Current through Register Vol. XLI, No. 36, September 6, 2024
Section 179-2-2 - Petition For Appeal; Form and Content2.1. If the West Virginia State Lottery Commission [hereafter "the commission"] or the director of the West Virginia State Lottery [hereafter ''the director"] refuses to issue a license or permit, or suspends or revokes a license or permit, an order will be made and entered to that effect including a statement of the reasons for that action and a copy of that order will be mailed to the applicant, or the license or permit holder, by certified mail, return receipt requested, or in the alternative, the order will be served in the same in the manner provided for the service of legal process.2.2. Any applicant or license or permit holder adversely affected by such an order has the right to a hearing before the commission or before a person designated by the commission as hearing examiner.2.3. Any person aggrieved by any action of the commission acting under the provisions of W. Va. Code article 29-22 also has the right to a hearing before the commission or before a person designated by the commission as hearing examiner.2.4. A petition in writing requesting a hearing must be served upon the director within ten days, either following the receipt of the order by the applicant, or license or permit holder or following the action of the commission or director giving rise to the petition.2.5. The petition for a hearing must be in writing and include an original and one copy. The petition must contain the following:2.5.a. A clear and concise statement of each error which the petitioner alleges to have been committed by the commission or the director in refusing to issue a license or permit, or suspending or revoking a license or permit, with each assignment of error being shown in separately numbered paragraphs.2.5.b. A clear and concise statement of fact upon which the petitioner relies as sustaining each assignment of error.2.5.c. A prayer [request] setting forth the relief sought.2.5.d. The signature of the petitioner.2.5.e. A statement by the petitioner under penalty of perjury that his or her statements are true.2.6. Any person not initially a party to the proceeding who can demonstrate that he or she is the real party in interest concerning the issue in dispute, or that he or she may be adversely affected by a possible decision of the commission, will be permitted to petition the commission or hearing examiner for intervention if such petition is received before the conclusion of the hearing.