W. Va. Code R. § 178-2-37

Current through Register Vol. XLI, No. 40, October 4, 2024

Section 178-2-37 - Prohibited Conduct

The following conduct is grounds for discipline by the judges or die Commission;

37.1. Disturbing the peace, in any manner, at any time, on the grounds of the association;

37.2. The use of profane, indecent or vulgar language to any racing official;

37.3. Refusal to obey an order of a racing official or security personnel of the Commission or die association;

37.4. Submission or knowingly allowing the submission to the Racing Commission, Racing Commission Security Officer Investigator, judges, racing secretary or die National Greyhound Association any report or document which contains false or misleading information;

37.5. Altering any identification mark on a greyhound;

37.6. Making false or misleading statements to the Commission, its representatives or die judges in the course of an investigation;

37.7. Employing, in any capacity, an individual less than sixteen (16) years of age;

37.8. Harboring on the grounds of an association, engaging, or retaining in his or her employ, any person not holding an occupational permit;

37.9. Appearing on die grounds of die association under the influence of alcohol or drugs.

37.10. The use of any animal or fowl in the training or racing of greyhounds, which are being trained for pari-mutuel racing. Any greyhound that has been trained utilizing an animal or fowl shall be forever banned from participating in pari-mutuel racing.

37.11. Engaging in any dishonest or corrupt practice, fraudulent act, or other conduct detrimental to racing, including but not limited to bookmaking, touting or selling or purchasing mutuel tickets other than through mutuel machines.

37.12. Accepting or offering to accept on his or her own behalf or on behalf of another any gift or gratuity with intent to bribe.

37.13. Willfully entering, or causing to be entered or started in any race, a greyhound that he or she knows or believes to be disqualified.

37.14. Offering or receiving any amount of money or other consideration for the withdrawing of an entry out of any race.

37.15. Subjecting or allowing any animal under his or her control, custody or supervision to any form of cruelty, mistreatment, neglect, abuse, abandon or deprivation of necessary care or sustenance, shelter or veterinary care.

37.16. The use or possession on die grounds of any electrical or mechanical device or other expedient designed or intended to increase or decrease the speed of a greyhound.

37.17. Tampering, attempting to tamper, or aiding and abetting the tampering with any greyhound in such a way as to affect its speed in a race.

37.18. Engaging in any act which creates an unfair advantage in a race, any act which would tend to mislead die betting public, or any act detrimental to the best interest of racing.

37.19. Engaging in any act, or possessing any substance or drug, that is intended to interfere with any specimen testing procedure.

37.20. Making a handbook or foreign book on the grounds of an association.

37.21. Soliciting for or wagering with a handbook or a foreign book on the grounds of an association. A resale of any pari-mutuel ticket from an individual to another is prohibited.

37.22. Except for a veterinarian licensed in die State of West Virginia or except when specifically authorized by the Racing Commission Veterinarian or judges, possession of any illegal drugs, stimulants, hypodermic needle, syringe or injectable of any kind on the association grounds.

37.23. Obtaining food, feed, shelter, drugs, transportation, services for greyhounds, veterinary services or supplies for oneself or others, regardless of whether the other holds an occupational permit, and failing to pay for such services or supplies. This conduct may result in disciplinary action only if there has been a court judgment issued as to die amount of debt. Neither the association nor the Racing Commission are obligated to collect any debt.

37.24. Conviction of a crime in any jurisdiction. In considering die conviction, die judges or die Commission shall examine;

(1) die nexus, or relationship, between die crime committed and the qualifications, functions or duties necessary to engage in die racing industry;

(2) die nature and seriousness of the conduct;

(3) the individual's conduct since die events leading to die conviction;

(4) the individual's age and maturity at die time of die offense;

(5) the amount of time that has elapsed since die conviction;

(6) whether die conviction represented an isolated event; and

(7) whether the individual demonstrates any consciousness of the wrongfulness of his conduct, i.e., remorse.

37.25. Any misrepresentation in connection with racing, breeding or otherwise;

37.26. Allowing another to use one's occupational permit or badge for die purpose of transferring any of die benefits pertaining to die occupational permit card or badge.

37.27. Violation of the rules of racing in any other jurisdiction.

37.28. Violation of any judges' ruling or Racing Commission Order.

37.29. Engaging in other conduct which violates any provision of these rules.

W. Va. Code R. § 178-2-37