W. Va. Code R. § 179-4-174

Current through Register Vol. XLI, No. 44, November 1, 2024

Section 179-4-174 - Procedure for Entry of Names on Exclusion List

174.1. Upon a determination that a person comes under any of the criteria for exclusion, the person may be subject to exclusion and the Director shall file a notice of exclusion. The notice shall include all of the following information:

174.1.a. The identity of the person;

174.1.b. The nature and scope of the circumstances or reasons that the person should be placed on the exclusion list;

174.1.c. Names of potential witnesses; and

174.1.d. A recommendation as to whether the exclusion or ejection is be permanent. The notice shall also inform the person of the availability of a hearing before the Commission.

174.2. A person excluded from the limited gaming facility shall make a request for a hearing within thirty days from the date the notice of exclusion was served.

174.3. If a person is excluded or ejected from the casino or the video lottery gaming area of a licensed racetrack, then the person is prohibited from further entering the casino or the video lottery gaming area of a licensed racetrack until a determination is made by the Commission on the merits of a filed notice of exclusion or a requested hearing. If a determination by the Commission is appealed, then the exclusion shall continue until the judicial review is completed unless otherwise ordered by the court.

174.4. If the Commission or a subsequent judicial review finds in favor of an excluded person, then the person's name shall be removed from the exclusion list and the excluded person's exclusion shall be terminated as of the date of the decision of the Commission or the court. If the finding is against the excluded person, then the excluded person's name shall remain on the exclusion list. If a hearing is not requested, then the excluded person's name shall remain on the exclusion list.

174.5. If the notice of exclusion provides for a temporary exclusion, then the Director shall set the term of the temporary exclusion. In making this time determination, the Director may consider the recommendation of the West Virginia Lottery staff. A temporary exclusion shall not be less than one hundred eighty days. A temporary exclusion shall only apply to a person excluded or ejected for disruptive conduct. All other exclusions shall be permanent.

W. Va. Code R. § 179-4-174