W. Va. Code R. § 178-10-8

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 178-10-8 - Denial of ADW license applicationl

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.

W. Va. Code R. § 178-10-8