W. Va. Code R. § 178-10-9

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

Section 178-10-9 - Discipline of ADW Licensees and Penalties

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.

9.2. Disciplinary proceedings initiated by the Racing Commission against an ADW licensee and any hearings scheduled in connection with those disciplinary proceedings shall be governed by the pertinent provisions of § 29A-5-1 et seq. of the West Virginia code, the pertinent provisions of 178 CSR 6, the Racing Commission's Due Process and Hearings procedural rule, and subsections 8.5., 8.6., 8.7. and 8.8. of this rule.

9.3. If the Racing Commission substantially prevails in a disciplinary proceeding against an ADW licensee, it may assess the cost of the proceeding and the Commission's attorney fees against the licensee. The Racing Commission may collect such costs and fees by an action at law or other proper remedy, if necessary.

9.4. The Racing Commission may summarily suspend an ADW license for a period not to exceed ninety days pending a hearing and final determination by the Commission if the Commission determines that emergency action is required to protect the public health, safety and welfare including, but not limited to, revenues due the state of West Virginia, the Racing Commission, its horse and greyhound racing licensees, its racing licensees' purse accounts, the West Virginia Thoroughbred Development Fund and the Greyhound Breeding Development Fund. The Racing Commission shall schedule a hearing within fourteen business days after the license is summarily suspended and notify the licensee not less than five business days before the hearing of the date, time, and place of the hearing.

W. Va. Code R. § 178-10-9