W. Va. Code R. § 178-2-32

Current through Register Vol. XLI, No. 39, September 27, 2024

Section 178-2-32 - General Provisions

32.1. Any person who is involved in or employed by those involved in racing or operating a licensed association or those operating concessions for or under authority from any association, shall have a valid occupational permit issued by the Racing Commission, unless he or she is otherwise specifically exempted by the Commission.

32.2. All applicants for an occupational permit, or renewal thereof, shall file an application with the Racing Commission License Clerk. The application shall be submitted to the judges who may issue the occupational permit, hold the application for further investigation, or refer it to the Racing Commission for final action. All judges shall review and sign all occupational permit applications.

32.3. All applicants for an occupational permit or renewal may be required to furnish their respective fingerprints for examination by the West Virginia Criminal Investigation Division and the Federal Bureau of Investigation. All applicants shall furnish fingerprints and sign an authorization for die release of information by die Criminal Investigation Division and Federal Bureau of Investigation. In addition to die permit fee provided in this rule, the Commission may assess die cost of the background check(s) to the applicant.

32.4. The association shall provide equipment for fingerprinting and photographing all occupational permit holders and shall provide the equipment necessary to include the picture of the permit holder on the permit.

32.5. All applicants for an occupational permit or renewal thereof shall pay the prescribed fee for die specific permit requested. The fees for occupational permits effective for calendar year 2012 and thereafter are listed in Table 32.5 included in this rule.

32.6. The Commission may assess an applicant or permit holder a credit card transaction fee for any required payment by the applicant or permit holder who chooses to pay by credit card.

32.7. Any person who is suspended or revoked, or whose permit has been denied by any racing board or commission in another jurisdiction shall apply to and be reinstated by die board or commission of that jurisdiction in which die original ruling was made before being eligible to hold an occupational permit by the Racing Commission.

32.8. All occupational permit holders shall visibly display identification while in restricted areas. In addition, all permit holders shall have their occupational permit on their person at all times while on association grounds. Permit holders shall be held responsible for the safekeeping of his or her permit. No occupational permit is transferable and no duplicate cards shall be issued except upon payment of a fee of five dollars ($5.00).

32.9. The judges or die Racing Commission may deny or refuse to renew an occupational permit if the applicant does not meet die requirements set forth in this rule for the permit sought, or for any reason that would constitute grounds for discipline under these rules, or if a conflict of interest exists or could exist by the issuance or renewal of the permit. In addition, die Racing Commission may designate categories of permit applications that require a determination of issuance or denial by the Commission and not the judges. The Racing Commission may require, however, that die judges provide a recommendation as to die issuance or denial of any such permit application.

32.10. When the judges or the Racing Commission deny an application for an occupational permit, they shall set forth the reasons for die denial in an Order or Ruling to the applicant and shall further report the under to the Association of Racing Commissioners International.

32.11. The judges may allow any applicant for an occupational permit permission to pursue his or her vocation pending action on the application by issuance of a conditional permit.

32.12. Each occupational permit is valid for one (1) year, unless approved otherwise by the Commission. Each permit shall be renewed according to the following schedule: Permits issued to persons whose date of birth is January 1 through and including April 30 shall be renewed no later than April 30 of each year; permits issued to persons whose date of birth is May 1 through and including August 31 shall be renewed no later than August 31 of each year; and permits issued to persons whose date of birth is September 1 through and including December 31 shall be renewed no later than December 31 of each year.

32.13. The responsibility for obtaining an occupational permit for an employee rests with the employer. Any permit holder who employs an individual must report that employment to the judges and immediately obtain an occupational permit for the employee.

32.14. No individual under die age of sixteen (16) years shall be granted an occupational permit.

32.15. The judges or die Racing Commission may impose any condition on the issuance or renewal of an occupational permit that they consider necessary to protect the best interest of racing.

32.16. All permit holders shall abide by the laws of die State of West Virginia and these rules and accept die decision of the judges on all questions, subject to the right of appeal to the Racing Commission.

32.17. The Commission is authorized to confirm the immigration status of any applicant or permit holder.

W. Va. Code R. § 178-2-32