has violated a provision described in subdivision B 2 of this section; or

(3) Has failed to demonstrate by clear and convincing evidence that its application should have been granted.

4. Following a hearing, if it decides to uphold the decision of the director, the board shall:

a. Prepare an order denying the permit, license, or registration with a statement of the reasons and specific findings of fact; and

b. Provide the applicant with written notice of its final action.

5. The board's final action on a permit, license, or registration denial is subject to judicial review as provided in § 58.1-4027 of the Code of Virginia.

D. The procedures set out in this section shall apply to decisions by the director not to renew a permit, license, or registration.

11 Va. Admin. Code § 5-70-110

Derived from Virginia Register Volume 37, Issue 04, eff. 10/12/2020.

Statutory Authority: §§ 58.1-4007, 58.1-4015.1, and 58.1-4030 through 58.1-4047 of the Code of Virginia.